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How Long Do FELA Lawsuits Take to Process? For more than 100 years, FELA lawsuits have helped keep railroad workers safe in some of the most dangerous work environments. FELA settlements and trial awards may include compensation for medical expenses as well as lost wages and pain and discomfort. Unlike workers' comp cases, FELA allows recovery of non-economic damages like pain and suffering. This is the reason FELA cases are typically rewarded with substantial jury verdicts. How long does a FELA case take? Many factors can influence the length of time required to resolve a FELA case. For example, whether the case is filed in federal or state court, how long is required between an injury and the time the lawsuit is filed, and other specifics of the case can impact the length of time it takes to receive a settlement. Your attorney can help you estimate the time required to process your FELA claim to be processed. Another factor that may impact the amount of time the duration of a FELA case is the speed at which you can get medical evidence to support your claim for injury. This can be a crucial factor for your case because it can help you receive the maximum amount of compensation you can get. In some cases in the event that you fail to obtain medical evidence in a timely manner, your claim may be barred by a statute of limitations. The final factor that could affect the length of the FELA case is how quickly you and your employer are able to reach a fair settlement. In some cases both you and your lawyer may be able settle your FELA case without having to go to court. This can be accomplished by using alternative dispute resolution methods like mediation or negotiated settlements, arbitration or mandatory settlement conferences. Some workers might be worried that filing a FELA claim could negatively impact their relationship with their employer. But, it is important to know that FELA laws prohibit employers from retaliating against employees who submit a claim. FELA claims also evade limitations on benefits set forth by the laws governing workers' compensation which allows railroad workers injured to receive compensation for their suffering and pain. Your attorney must draft a complaint prior to when you can file a FELA suit. This document details your rights against your employer. After your attorney submits the complaint, the employer will have the opportunity to respond and provide any defenses. This could be a lengthy process as your attorneys have to conduct thorough investigations into workplace safety practices and collect evidence to support your claims. What is the consequence if I don't win a settlement? In FELA cases, injured railroad workers can recover damages for past, future and current medical expenses, lost wages and suffering and pain. Because railroad workers generally earn significantly more than blue-collar workers in other industries so their FELA awards are typically more substantial. It is not unusual for FELA cases to settle for large amounts of money. The first step to file an FELA lawsuit is to reach out to an experienced attorney. An attorney will review the details of your accident to determine if you are able to make a claim for damages. If you have a valid case, your lawyer will assist you in completing the required paperwork and conducting thorough investigations into the incident 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 may then decide to settle the case, or go ahead with the trial. Trials can be costly and time-consuming, which is why most FELA cases end up being settled before they reach the courtroom. During this time, you and your attorney will take medical records as well as other evidence to show the severity of your injury. Your lawyer will also look for witnesses who can provide testimony on your behalf. In addition, you may decide to pursue legal financing which could provide you with money in accordance with the settlement you are planning to receive. Unlike personal loans from credit unions and banks, legal pre-settlement funding does not require an extensive credit check or analysis of your financial history. A pre-settlement funding company will review your application and offer you a quotation highlighting the terms and conditions of the loan. The decision to accept the quote could result in you receiving thousands of dollars before the case is concluded. What happens when I lose my case? Depending on how serious your injury is, you may require medical treatment for some time before you can settle. Your lawyer will gather evidence as you are waiting for a settlement, including medical records that demonstrate the severity of your injuries as well as testimony from witnesses to validate your claim. Your lawyer might be able to help you obtain pre-settlement funds to cover your ongoing treatment and living expenses while you wait for a complete settlement. A lot of FELA cases settle before going to trial, as both sides are often motivated to avoid expensive and risky court proceedings. However, appeals can lead to delays at various points in the case, and often after a decision is made. You can always contact a railroad injury lawyer for more information in these cases. What happens when I lose my case? Injured railroad employees receive a large settlement from their employer, since they are entitled to claim for medical expenses, lost wages and pain and discomfort. In fela settlements , railroad employees make more than blue-collar employees, and have an increased cost of living, which means they can be compensated for more substantial economic losses. It's important to recognize that a settlement may take a long time. This is due to the fact that FELA cases often have several different steps that are interspersed, like litigation and discovery. If one of the parties files an appeal, it can also result in long delays. During this time, the attorney can gather evidence such as medical records and other documents that show the severity of the injury. They can also look for witnesses to be witnesses on their behalf. If the injured person requires additional financial support during this procedure, he or she could also look into financing options, like a legal loan prior to settlement. A pre-settlement funder will look at the situation, as as other factors, to determine what they could provide. This is different from the personal loan which requires the use of a credit report and an analysis of financial background. For more details on how you can get started, speak with an experienced FELA claim lawyer today.