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How Long Do FELA Lawsuits Take to Process?

FELA lawsuits that have been in existence for more than a hundred years, have helped keep railroad workers safe at some of the most dangerous workplaces. FELA settlements and trial awards could include compensation for medical expenses as well as lost wages and pain and discomfort.

Contrary to cases involving workers' compensation, FELA allows for recovery of non-economic losses, like pain and suffering. This is why FELA cases are often awarded with large jury verdicts.

How long does a FELA lawsuit take?

Many factors can influence the time it takes to resolve an FELA case. The length of time to settle a case is influenced by a variety of factors such as whether the case was filed in federal court or state court, the amount of time that passed between the date of injury and filing of the lawsuit and other particulars specific to the case. Your attorney can provide an estimate of how long it will take to process your specific FELA claim.

Another factor that may impact the length of time a FELA case takes is how fast you can obtain medical evidence that supports your injury claim. This is a significant factor for your case because it can allow you to get the highest amount of compensation possible. In some cases, your claim could be denied if you fail to obtain medical evidence within a specified time.

The final aspect that can affect the duration of the FELA case is how quickly you and your employer negotiate a fair settlement. In certain cases both you and your lawyer could be able to settle your FELA case without going to court. This can be achieved by using alternative dispute resolution methods such as mediation, negotiated settlements, arbitration or mandatory settlement conferences.

Some workers may fear that filing a FELA claim could negatively impact their relationship with their employer. It is important to know that FELA does not permit employers to retaliate against employees who make an FELA claim. In addition, FELA claims bypass the limits on benefits set by workers' comp laws and allow railroad workers who are injured to recover monetary damages for pain and suffering.

To file a FELA lawsuit, your attorney must prepare an official complaint. This document details your rights against your employer. After your attorney has filed the complaint, the respondent has the option of responding to the claims and outline any defenses they might have. This could be a lengthy procedure as your lawyers need to conduct thorough investigation into workplace safety practices, and gather proof in support of your assertions.

What is the consequence if I don't win a settlement?

FELA cases allow railroad workers who are injured to seek compensation for future and past medical expenses, lost wages, and suffering and pain. Railroad workers earn more than other blue-collar workers in other industries. Thus, their FELA payouts are higher. This is why it is not unusual for the parties in a FELA case to settle for significant amounts of money.

Contacting an experienced attorney is the first step to filing an FELA suit. An attorney will review the circumstances surrounding your accident and determine whether you have a valid claim to damages. If you have a valid claim your lawyer will assist you prepare the proper paperwork and conduct thorough investigations into your accident and the response of your employer.

Your attorney will then submit an offer of damages to your company once the investigation is completed. Your employer will then be able to agree to a settlement, or go ahead with the trial. Trials are costly and time consuming, so most FELA cases are settled before reaching the court.

During this time you and your lawyer will take medical records and other evidence that highlight the extent of your injuries. Your lawyer will also search for witnesses who are willing to be able to testify on your behalf. fela lawyers can also opt to pursue legal financing which can offer funds in accordance with the settlement you expect.

Legal Funding for Pre-settlement does not require a credit check or review of your past financial history. A pre-settlement funding company will examine your application and give you a quote that outlines the terms and conditions of the loan. If you agree to the quote, you can receive thousands of dollars before the case is closed.

What is the outcome if I don't win my case?

Depending on the severity of your injury is, you may require medical attention for a while before you are able to settle. Your lawyer will gather evidence while you wait for a settlement including medical records that prove the severity of your injuries and testimony from witnesses to support your claim. If needed your lawyer can assist you get pre-settlement legal aid to pay for ongoing treatment and living expenses until you receive the final settlement.


Many FELA cases are settled before trial because both sides want to avoid costly and risky court proceedings. However, appeals can lead to delays in the case at different stages, and even after a verdict has been returned. In these situations you are able to contact an attorney who handles railroad injuries to get additional advice.

What happens if my case is lost?

Injured railroad employees receive a substantial settlement from their employer, since they are entitled to claim medical expenses, lost wages and pain and discomfort. In addition, railroad workers have a higher income than blue-collar employees, and have a higher cost of living, which means they can be compensated for more significant economic losses.

It is important to understand that a settlement can take some time. This is because FELA lawsuits often involve several different steps, including discovery and litigation. Furthermore, if one the parties file an appeal, this can cause long delays in the case.

During this period attorneys will be able to collect evidence such as medical records and documents which highlight the severity of the injury. They can also look for witnesses who will testify on their behalf. If the injured person requires additional financial support during this process, they may also seek financing options, including a legal loan prior to settlement.

A pre-settlement legal fund company analyzes the case as well as other aspects to determine how much they can provide in a loan. This is unlike the personal loan that requires the use of a credit report and an analysis of financial history. Talk to an FELA claim attorney today to learn more about how to get started.

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