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How Long Do FELA Lawsuits Take to Process?

For more than a century, FELA lawsuits have helped to ensure the safety of railroad workers in some of the most dangerous work environments. FELA settlements and trial awards can include compensation for medical expenses, lost wages, and discomfort and pain.





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

How long will a FELA lawsuit take?

There are a myriad of variables that determine how long it takes to settle an FELA claim. The length of time to settle a claim will depend on a variety of factors depending on whether the case was filed in a federal court or a state court, the amount of time that passed between the time of injury and the filing of the lawsuit and other particulars specific to the case. Your attorney can help you estimate the amount of time it will take to process your FELA claim to be processed.

The speed at which you can gather medical evidence to back your claim for injury could impact the length of an FELA lawsuit. This is a significant factor for your case because it can allow you to get the most compensation you can get. In certain situations when you fail to get medical proof in a timely manner, your claim may be denied due to the statute of limitations.

fela railroad accidentinjurylawyers.claims that can determine the length of a FELA lawsuit is the speed at which your employer and you reach a fair deal. In some cases both you and your lawyer might be able to settle your FELA case without going to court. This can be done by using alternative dispute resolution methods such as mediation or negotiated agreements, arbitration or mandatory settlement conferences.

Some employees may be worried about whether filing a FELA complaint will negatively impact their relationship to their employer. It is important to note that FELA prevents employers from retaliating against employees who file a FELA claim. Additionally, FELA claims bypass the limitations on benefits imposed by workers' compensation laws and allow railroad workers who are injured to claim monetary compensation for pain and suffering.

Your attorney must draft a complaint prior to when you can start a FELA suit. The complaint outlines your rights against your employer. After your attorney file the complaint, the respondent will be given the chance to respond and provide any defenses. This can be a long procedure as your lawyers have to conduct thorough investigations into workplace safety practices, and gather proof in support of your claims.

What happens if I do not receive a settlement offer?

FELA cases allow railroad workers who are injured to claim compensation for past and future medical expenses, lost wages and suffering and pain. Since railroad workers typically earn significantly higher than blue-collar employees in other industries, their FELA awards tend to be higher. It is not uncommon to see FELA cases to settle for large amounts of money.

An experienced attorney should be the first step to filing an FELA suit. An attorney will review the details of your accident and determine whether you have a valid claim for damages. If you have a valid claim your lawyer will assist you prepare the proper paperwork and conduct thorough investigations into the incident and the response of your employer.

After the investigation has been completed your lawyer will send a claim for damages to your employer. Your employer will then be able to accept a settlement or pursue the trial. Trials can be costly and time-consuming, which is why the majority of FELA cases are settled before they reach court.

During this period you and your attorney will gather medical records, as well as other evidence to highlight the severity of your injury. Your lawyer will also search for witnesses who can provide testimony on your behalf. Additionally, you could decide to pursue legal funding which could offer you funds according to the estimated settlement.

Unlike personal loans from credit unions and banks pre-settlement legal funding does not require a thorough credit check or a review of your financial history. After reviewing your application, a pre-settlement legal funding company will offer you a quote that highlights the conditions and terms of your loan. If you accept the offer you could be able to receive thousands of dollars before your case has closed.

What happens if I don't succeed in my case?

You may need to receive medical treatment for a specific amount of time, based on the degree of your injury. Your lawyer will gather evidence as you wait for a settlement, including medical records that demonstrate the severity of your injuries as well as testimony from witnesses to support your claim. If needed your lawyer can assist you obtain pre-settlement legal funding to pay for ongoing medical treatment and living expenses while you await a full settlement.

Many FELA cases are settled prior to trial because both sides wish to avoid costly and risky court proceedings. However, appeals can cause delays in the case at different stages, and sometimes after a verdict has been returned. In these cases you are able to seek out an attorney representing railroad accidents for further advice.

What happens if I lose my case?

Railroad workers who are injured typically receive a substantial settlement from their employers, because they are entitled to claim compensation for medical expenses, lost wages and suffering. In addition, railroad workers earn much more than blue-collar workers and have an increased cost of living, which means they can be compensated for greater economic losses.

It is important to understand that a settlement may take some time. This is because FELA lawsuits often involve several interconnected steps like litigation and discovery. If one of the parties files a appeal, it could create lengthy delays.

During this time, attorneys may gather evidence, including medical records and documents which highlight the extent of the injury. They can also look for witnesses who will testify on their behalf. If the person who was injured requires financial assistance in this procedure, he or she could also look into financing options, like a legal funding loan before settlement.

A pre-settlement financing company will look at the case, as well as other factors to determine what they could provide. This differs from a personal loan, which requires a credit review and financial history. For more information on how to start, contact an experienced FELA claim lawyer today.