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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 costs loss of wages, discomfort and pain.

Contrary to cases involving workers' compensation, FELA allows for recovery of non-economic losses, like pain and suffering. This is why FELA cases typically result in significant verdicts by juries.

How long will a FELA case take?

There are a variety of factors that affect the length of time it takes to process a FELA claim. For example whether the case is filed in a federal or state court, the amount of time that is required between an injury and the time the lawsuit is filed, and other specific details of the case could influence the time it takes to get an agreement. Your lawyer can provide you with an estimate of the time it will take to settle your specific FELA claim.

Another aspect that could affect the amount of time the duration of a FELA case takes is the speed in which you can gather medical evidence that supports your claim for injury. This can be a crucial element in your case since it will allow you to receive the most compensation possible. In certain situations, if you do not receive medical evidence promptly, your claim may be denied due to a statute of limitations.

The last element that can influence the duration of a FELA lawsuit is the speed at which your employer and you reach a fair agreement. In some instances the lawyer you choose to work with may be able to settle your FELA claim without having to go to trial. This is possible by using alternative dispute resolution methods such as mediation arbitrage, negotiated agreements, or mandatory settlement conferences.

Some employees may be concerned that filing a FELA claim could negatively impact their relationship with their employer. But, it is crucial to be aware that FELA laws prohibit employers from punishing employees who make claims. FELA claims also bypass limitations on benefits set forth by the laws governing workers' compensation which allow railroad workers who are injured to receive compensation for their pain and suffering.

Your attorney must draft a complaint before you can make a FELA suit. This document outlines the claims you have against your employer. Once your attorney has filed the complaint, the party who is responding is able to respond to the allegations and outline any defenses they might have. This could be a lengthy procedure, as your attorney will need to conduct thorough investigations into workplace safety practices and gather evidence to support of your claim.

What happens if I don't get an agreement?

FELA cases allow railroad workers injured by injuries to recover damages for future and past medical expenses, lost wages and suffering. Railroad workers earn more than other blue-collar employees in other industries. Thus, their FELA awards are higher. It is not unusual to see FELA cases to settle for large amounts of money.

An experienced attorney should be the first step in filing an FELA suit. An attorney will review the details of your accident to determine whether you are eligible to file a claim for damages. If fela claims railroad employees 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.

After the investigation is concluded, your attorney will send a claim for damages to your employer. Your employer will either accept a settlement or go through the process of an appeal. Trials can be costly and time consuming, so most FELA cases are settled prior to going to the court.

During this period you and your attorney will gather medical records and other evidence that show the seriousness of your injuries. Your lawyer will also look for witnesses who can provide testimony on your behalf. You can also opt to pursue legal financing, which can provide funds based on the settlement you expect.





Unlike personal loans from banks and credit unions, pre-settlement legal financing does not require a lengthy credit check or review of your financial history. After reviewing your application, a legal funding company will provide you with a quote that highlights the terms and conditions 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 win my case?

You may require medical treatment for a specific amount of time, based on the extent of your injury. While you wait for a resolution your lawyer will collect evidence, such as medical records that demonstrate the severity of your injuries and testimony from witnesses who can verify your claim. If needed your lawyer can assist you obtain pre-settlement legal funding to pay for ongoing treatment and living expenses while you await an all-inclusive settlement.

A lot of FELA cases settle prior to trial, as both sides are often driven to avoid costly and risky court action. However, appeals can result in delays at different stages of the case, and often after a decision is made. It is always possible to contact an attorney who handles railroad accidents for more information in these situations.

What happens if my case gets lost?

Railroad employees who are injured receive a substantial amount from their employer, as they are entitled to claim medical expenses, lost wages, and pain and discomfort. Additionally, railroad workers earn much more than blue-collar workers and have an increased cost of living which means they are able to be compensated for more significant economic losses.

However, it's important to realize that it could take some time to reach a settlement. This is because FELA cases often have several interconnected steps, including litigation and discovery. Furthermore, if one the parties files an appeal, this can result in long delays in the case.

During this time, attorneys may gather evidence, including medical records and documents that highlight the extent of the injury. They can also look for witnesses to provide testimony on their behalf. If the injured worker requires additional financial help during this process, they can pursue financing options such as the pre-settlement legal financing loan.

A pre-settlement funding company will review the case, as well other aspects, to determine what they could offer. This differs from a personal loan, which requires a credit review and financial history. Speak to a FELA claim attorney today to learn more about how to get started.