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How long do I have before I have to file a lawsuit?


A: You have three years from the date of the incident to file an FELA lawsuit. However, it is always important to consider whether entities other than the railroad contributed to the cause of the injury. For example, a defective product may contribute to an injury, which may give rise to a product liability suit against the manufacturer. Or, the injury may occur while being transported in a vehicle owned and operated by another company retained by the railroad. In these circumstances, and many others, a different, and likely shorter statute of limitations may apply to those defendants. To further complicate matters, these limitation periods vary from state to state. It is important to determine what situation applies to your case. Additionally, from a practical standpoint, it is generally not recommended that you wait too long before filing your lawsuit. People have a tendency to forget things over time. The sooner after the incident a lawsuit is filed, the sharper your memory, and the memory of any witnesses, will be.