Questions For A Lawyer

In pursuing a claim against a large drug or medical device company, one of the most important steps is finding qualified legal counsel.  To ensure the case is handled properly, it is important to find an attorney who specializes in product liability litigation.  Questions to asks an attorney before agreeing to let him/her represent you should include:
  • Fees.  In many product liability cases attorneys do not charge a flat fee or an hourly rate.  Instead, he/she might charge a contingency fee (usually 30-40%) only if a settlement is reached or an award is recovered.  In addition, be sure to ask how expenses are handled and whether they are charged in addition to the contingency fee.  In the event that the attorney charges you a fee, understand what forms of payment are accepted (cash/credit card) and when payment is due.  Some attorneys require payments up front, while others allow payment in installments.
  • Qualifications.  Even if an attorney is licensed to practice in the state court system, he/she must apply separately to practice before the federal bar or in other states.  If your case is going to be heard in federal court or in a different state, you need an attorney who is member of appropriate bar or who has a good working relationship with a reliable local counsel admitted to that court system.  
  • Experience.  How long at attorney has been practicing the type of law for which you are seeking is important.  You should ask how many cases of this particular type the attorney has handled and what the outcome of those cases has been.
  • Support.  Bringing a product liability claim against a large, sophisticated corporation will involve complex medical, legal, and logistical issues.  Ask the attorney whether there is a dedicated support team (associates, paralegals, legal assistants, etc.) that will be assisting with the case and approximately how much of their time will be devoted to your case.  You should also understand how much of the work will be done by your attorney and how much will be done by others.
  • Communication.  You should ask the attorney how often he/she will be in contact with you and in what format (e.g., face-to-face meeting, phone call, mail or email).  If you more prefer frequent updates or communication in a different format, you should make that clear.  
  • Expectations.  Although a lawyer cannot predict the outcome of a case, he/she should be able to set reasonable expectations regarding the likelihood of success.  Understanding the outcomes of similar cases and how your case may differ can help define your expectations.

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If you have any questions about any potential claims your family may have or are interested in finding out about the existence of litigation pending for a particular drug, medical device, or other product, contact us and we will connect you with a qualified professional.  
If you have experienced adverse events or side effects from a defective drug, blood product, biologic or medical device find help here.
Statutes of Limitations limit the time period that plaintiffs have to file a legal claim.  These time limits vary from state to state, but generally range from 2-6 years.  In product liability cases, the statute of limitations usually begins when the injury occurs, but in some cases may not start until the affected person discovers, or should have discovered, that the product caused their injury.