We fit all the necessary requirements for the type of law firm that you want handling your claim. In addition, we are particular about the types of litigation that we handle and only take on cases that we believe have a strong foundation. We do not treat our clients like they are just a number and limit the amount of clients that we take so we can retain a personal one-on-one relationship with each one. We value our clients and aim to always make sure to walk them through the process and hold their hands every step of the way. In addition, we have had years of experience with federal MDL mass tort litigation, with a number of large, successful verdicts.
Primarily, you want a law firm that will work on a contingency basis, has experience with product liability claims and has worked on federal MDL mass tort litigation cases.
No, there is no formal claims office for IVC filters. The manufacturers are not admitting liability as of now and we will have to sue them for defective devices. An attorney is needed to file a lawsuit and prove causation between your IVC filter and any injuries you may have incurred.
If you should die before your claim is resolved, we can assist your next of kin (spouse/children) to open probate on your estate. The estate can continue with the claim and receive any award, if such is determined. To make the process easier, we recommend that you have a will to determine who should be the executor of the estate and how your estate should be divided.
If a patient died as a result of a complication from an IVC filter, there might be a wrongful death claim. Each state has a different statute of limitations for wrongful death, but most must occur within two years of the patient’s death. Generally the case is brought by the next of kin, usually the spouse or children. If there was no probate done, we can work with the family to do the necessary paperwork. We would need to review the medical records and specifics of the case to determine if we could bring a wrongful death claim.
The timeline for this type of litigation varies greatly. Some cases can resolve in a year, while others can last for over ten years. In general, these cases usually take about five to seven years to resolve.
With our firm, no decision is made without your participation. If a settlement is offered, we will advise you on how that settlement was determined and any pros or cons to accepting the offer.
Most MDL cases will settle out of court. There are generally some bellwether trials to determine liability and let both plaintiffs & defendants see how a trial would progress, but they often lead to settlements out of court. There is sometimes a formal claims office formed.
It will take up a great amount of time on the law firm’s part, but not of yours. In general, most of what is required of you for the litigation claim is filling out some paperwork and telephone conferences. We will walk you through the process and advise what is needed of you.
We would recommend that you would only use a firm that works on a contingency basis, as we do. That means that the firm only gets paid if you receive an award/settlement and would be paid out of that award. The law firm would front any of the litigation costs and fees.
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