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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 workplaces FELA settlements and trial awards may include compensation for medical expenses as well as lost wages and pain and discomfort In contrast to workers compensation cases FELA allows recovery of noneconomic damages like pain and suffering This is the reason FELA cases are typically recognized with significant jury verdicts How long will a FELA lawsuit take Numerous factors can affect the length of time required to settle an FELA case For instance whether the case is filed in a state or federal 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 can affect the length of time it takes to get an agreement Your attorney can give you an estimate of how long it will take to settle your particular FELA claim Another factor that may impact the amount of time the duration of a FELA case will be determined by the speed in which you can gather medical evidence to support your injury claim This is a significant factor for your case because it can help you receive the maximum amount of compensation you can get In certain cases your claim could be denied if it isnt possible to get medical proof within a specific timeframe The final factor that could affect the duration of a FELA case is how quickly you and your employer negotiate an equitable settlement In some instances your lawyer may be capable of settling your FELA claim without having to go to trial This can be done through alternative dispute resolution methods such as mediation or 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 submit a FELA claim In addition 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 file a FELA suit The document will outline the claims you have against your employer After your lawyer has filed the complaint the respondent has the opportunity to respond to the claims and outline any defenses they might have This can be a long procedure as your attorney must conduct thorough investigations into workplace safety practices and gather evidence to support of your claim What is the consequence if I dont win a settlement In FELA cases railroad workers injured in FELA cases can seek compensation for past future and current medical expenses lost wages and the pain and suffering Because railroad workers generally earn significantly more than bluecollar workers in other industries so their FELA awards are typically more substantial As a result it is not uncommon for 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 evaluate the circumstances surrounding your accident and determine whether you have a valid claim for damages If you have a valid claim your lawyer will assist you in completing the required paperwork and conducting thorough investigations into the accident and employers response to your claim Your attorney will then make an action for damages to your company after the investigation is completed Your employer will then either agree to a settlement or proceed to an appeal Trials can be costly and timeconsuming which is the reason the majority of FELA cases are settled before going to court During this time you and your attorney will gather medical records as well as other evidence to demonstrate the severity of your injuries Your lawyer will also look for witnesses who can testify in your behalf You may also decide to pursue legal financing which can provide funds based on the settlement youre hoping to receive In contrast to personal loans from banks and credit unions presettlement legal funding does not require an extensive credit check or analysis of your financial history A presettlement funding company will examine your application and give you a quote that outlines the terms and conditions of the loan If you accept the offer you could be able to receive thousands of dollars before your case closes What happens if I dont win my case You may require medical treatment for a period of time based on the degree of your injury While you wait for a resolution your lawyer will gather evidence such as medical records that demonstrate the extent of your injury as well as evidence from witnesses who can confirm your claim If needed your lawyer can assist you obtain presettlement legal funds to cover ongoing treatment and living expenses while you await an allinclusive settlement Many FELA cases settle prior to trial since both sides are usually driven to avoid costly and risky court action However appeals can lead to delays in the case at different stages and even after the verdict has been delivered You can always contact an attorney who handles railroad accidents for more information in these situations What happens when fela lawsuits lose my case Railroad employees who have been injured receive a large settlement from their employer as they are entitled to claim medical expenses lost wage as well as discomfort and pain In addition railroad employees earn much more than bluecollar workers and have an increased cost of living which means they can be compensated for more substantial economic losses However its important to recognize that it could take time to settle This is due to the fact that FELA cases often have several overlapping steps such as litigation and discovery If one of the parties files a appeal it could result in lengthy delays During this period attorneys can gather evidence such as medical records or documents that demonstrate the severity of injury They can also look for witnesses who can testify on their behalf If the injured worker requires additional financial assistance during this procedure he or she may also seek financing options such as a legal financing loan prior to settlement A legal funding company that is presettlement analyzes the case along with other aspects to determine how much they are able to offer in the form of a loan This differs from the personal loan that requires an examination of credit and a review of financial background Talk to an FELA claim attorney today for more details about how to start