Answers to your questions
Our lawyers provide answers to your frequently asked questions. Contact us if you have other questions or would like a free consultation.
How much is my case worth?
This is a question that we get asked quite often by potential clients. Everyone wants to know whether it’s worth their time pursuing a potential claim. Given our experience handling medical device and prescription drug cases, we are often able to provide prospective clients with a sense of the potential value of their individual case. Our recommendation is based on similar cases we have handled and successfully resolved in the past and given with the caveat that no two cases are the same and our prior successes do not guarantee similar future results.
What is the statute of limitations in my case?
The applicable statute of limitations in an individual case depends on a variety of factors including but not limited to where you currently reside, where you resided at the time of your injury, where you received treatment for your injuries and where the defendant or defendants are located. The statute of limitations may differ depending on the available causes of action that can be asserted against a defendant. The statute of limitations may also differ from state to state.
What is true in most cases is that by the time we first speak with a prospective client the statute of limitations has already begun to run. Therefore, do not wait to contact a lawyer about a potential claim. The sooner you can gather the relevant facts about your case including the statute of limitations the better position you will be in to make a decision about whether or not to pursue a claim.
How much will it cost for FLG to evaluate my case?
Nothing. Our firm handles all cases on a contingency fee basis meaning you will never owe us any money out-of-pocket. We are only paid attorney fees and reimbursed for any costs we advance on a clients’ behalf if we are successful in obtaining recovery for a client.
What expenses will be incurred pursuing my case?
The answer to this question differs from case to case. The types of expenses we often advance in a medical device or prescription drug case can include but are not necessarily limited to: court filing fees or costs; fees for serving documents on defendants and witnesses; fees to obtain copies of medical, pharmacy, employment, billing or other records; record collection company charges; costs of taking depositions; overnight delivery charges; postage; document messenger services; expert witness fees; case investigator costs; court reporter fees; travel expenses and photocopying.
Because our firm advances all costs on our clients’ behalf, we strive to keep our expenses as low as possible while spending any sums necessary to aggressively prosecute a client’s case.
Before a case is ever resolved, a client is provided and approves a breakdown of all the expenditures advanced in the case.
What if I cannot travel to your office to meet?
Many clients want to meet their attorney face-to-face. If you wish to meet in person but are unable to travel to our office, we are often able to come meet with you at your home or another location near you. However, we are also typically able to handle initial communications with prospective clients via phone calls, teleconference, email, and written correspondence. This can speed up the processing and evaluation of an individual case depending on our caseload and travel availability.
Does FLG represent clients in my home state?
Yes. Our lawyers handle cases nationwide and have represented clients in 48 of the 50 U.S. states.
If my lawsuit is successful, what type of compensation can I receive?
This is another question whose answer differs from case to case depending on a variety of factors including but not limited to the injuries suffered, insurance coverage, and whether and how the case is settled or tried to verdict. Some of the kinds of compensation that can be recovered in an individual injury case include pain and suffering, past medical bills, future medical treatment, lost wages, loss of earning capacity, loss of enjoyment or quality of life, emotional distress, loss of consortium, wrongful death, and punitive damages.
How will I stay updated on the progress of my case?
Our firm strives to keep clients updated on all major developments in their individual case. We utilize a variety of means to keep clients apprised of the status of their case including letters, emails, phone calls, newsletters, website updates, and blog entries.
Does the FDA test medical devices or prescriptions before approving them?
The short answer is no.
Contrary to popular belief, the FDA is not a laboratory that independently conducts clinical trials on medications and medical devices before approving the products for sale to patients. The FDA actually lacks the authority to require manufacturers to test patients and actively investigate the safety of a drug. It is the responsibility of the company seeking approval to market a drug to conduct laboratory and animal tests on the safety and efficacy of a proposed new drug or device and then to submit that information to the FDA for review.
What the FDA does do is review document submissions made to the agency by these companies. The FDA’s review, therefore, is limited to what information is shared with the agency by the manufacturer. The information that is shared and the way it is presented to the FDA is controlled by the manufacturers. While the term “FDA-approved” grants authority and trust to a medication or device and for this reason is often used in advertising by a drug or device manufacturer, it probably does not mean what you think it means.
Can I get copies of my medical records from your office?
Yes. Let us know if you ever need your medical records for any personal, medical, or legal reasons. We would be happy to send them to you.
What is a “Mass Tort”?
A “mass tort” is a type of case involving an injury from a common product or event that has occurred to a group of people rather than just one individual. For instance, a mass tort could involve a chemical spill that impacts the property and health of an entire surrounding neighborhood or an airline disaster that affects hundreds of individuals and families. A mass tort may also involve a hip implant that has failed in a similar way in many individuals causing injury and requiring revision surgery.
What is a multi-district litigation (“MDL”)?
The federal court system promotes cost and time saving by coordinating certain cases so they can be heard together. The decision about whether cases should be joined together or not is made by the Judicial Panel on Multidistrict Litigation (“JPML”).
When cases are grouped together, the resulting centralized litigation is called a multi-district litigation (“MDL”). Anytime an MDL is created, all Plaintiffs who file similar lawsuits in the federal court system will be consolidated and grouped with the other lawsuits filed in federal court.