How is my claim processed?
Do I need to meet with my attorney in person?
How long will it take to process my claim?
Will I have to go to trial?
How will I be compensated?
How often can I expect to hear from my attorney?
The first step in reviewing a claim is to get the details of your particular case. Then we are better able to determine if we can accept your potential claim for review.
If your potential claim is accepted for review, we will then need to gather more details and ensure that we are able to document and prove the critical elements of your claim. With defective medical devices or pharmaceutical products, this process generally includes ordering your medical records and documenting that the defective medical device, pharmaceutical product, or other agent is the cause of your injury. It might also include ordering and reviewing accident reports and other documents.
We will then have your claim reviewed by our medical staff. This is initially performed by our nurses and is often referred to a specialized team of expert medical doctors, which has been assembled for each type of claim. In virtually every case, the medical doctors are the leading experts who have published in the area in question and are considered to be the leading experts in their respective fields.
We get to know each and every client on a personal basis. If we accept your case, we then decide the best way in which to handle your claim. We make a decision for the best avenue for your particular situation.
While we have settled cases within a class action setting, the overwhelming percentage of our cases are resolved outside of class-action claims/lawsuits/settlement plans. When it is advantageous to you, we prefer to handle your claim outside of the class action, as it permits us to settle your claim on the individual merits of your case rather than subjecting your claim to the confines of a class-action suit.
Do I need to meet with my attorney in person?
Yes, at some point in the process, you will meet with your attorney. We consult with each client to obtain their approval for the manner in which we choose to pursue their claim. We will arrange to meet with you at the appropriate time to get to know you better and to determine the specifics of your situation, which makes your case unique. Before each case is resolved, we discuss the merits of your case with you to ensure that the settlement is in your best interest. It is not, however, critical that we meet in person before we begin reviewing your claim. We can start reviewing your case before we meet with you.
How long will it take to process my claim?
Each and every case is different and requires different handling. The legal system is unpredictable and can sometimes take a long time. Different companies behave differently For this reason, it is difficult to estimate how long it might take to process your claim. In certain cases where we choose to pursue settlements outside of the various classes which have been set up (these are known as opt-out cases), we have been able to settle cases within six months of the date of opt-out. We find this particularly advantageous when the defendant manufacturers face economic uncertainty. We are aware of certain class action situations which have continued for over ten years. In the Dow Corning breast-implant bankruptcy, certain claims remained unresolved after ten years of litigation.
A great percentage of our cases are resolved without going to trial. We generally prefer to approach each and every case as if it were going to trial. We feel that lawyers who are prepared consistently resolve their clients’ claims more favorably than those lawyers who set out to settle their clients’ claims before trial. We believe in conducting a thorough discovery, which includes exhaustive evaluation of the documents involved and extensive deposition of the parties. The cost for this thorough preparation is distributed among our clients with similar cases so as to minimize the expense in each individual case. In the event that you do have to go to trial, rest assured that we will be well prepared. We want you to feel comfortable that an overwhelming number of our cases are resolved without the necessity of client depositions and/or treating doctor depositions. Quite often, our experts who are knowledgeable in the specific field of a case might very well give testimony. This testimony is known as deposition.
Once your case has been investigated fully, your attorney may be better able to estimate what your claim is worth. Of course, the outcome cannot be guaranteed. Each and every case is different, and it is difficult to “predict” how much or how you might be compensated. We feel that the resolution of our cases has consistently been among the highest in the country. We’ve exceeded the national average and have been at the highest level for each type of claim for each case-specific injury for the general class of claim. We have consistently obtained the highest possible amount based on the culpability of the defendant and the specific injury that our client has sustained.
How often can I expect to hear from my attorney?
We will update you periodically and contact you when we have news for you. It is important that you keep us updated with your contact information and any changes in your medical condition. If you move or change your phone number or email address, please let us know right away. If we are not able to reach you, we will not be able to remain current on your claim.