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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 workplaces. FELA settlements or trial awards may include the payment of medical expenses, lost wages, and suffering 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 are typically rewarded with substantial jury verdicts.

How long does a FELA lawsuit take?

There are a myriad of factors that affect the length of time it takes to settle the FELA claim. The time it takes to settle a case is influenced by a variety of factors depending on whether the case was filed in a federal employers’ court or a state court, the amount of time between the time of injury and the filing of the lawsuit and other particulars specific to the particular case. Your lawyer can provide you with an estimate of how long it will take to settle your specific FELA claim.

Another factor that may impact the time frame a FELA case will be determined by the speed in which you can gather medical evidence to support your claim for injury. This could be a crucial aspect in your case as it can help you get the most amount of compensation. In certain cases your claim may be denied if it isn't possible to obtain medical evidence within a specific timeframe.

The final aspect that can influence the duration of a FELA case is the speed at which you and your employer are able to reach an acceptable settlement. In some instances the lawyer and you might be able to settle your FELA case without going to court. This can be accomplished by using alternative dispute resolution methods like mediation arbitrage, negotiated agreements or mandatory settlement conferences.

Some employees may be concerned that filing a FELA claim could affect their relationship with their employer. However, it is important to know that FELA laws prohibit employers from taking retaliatory action against employees who submit a claim. FELA claims also bypass the limitations on benefits provided by the laws governing workers' compensation, allowing injured railroad workers to receive monetary damages for their suffering and pain.

Your attorney must draft a complaint prior to when you can make a FELA suit. The complaint outlines your rights against your employer. After your attorney has filed the complaint, the respondent has the opportunity to respond to the claims and outline any defenses they may have. This can be a lengthy process, since your lawyers will need to conduct thorough investigations of workplace safety practices and gather evidence to support of your claim.

What happens if I don't receive a settlement proposal?

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

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

After the investigation has been completed, your attorney will send a claim for damages to your employer. Your employer will either agree to a settlement or go through the process of a trial. Trials are costly and time-consuming, which is why the majority of FELA cases are settled prior to going to the court.

During this period you and your attorney will collect medical documents and other evidence to will demonstrate the severity of your injuries. Your lawyer will also look for witnesses that can testify on your behalf. You could also choose to pursue legal financing which will provide funds contingent on the settlement you're hoping to receive.

In contrast to personal loans from credit unions and banks, pre-settlement legal financing does not require a thorough credit check or a review of your financial history. After looking over your application, a pre-settlement legal financing company will provide you with a quote that outlines the conditions and terms of the loan. If you accept the offer you could be able to receive thousands of dollars before the case is closed.

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

Depending on the severity of your injury is, you may require medical treatment for some time before you are able to settle. 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 that can validate your claim. If necessary your lawyer can help 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 before going to trial, as both sides are often driven by the desire to avoid costly and risky court actions. However, appeals can lead to delays at different stages of the case, and sometimes even after a decision is made. It is always possible to contact a railroad injury lawyer to get more information about these cases.

What happens if my case gets lost?

Railroad employees who have been injured receive a large settlement from their employer, since they have the right to claim medical expenses, lost wages and discomfort and pain. In addition, railroad workers earn much more than blue-collar employees, and have an increased cost of living and therefore can be compensated for greater economic losses.

It is important to realize that it may take a long time to obtain a settlement. This is because FELA lawsuits typically involve a number of different steps, including litigation and discovery. If one of the parties files a appeal, it could cause long delays.

During this time, the attorney may gather evidence, including medical records and other documents which highlight the extent of the injury. They can also seek out witnesses to provide testimony on their behalf. If the injured person requires additional financial assistance during this process, he or she could also look into financing options, including a legal loan prior to settlement.

A pre-settlement legal fund company looks at the case as well as other factors to determine how much they can provide in the form of a loan. This differs from the personal loan, which requires an examination of credit and a review of financial background. Contact an FELA claim attorney today to learn more about how to start.