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How Long Do FELA Lawsuits Take to Process?

FELA lawsuits that have been in existence for more than a hundred years, have kept railroad workers safe at some of the most dangerous places of work. FELA settlements and trial awards can include compensation for medical expenses as well as lost wages and discomfort and pain.

Contrary to cases involving workers' compensation, FELA allows recovery of non-economic damages, such as pain and suffering. This is the reason FELA cases often result in significant verdicts by juries.

How long does a FELA lawsuit take?

There are a myriad of variables that determine how long it takes to resolve an FELA claim. The time required to settle a case is influenced by a variety of factors, including whether the case was filed in a federal employers’ court or a state court, the length of time that passed between the time of injury and the filing of the lawsuit, and other particulars specific to the particular case. Your attorney can give you an estimate of the time it will take to settle your particular FELA claim.

The speed at which you collect medical evidence to support your injury claim may also determine the duration of a FELA lawsuit. This could be a critical element in your case since it can allow you to get the highest amount of compensation that you are entitled to. In some cases in the event that you fail to get medical proof promptly, your claim may be barred by a statute of limitations.

The final factor that could affect the length of a FELA case is the speed at which you and your employer are able to negotiate an equitable settlement. In some instances, you and your lawyer could be able to settle your FELA case without going to court. This can be achieved through alternative dispute resolution options like mediation, negotiated settlements, arbitration or mandatory settlement conferences.

Some workers might be worried that filing a FELA complaint could affect the relationship they have with their employer. It is important to know that FELA does not permit employers to retaliate against employees who file an FELA claim. FELA claims also bypass the limitations on benefits provided by workers' compensation laws which allows railroad workers injured to receive financial compensation for their pain and suffering.

To make a FELA lawsuit the attorney you hire must prepare an official complaint. This document outlines your claims against your employer. After your attorney has filed the complaint, the respondent has the opportunity to respond to the allegations and outline any defenses they may have. This can be a lengthy process since your lawyers will need to conduct thorough investigations into workplace safety practices and collect evidence to support your claims.

What happens if I do not receive a settlement proposal?

FELA cases allow injured railroad workers to recover damages for past and future medical expenses, lost wages, and suffering. Since railroad workers typically earn much higher than blue-collar employees in other industries so their FELA payouts tend to be higher. It is not uncommon to see FELA cases to settle for large amounts of money.

The first step in filing the FELA lawsuit is to reach out to an experienced attorney. An attorney will review the details of your accident to determine whether you are eligible to file a claim for damages. If you have a valid case, your lawyer will assist you in completing the necessary paperwork and conducting thorough investigations into the accident and your employer's reaction to your claim.

After the investigation has been completed the attorney will then send a claim for damages to your employer. Your employer will then be able to decide to settle the case, or proceed with a trial. Trials are expensive and time consuming, so the majority of FELA cases are settled prior to going to court.

During this time the attorney and you will take medical records as well as other evidence to highlight the severity of your injury. Your lawyer will also look for witnesses who are willing to testify in your behalf. You may also decide to pursue legal financing, which can provide funds based on the settlement you're expecting.

Legal Funding Presettlement does not require a credit check or review of your previous financial history. A pre-settlement funder will review your application and give you a quote detailing the terms and conditions of the loan. If you agree to the quote, you can receive thousands of dollars before your case closes.

What happens if I lose my case?

You may require medical treatment for a period of time, depending on the extent of your injury. Your lawyer will collect evidence as you wait for a settlement including medical records that prove the severity of your injuries as well as witness testimony to prove your claim. If needed your lawyer can help you obtain pre-settlement legal funding to pay for ongoing treatment and living expenses until you receive the final settlement.

Many FELA cases settle prior to trial, because both sides are often driven by the desire to avoid costly and risky court action. However, appeals can result in delays at various points in the case, and sometimes even after a verdict is returned. In these cases you can always reach out to a railroad injury attorney for further advice.

What happens if my case gets lost?

Injured railroad workers typically receive a substantial amount of compensation from their federal employers, since they are entitled to claim compensation for medical expenses, lost wages, and suffering and pain. Railroad workers also earn more than blue-collar workers and have a greater cost of living. This means that they can be compensated more for economic damages.

It is important to realize that it could take some time to reach a settlement. This is due to the fact that FELA cases usually involve multiple different steps that are interspersed, like litigation and discovery. Furthermore, if one the parties files an appeal, this can cause long delays in the case.

During this period, the attorney can collect evidence, such as medical records as well as documents that show the severity of the injury. They can also search for witnesses to testify on their behalf. If the injured person requires additional financial assistance during this procedure, he or she could also look into financing options, like a legal funding loan before settlement.

A pre-settlement legal funding company examines the case as well as other factors to determine how much they can offer in a loan. This is different from a personal loan which requires a credit assessment and financial history. Contact an FELA claim attorney today for more information about how to get started.