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How Long Do FELA Lawsuits Take to Process?

For more than 100 years, FELA lawsuits have helped to ensure the safety of railroad workers in some of the most hazardous workplaces. FELA settlements and trial awards may include compensation for medical costs, lost wages, and discomfort and pain.

Unlike workers' compensation cases, FELA allows for recovery of non-economic damages like pain and suffering. This is the reason FELA cases usually result in substantial jury verdicts.

How long does a FELA case take?

There are a myriad of factors that influence how long it takes to settle a FELA claim. The time required to settle a case is influenced by a variety of factors depending on whether the case was filed in a federal employers’ or state court, the amount of time between the date of injury and filing of the lawsuit, and other specifics to the particular case. Your attorney can estimate the amount of time it will take for your FELA claim to be processed.

Another factor that may impact the time frame the duration of a FELA case will be determined by how fast you can obtain medical evidence that supports your claim for injury. This could be a critical aspect in your case as it will allow you to receive the most compensation you can get. In some cases claims, you could be denied if you fail to receive medical evidence within a specified time.

The last factor that could affect the duration of a FELA lawsuit is how quickly your employer and you can reach a fair agreement. In some instances the lawyer and you could be able to settle your FELA case without having to go to court. This can be accomplished by using alternative dispute resolution methods like mediation arbitrage, negotiated agreements or mandatory settlement conferences.

Some workers might be worried about whether filing a FELA complaint could negatively impact the relationship they have with their employer. It is important to note that FELA prohibits employers from retaliating against employees who file a FELA claim. FELA claims also bypass the limitations on benefits set forth by workers' compensation laws which allows railroad workers injured to receive compensation for their pain and suffering.

Your attorney must draft a complaint prior to when you can file a FELA suit. This document outlines the claims you have against your employer. After your lawyer files the complaint, the respondent will be given the chance to respond and explain any defenses. This could be a lengthy process as your attorneys need to conduct thorough investigations into workplace safety practices and collect proof in support of your assertions.

What is the outcome if I don't receive a settlement?

In FELA cases railroad workers injured in FELA cases can seek compensation for past, future, and current medical expenses, lost wages, and pain and suffering. Railroad workers earn more than other blue-collar employees in other industries. Thus, their FELA awards are higher. As a result, it is not unusual to see the parties in a FELA case to settle for large amounts of money.

The first step in filing a FELA lawsuit is to reach out to an experienced attorney. An attorney will examine the details of your accident to determine if you can make a claim for damages. If you have a valid claim your lawyer will help you file the appropriate paperwork and conduct thorough investigations into the incident and the response of your employer to your claim.

After the investigation has been completed the attorney will then submit a request for damages to your employer. Your employer will then either agree to a settlement, or proceed to trial. Trials can be costly and time-consuming, which is why most FELA cases are settled prior to going to the court.

During this time, you and your attorney will collect medical records, as well as other evidence to highlight the severity of your injuries. Your lawyer will also search for witnesses who can be witnesses on your behalf. You can also opt to pursue legal financing which will provide funds based on the settlement you expect.

Unlike personal loans from credit unions and banks, pre-settlement legal financing does not require an extensive credit check or analysis of your financial history. A pre-settlement funding company will examine your application and offer you a quotation highlighting the terms and conditions of the loan. The decision to accept the quote could result in you receiving thousands of dollars prior to the closing of the case.

What is the outcome if I don't win my case?

Depending on how serious your injury is, you might require medical attention for some time before you can settle. While you wait for a resolution, your lawyer will gather evidence, such as medical records that highlight the severity of your injury and testimony from witnesses that can verify your claim. Your lawyer may be able to help you receive pre-settlement financing in order to pay for your ongoing medical treatment and living expenses while you wait for a complete settlement.

Many FELA cases settle before going to trial, as both sides are often motivated to avoid expensive and risky court actions. However, appeals can cause delays at various points in the case, and often after a decision is made. You can always reach out to an attorney who handles railroad accidents to get more information about these situations.

What happens if I lose my case?

Railroad employees who have been injured receive a substantial settlement from their employers, since they are entitled to claim for medical expenses, lost wages and pain and discomfort. Railroad workers also have higher earnings than blue-collar workers and have a much higher cost of living. This means that they are entitled to more compensation for economic damages.

It is important to understand that a settlement can take a long time. This is due to the fact that FELA cases often have several different steps that are interspersed, like litigation and discovery. In addition, if one of the parties file an appeal, it could create long delays in the case.

During this time, the attorney can collect evidence, such as medical records as well as documents that highlight the severity of the injury. They can also look for witnesses who will testify on their behalf. In addition, if the injured worker requires additional financial assistance during the process, they could explore financing options, such as a pre-settlement legal funding loan.

A pre-settlement legal fund company analyzes the case along with other factors to determine how much they can provide in the form of a loan. This differs from a personal loan, which requires a credit check and financial history. Speak to a FELA claim attorney today for more information on how to begin.