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How Long Do FELA Lawsuits Take to Process?

For more than a century, FELA lawsuits have helped keep railroad workers safe in some of the most hazardous workplaces. FELA settlements or trial awards may include reimbursement for medical expenses, lost wages and suffering and pain.

In contrast to workers' compensation cases, FELA allows recovery of non-economic damage such as suffering and pain. This is why FELA cases usually result in significant jury verdicts.

How long will a FELA lawsuit take?

Many factors can impact the length of time required to resolve a FELA case. For example, whether the case is filed in a state or federal employers’ court, the amount of time that is required between the time an injury occurs and when the lawsuit is filed and other specific aspects of the case can impact the length of time it takes to get an agreement. Your attorney can help you estimate the time required to process your FELA claim to be processed.

The speed at which you gather medical evidence to support your injury claim could affect the length of a FELA lawsuit. This is a significant factor for your case because it can help you receive the maximum amount of compensation that you are entitled to. In some cases in the event that you fail to get medical proof promptly the claim could be barred by the statute of limitations.

The final factor that can influence the length of a FELA lawsuit is how quickly your employer and you can come to a fair settlement. In some cases both you and your lawyer could be able to settle your FELA case without going to court. This can be accomplished by using alternative dispute resolution methods like mediation or negotiated settlements, arbitration or mandatory settlement conferences.

Some employees may be concerned that filing a FELA claim could negatively impact their relationship with their employer. It is important to know that FELA does not permit employers to retaliate against employees who make an FELA claim. FELA claims also bypass the limitations on benefits set forth by workers' compensation laws, allowing injured railroad workers to receive financial compensation for their suffering and pain.

Your attorney must draft a complaint before you can make a FELA suit. This document outlines the claims you have against your employer. After your attorney has filed the complaint, the defendant has the option of responding to the allegations and provide any defenses they may have. This can be a long process, since your lawyers will need to conduct thorough investigations of workplace safety practices and gather evidence to support of your claim.

What is the consequence if I don't win a settlement?

In FELA cases railroad workers injured in fela railroad accident lawyer cases are entitled to compensation for past, future and current medical costs, lost wages, suffering and pain. Since railroad workers typically earn much more than blue-collar workers in other industries, their fela railroad accident lawyer payouts tend to be higher. It is not uncommon to see FELA cases to settle for large sums of money.

The first step in filing a FELA lawsuit is to contact an experienced attorney. An attorney will evaluate the details of your accident and determine if you have a valid claim for damages. If you have a valid claim, your lawyer will assist you file the appropriate paperwork and conduct thorough investigations into the accident and your employer's response to your claim.

Your attorney will then submit an offer of damages to your company once the investigation is concluded. Your employer will then be able to agree to a settlement, or go ahead with the trial. Trials can be expensive and time-consuming, which is why the majority of FELA cases are settled before going to the courtroom.

During this time you and your attorney will gather medical documents and other evidence to highlight the severity of your injuries. Your lawyer will also look for witnesses who are willing to testify on your behalf. Additionally, you could decide to pursue legal financing which could offer you funds based on your projected settlement.

Pre-settlement Legal Funding does not require a credit check or review of your financial history. A pre-settlement funder will review your application and provide you with a quote detailing the terms and conditions of the loan. Accepting the quote could result in you receiving thousands of dollars prior to the closing of the case.

What happens if I don't win my case?

You could require medical treatment for a specific amount of time, depending on the degree of your injury. Your lawyer will gather evidence as you are waiting for a settlement, including medical records that show the extent of your injuries, as well as witness testimony to prove your claim. If necessary your lawyer can assist you obtain pre-settlement legal funds to cover ongoing treatment and living expenses while you await the final settlement.

A lot of FELA cases are settled before trial because both sides want to avoid costly and risky court actions. However, appeals can result in delays at different points in the case, and sometimes after a decision is made. In these cases you are able to reach out to an attorney who handles railroad injuries to get additional advice.

What happens if I lose my case?

Railroad workers who are injured typically receive a substantial amount of compensation from their employers, since they have a right to claim compensation for medical expenses, lost wages, and pain and suffering. In addition, railroad employees have a higher income than blue-collar workers and have an increased cost of living, which means they can be compensated for more significant economic damages.

However, it's important to realize that it could take some time to reach a settlement. This is because FELA lawsuits often involve several different steps, including litigation and discovery. Additionally, if one of the parties files an appeal, it could result in lengthy delays in the case.

During this period, the attorney can collect evidence, such as medical records as well as documents that show the extent of the injury. They can also look for witnesses to provide testimony on their behalf. If the injured worker requires financial assistance in this process, they may also seek financing options, like a legal financing loan prior to settlement.

A pre-settlement funder will look at the situation, as other aspects to determine what they are able to offer. This is different from a personal loan which requires a credit check and financial history. For more details on how to start, contact an experienced FELA claim lawyer today.