Before you can file a federal ERISA lawsuit, you must first be sure to exhaust all other kinds of internal and administrative remedies to the issue. That is, the court could throw out your ERISA long-term disability or ERISA accidental death case if you do not first try to resolve your problem without litigation. Many legal experts and worker advocates believe that the ERISA exhaustion rule is unfair to the claimant, since exhausting all pre-litigation options can be extremely time-consuming and expensive. Because the details of ERISA law can prove complicated, it is always best to consult with an experienced a knowledgeable ERISA attorney if you believe you have a case.