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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 dangerous work environments. FELA settlements or trial awards can include the payment of medical expenses, lost wages, pain and suffering.

Unlike workers' compensation cases, FELA allows for recovery of non-economic damages, such as pain and suffering. This is the reason FELA cases are typically recognized with significant jury verdicts.

How long will a fela lawsuit settlements lawsuit take?

There are a myriad of variables that determine how long it takes to process the FELA claim. For example whether the case is filed in federal employers’ or state court, how much time is between an injury and the time the lawsuit is filed, and other specifics of the case can impact the length of time required to reach an agreement. Your attorney can give you an estimate of the time it will take to settle your particular FELA claim.

Another aspect that could affect the length of time a FELA case will be determined by how fast you can obtain medical evidence that supports your claim for injury. This is a significant factor for your case because it will allow you to receive the maximum amount of compensation possible. In certain situations when you fail to receive medical evidence promptly, your claim may be denied due to a statute of limitations.

The final factor that could affect the length of a FELA case is how quickly you and your employer negotiate an acceptable settlement. In some instances your lawyer might be capable of settling your FELA claim without having to go to trial. This is possible through alternative dispute resolution techniques such as mediation or negotiated agreements, arbitration or mandatory settlement conferences.

Some workers may be concerned about whether filing a FELA complaint will negatively impact their relationship to their employer. It is important to remember that FELA prohibits employers from retaliating against employees who submit a FELA claim. FELA claims also evade limitations on benefits set forth by workers' compensation laws which allow railroad workers who are injured to receive monetary damages for their suffering and pain.

To make a FELA lawsuit, your attorney must prepare a complaint. This document outlines your claims against your employer. Once your attorney has filed the complaint, the party who is responding has the opportunity to respond to the allegations and outline any defenses they may have. This can be a long process, as your attorneys will have to conduct thorough investigations into workplace safety practices and gather evidence to support of your claim.

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

FELA cases allow injured railroad workers to recover damages for medical expenses, lost wages and suffering. Railroad workers earn more than other blue-collar workers from other industries. This means that their FELA payouts are more. It is not unusual for FELA cases to settle for large amounts of money.

The first step to file an FELA lawsuit is to reach out to an experienced attorney. An attorney will review the circumstances surrounding your accident and determine if you have a valid claim for damages. If you have a valid case your lawyer will assist you in filing the necessary paperwork and conducting thorough investigations into the accident and your employer's response to your claim.

Once the investigation is complete, your attorney will make a claim for damages to your employer. Your employer will then either agree to a settlement, or go through the process of an appeal. Trials can be costly and time-consuming, which is why most FELA cases are settled before going to the courtroom.

During this period you and your attorney will gather medical records and other evidence that show the severity of your injuries. Your lawyer will also search for witnesses who are willing to testify in your behalf. You could also choose to pursue legal financing which will provide funds contingent on the settlement you expect.

Pre-settlement Legal Funding does not require an assessment of your credit score or a review of your previous financial history. After review of your application, a legal funding company will give you a quotation that highlights the conditions and terms of your loan. The decision to accept the quote could result in you receiving thousands of dollars prior to the closing of the case.

What happens if I lose my case?

You may require medical treatment for a period of time, based on the severity of your injury. While you wait for a resolution your lawyer will gather evidence, such as medical records that demonstrate the severity of your injury and testimony from witnesses who can confirm your claim. Your lawyer may be able to assist you get pre-settlement funding to cover your ongoing medical treatment and living expenses while you wait for a complete settlement.

Many FELA cases settle prior to trial, since both sides are often driven by the desire to avoid costly and risky court proceedings. However, appeals may cause delays in the case at different stages, and sometimes even after the verdict has been delivered. In these instances you are able to contact a railroad injury attorney for additional guidance.

What happens if my case is lost?

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

It's important to realize that a settlement may take a long time. This is due to the fact that FELA lawsuits typically involve a number of overlapping steps such as discovery and litigation. In addition, if one of the parties files an appeal, it could cause lengthy delays in the case.

During this time, the attorney can gather evidence such as medical records as well as documents that show the extent of the injury. They can also search for witnesses to be witnesses on their behalf. If the injured worker requires financial assistance during this process, they can pursue financing options such as the pre-settlement legal financing loan.

A pre-settlement funder will look at the situation, as other elements to determine what they are able to provide. This is unlike a personal loan which requires a credit check and review of financial history. Speak to a FELA claim attorney today to learn more about how to get started.