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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 can include the payment of medical expenses, lost wages, pain and suffering. In contrast to workers' compensation cases, FELA allows for recovery of non-economic damages, such as pain and suffering. This is the reason FELA cases usually result in large verdicts by juries. How long will a FELA case take? Numerous factors can affect the length of time required to settle an FELA case. For instance, whether the case is filed in a federal or state court, how much time is required between an injury and the time the lawsuit is filed, and other specifics of the case could affect the length of time it takes to get a settlement. Your attorney can provide an estimate of how long it will take to complete your particular FELA claim. Another aspect that could affect the time frame a FELA case takes is the speed at which you can get medical evidence that supports your claim for injury. This can be an important aspect in your case since it will allow you to get the maximum amount of compensation. In some cases when you fail to obtain medical evidence promptly the claim could be denied due to a statute of limitations. The final factor that could determine the duration of a FELA case is the speed at which you and your employer can come to a fair settlement. In some instances your lawyer might be capable of settling your FELA claim without having to go to trial. This is possible through alternative dispute resolution options such as mediation, negotiated settlements, arbitration or mandatory settlement conferences. Some workers might be worried that filing a FELA claim will negatively impact their relationship with their employer. However, it is important to know that FELA laws prohibit employers from taking retaliatory action against employees who make claims. FELA claims also bypass the limitations on benefits provided by workers' compensation laws, allowing injured railroad workers to receive monetary damages for their suffering and pain. Your attorney must draft a complaint prior to when you can file a FELA suit. The complaint outlines the allegations you have against your employer. After your lawyer has filed the complaint, the respondent is able to respond to the claims and outline any defenses they might have. This could be a lengthy procedure, as your attorney will need to conduct thorough investigations of workplace safety practices and gather evidence to support of your claim. What is the outcome if I don't receive a settlement proposal? FELA cases allow railroad workers who are injured to recover damages for past and future medical expenses, lost wages 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 an FELA case to settle for significant amounts of money. The first step to file the FELA lawsuit is to contact an experienced attorney. An attorney will review the circumstances surrounding your accident and determine whether you have a valid claim for damages. If you have a valid claim the lawyer will assist you in completing the necessary paperwork and conducting thorough investigations into the incident and employer's reaction to your claim. Your lawyer will then file an offer of damages to your company after the investigation has been completed. Your employer can then agree to a settlement, or proceed to a trial. Trials can be costly and time-consuming, which is why the majority of FELA cases settle before they get to court. During fela claims and your attorney will gather medical records, as well as other evidence to demonstrate the severity of your injury. Your lawyer will also search for witnesses who are willing to be witnesses on your behalf. You could also choose to pursue legal financing which can offer funds based on the settlement you expect. Unlike personal loans from credit unions and banks pre-settlement legal financing does not require an extensive credit check or a review of your financial history. After review of your application, a legal funding company will provide you with a quote which outlines the terms and conditions of your loan. Accepting the quote could result in you receiving a large sum of money before the case is closed. What happens if I don't win my case? Depending on how severe your injury is, you may require medical attention for a time before you can settle. Your lawyer will collect evidence as you wait for a settlement, including medical records that prove the extent of your injuries, as well as testimony from witnesses to support your claim. If necessary your lawyer can assist you get pre-settlement legal aid to pay for ongoing medical treatment and living expenses until you receive the final settlement. Many FELA cases are settled before trial due to the fact that both sides want to avoid costly and risky court actions. However, appeals can cause delays in the case at various stages, and sometimes after a verdict has been returned. In these situations, you can always seek out an attorney who handles railroad injuries to get additional advice. What happens if I lose my case? Railroad workers who are injured typically receive an extensive settlement from their employers, because they have a right to make claims for medical expenses, lost wages and suffering. Additionally, railroad workers have a higher income than blue-collar employees, and have higher costs of living and therefore can be compensated for more significant economic damages. It is important to realize that it can take some time to reach a settlement. This is because FELA lawsuits usually involve multiple different steps, including litigation and discovery. If one of the parties files an appeal, it can also cause lengthy delays. During this period, the attorney can collect evidence, such as medical records and documents which highlight the severity of the injury. They can also seek out witnesses who will testify in their behalf. If the person who was injured requires financial assistance in this procedure, he or she may also seek financing options, including a legal loan prior to settlement. A pre-settlement funding company will review the situation, as as other factors to determine what they are able to offer. This differs from a personal loan which requires the use of a credit report and an analysis of financial background. For more details on how to get started, speak with a skilled FELA claim lawyer today.