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How Long Do FELA Lawsuits Take to Process? For more than a century, FELA lawsuits have helped keep railroad workers safe in some of the most dangerous workplaces. FELA settlements or trial awards may provide reimbursement for medical expenses, lost wages, and pain and suffering. Contrary to cases involving workers' compensation, FELA allows for recovery of non-economic damages like pain and suffering. This is why FELA cases typically result in significant jury verdicts. How long does a FELA lawsuit take? There are a myriad of factors that influence how long it takes to resolve an FELA claim. The time it takes to settle a case will depend on a variety of factors depending on whether the case was filed in a federal or 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 case. Your attorney can help you estimate the time it will take to process your FELA claim to be processed. The speed at which you can gather medical evidence to back your injury claim may also impact the length of a FELA lawsuit. This can be a crucial element in your case since it can allow you to get the most compensation you can get. In some cases when you fail to get medical proof promptly the claim could be barred by a statute of limitations. The final aspect that can affect the duration of the FELA case is how quickly you and your employer can reach an equitable settlement. In certain situations, your lawyer may be able to settle your FELA claim without going to trial. This can be accomplished by using alternative dispute resolution methods such as mediation or negotiated settlements, arbitration 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 be aware that FELA laws prohibit employers from retaliating against employees who submit a claim. FELA claims also bypass limitations on benefits provided by workers' compensation laws which allows railroad workers injured to receive financial compensation for their suffering and pain. To start a FELA lawsuit your lawyer must draft the complaint. The complaint outlines your rights against your employer. After your lawyer file the complaint, the company will be given the chance to respond and explain any defenses. This can be a long process, as your attorneys will have to conduct thorough investigations of workplace safety practices and gather evidence to support of your claim. What happens if I don't get an agreement? In FELA cases railroad workers who are injured can seek compensation for past, future and current medical costs, lost wages, suffering and pain. Because railroad workers generally earn much higher than blue-collar employees in other industries and professions, their FELA awards tend to be more substantial. It is not uncommon to see FELA cases to settle for large sums of money. The first step in filing the FELA lawsuit is to contact an experienced attorney. An attorney will examine the details of your accident to determine if you can claim damages. If you have a valid claim your lawyer will help you complete the necessary paperwork and conduct thorough investigation into the incident and the response of your employer to your claim. Once the investigation is complete, your attorney will send a claim for damages to your employer. Your employer can then accept a settlement or go through the process of an appeal. Trials can be costly and time-consuming, which is the reason most FELA cases are settled before going to the courtroom. During this time you and your attorney will gather medical records and other evidence that show the extent of your injuries. Your lawyer will also look for witnesses who are willing to provide testimony on your behalf. You may also decide to pursue legal financing, which can provide funds contingent on the settlement you're expecting. Legal Funding Presettlement does not require a credit check or a review of your previous financial history. After review of your application, a legal funding company can provide you with a quote that highlights the terms and conditions of your loan. If you agree to the quote you could be able to receive thousands of dollars before the case is closed. What happens if I don't win my case? fela case settlements could require medical treatment for a period of time, based on the degree 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 that can verify your claim. If necessary your lawyer can assist you obtain pre-settlement legal funds to pay for ongoing medical treatment and living expenses while you wait for the final settlement. Many FELA cases are settled before trial due to the fact that both sides wish to avoid costly and risky court proceedings. However, appeals can lead to delays at various points in the case, and sometimes even after a verdict is rendered. You can always reach out to a railroad injury lawyer to get more information about these situations. What happens if my case gets lost? Injured railroad employees receive a substantial settlement from their employers, since they have the right to claim medical expenses, lost wages as well as discomfort and pain. In addition, railroad workers make more than blue-collar workers and have a higher cost of living which means they are able to be compensated for more substantial economic losses. It is important to understand that a settlement can take a long time. This is because FELA lawsuits usually involve multiple interconnected steps like discovery and litigation. If one of the parties files a appeal, it can also result in lengthy delays. During this time, the attorney can gather evidence such as medical records and documents which highlight the severity of the injury. They may also search for witnesses who will testify on their behalf. If the injured worker 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 funding company will examine the case, as well as other factors to determine what they could offer. This is different from a personal loan that requires a credit assessment and financial history. Speak to an FELA claim attorney today for more information on how to begin.