Does it cost anything to find out if I have a claim?
No. We offer free, no–obligation consultations 24/7.
What does it cost to hire your firm?
We represent our clients on a contingency fee basis. This means that you pay no attorney fees unless we win your claim. If we are unable to successfully resolve your claim, you are not obligated to pay attorneys’ fees.
What is a mass tort? What is a class action?
A mass tort is a civil action whereby each person represented has his/her own individual claim against the manufacturer for their own distinct damages because the nature and extent of injuries are separate and distinct. Claim settlements are negotiated considering the facts of each individual case to ensure compensation to the degree of damages suffered. Damages typically include such things as pain and suffering, loss of enjoyment of life, loss of consortium, medical expenses, wage loss and more.
We are often asked what the difference is between a mass tort and a class action. In a class action, all plaintiffs have the same or similar damages. An example would be consumers who purchased the same defective product, such as a washing machine with a defective part. A class action will bring thousands of victims together and aggregate claims where it may be impractical to efficiently pursue claims individually.
What is a defective product lawsuit?
A defective product (or device) lawsuit is a lawsuit against the product manufacturer alleging a defect in manufacturing, design, inadequate warnings or deceptive marketing practices. If you have been injured or suffered damages because of a defective product, compensation may be available from the manufacturer through a lawsuit.
Sometimes a manufacturer will try to deny that anything is wrong with their product when actually a recall is in order. Unfortunately, this can leave thousands of consumers at risk of injury or even death. We do not believe manufacturers create products intending to hurt people. In most cases, it is an issue of improper testing or inconclusive research before product design.
What is a defective drug lawsuit?
A defective drug lawsuit is a lawsuit against the drug manufacturer alleging insufficient warnings or improper testing of the medication before it was released to the public. The law allows for remedies when someone has been injured in this way and often times the injuries suffered are more significant than what led the person to take the medication in the first place. Manufacturers are required by law to test products and make sure they are safe. They are also required to adequately warn people of any risks or potential side effects they may experience by taking the drug. If the drug manufacturer fails to do this, they are liable for the injuries suffered because they neglected their duties.
What do I need to do to prove I was injured by a defective product or drug?
Evidence of your injury will be required and what will be required will be specific to your case, however, you will need to be able to prove that you were injured (not almost injured) or suffered some other kind of loss due to using the product or drug. As well, that you were using the product or drug as it was intended to be used.
What is consumer fraud?
There are laws in place intended to protect consumers from hazardous or falsely marketed products. When a company, individual or organization violates these laws, consumer fraud has occurred. Consumer fraud is defined as “deceptive practices that result in financial or other losses for consumers in the course of seemingly legitimate business transactions.”
Anyone can become a victim of fraud because it can be defined as simply as paying a higher price for something to more serious matters such as identity theft, IRS tax scams, data breach, credit card scams, investment scams, etc.
How long will it take to receive compensation for my injuries?
Mass tort resolutions have begun to take longer than they used to. So, whereas it may have taken 12, 24 or 36 months in the earlier part of mass tort history to conclude a case, it can now take anywhere from 4 to 7 years.
How much compensation will I receive?
In a mass tort, a damage award is intended to make the plaintiff “whole” from a monetary standpoint and will take into consideration the degree of each victims suffering separately. Such things as medical treatment, wage loss, pain and suffering, emotional distress, loss of enjoyment and loss of consortium will all be evaluated in determining how much money a victim may receive.
In a class action, everyone who participates shares an equal percentage of the damage award. If all of the victims cannot be identified, a fund may be made available for people who come forward later. Sometimes creative solutions are allowed in class action settlements such as a free service or item for everyone who was affected. An example of this may be free credit monitoring services for all people subjected to a data breach.
How often will I hear from you throughout this process?
There can be long periods of time when it may seem like nothing is being done on your case but that doesn’t mean we aren’t working on it. It just means we don’t need anything from you. We will reach out to you promptly when we need to speak with you. The best thing you can do to help your case progress is to return phone calls right away or gather any documentation requested as soon as possible. It is also very important to let us know at any time if you have a new address or phone number.
Will I have to go to trial?
Probably not. In many cases, we have to file lawsuits in mass torts, but most individual cases do not go to trial. If we do, it will be something called a “bellwether trial”, which is a test case. In that scenario, we choose one or a handful of cases to go to trial and the results of that trial will shape the process and ascertain value for settlement purposes. The likelihood of your case being chosen for a bellwether trial is not very high.
What is the statute of limitations?
This is a time period dictating when legal action can and cannot be taken. Different states may have different time frames that will allow a claim to be filed or not. If you do not file in time, your case will not be heard and you will not be able to recover any damages for your injuries, even if you have a good case. Sometimes the clock starts running on the date you were injured but sometimes the clock starts when the injury is discovered or should have been discovered. When a defective drug has caused the injury, you may not even realize you were injured for months or even years after the injury occurred so these time frames will make a difference in whether you will be able to file a claim or not.
Why should I choose your law firm?
Hiring an experienced attorney will be vital in making sure that you receive the most compensation for your injuries. We have been holding pharmaceutical companies responsible and protecting victims’ rights for over 30 years. We have recovered over $1 billion dollars for injured consumers. Our attorneys are experienced, trusted and aggressive. Our history in dealing with these types of claims has allowed us to take leadership roles in many national defective drug and device litigations. Please feel free to visit our about us page our attorney page to learn more.