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How Long Do FELA Lawsuits Take to Process?

FELA lawsuits, which have been around for more than 100 years, have helped keep railroad workers safe in some of the most dangerous places of work. FELA settlements or trial awards may provide reimbursement for medical expenses, lost wages, pain and suffering.

Unlike workers’ compensation cases, FELA allows for recovery of non-economic damages like pain and suffering. This is why FELA cases are often awarded with large jury verdicts.

How long will a FELA case take?

There are many variables that determine how long it takes to resolve a FELA claim. The time required to settle a case can be affected by many factors depending on whether the case was filed in federal court or state court, the length of time that passed between the time of injury and the filing of the lawsuit and other specifics to the case. Your attorney can help you estimate the amount of time it will take for your FELA claim to be processed.

The speed at which you gather medical evidence to back your claim for AccidentInjuryLawyers injury could affect the length of a FELA lawsuit. This could be an important factor in your case, as it can help you get the maximum compensation. In some cases in the event that you fail to receive medical evidence in a timely manner your claim could be barred by a statute of limitations.

The final factor that could affect the length of a FELA case is the speed at which you and your employer reach an acceptable settlement. In certain situations your lawyer might be capable of settling your FELA claim without having to go to trial. This is possible by using alternative dispute resolution methods like mediation, negotiated agreements, arbitration, or mandatory settlement conferences.

Some employees may be concerned that filing a FELA claim will negatively impact their relationship with their employer. It is important to note that FELA prohibits employers from retaliating towards employees who make a FELA claim. FELA claims also bypass the limitations on benefits provided by workers’ compensation laws, allowing injured railroad workers to receive compensation for their suffering and pain.

To start a FELA lawsuit your lawyer must draft an official complaint. The complaint outlines your rights against your employer. After your lawyer has filed the complaint, the defendant has the option of responding to the allegations and provide any defenses they may have. This can be a long process as your attorneys must conduct thorough investigations into workplace safety practices and gather evidence to support your assertions.

What is the outcome if I don’t get a settlement offer?

In FELA cases, injured railroad workers can recover damages for past, future, and current medical expenses, lost wages and the pain and suffering. Railroad workers are paid more than blue-collar workers from other industries. Therefore, their FELA payouts are more. This is why it is not uncommon to see the parties in a FELA case to settle for substantial amounts of money.

A professional attorney is the first step to filing a FELA suit. An attorney will review the details of your accident and determine if you have a valid claim to damages. If you have a valid claim the lawyer will assist you in completing the necessary paperwork and conducting thorough investigations into the accident and employer’s reaction to your claim.

After the investigation has been completed the attorney will then make a claim for damages to your employer. Your employer will then either agree to a settlement, or go through the process of a trial. Trials can be costly and lengthy, which is why the majority of FELA cases are settled before going to the courtroom.

During this period, you and your attorney will take medical records, as well as other evidence to show the severity of your injuries. Your lawyer will also look for witnesses who can be witnesses on your behalf. You can also opt to pursue legal financing, which can provide funds contingent on the settlement you’re hoping to receive.

Unlike personal loans from banks and credit unions, legal pre-settlement funding does not require an extensive credit check or review of your financial history. After looking over your application, a pre-settlement legal financing company will give you a quotation that outlines 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 don’t win my case?

Depending on how severe your injury is, you may need to undergo medical treatment for a time before you are able to settle. While you are waiting for a resolution, your lawyer will collect evidence, such as medical records that show the extent of your injury as well as evidence from witnesses who can confirm your claim. Your lawyer may be able to help you receive pre-settlement financing to cover your ongoing treatment and living costs while you wait for a full settlement.

Many FELA cases settle prior to trial, because both sides are usually driven by the desire to avoid costly and risky court proceedings. However, appeals may cause delays in the case at different stages, and even after the verdict has been handed down. In these cases you are able to contact a railroad injury attorney for further advice.

What happens If I lose my case?

Injured railroad workers typically receive a substantial amount of compensation from their employers, because they are entitled to claim compensation for medical expenses, lost wages and suffering 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 damages.

It’s important to realize that settling a case can take some time. This is because FELA cases usually involve multiple different steps that are interspersed, like litigation and discovery. Additionally, if one of the parties files an appeal, this can cause long delays in the case.

During this period, the attorney can gather evidence like medical records and documents that highlight the severity of the injury. They can also look for witnesses who will testify on their behalf. If the injured worker requires financial assistance during this process, they can explore financing options, such as an advance settlement legal funding loan.

A legal funding company that is pre-settlement looks at the case along with other factors to determine how much they can offer in a loan. This differs from a personal loan which requires a credit review and financial history. For more details on how to get started, speak with a skilled FELA claim lawyer today.