Colorado Dangerous Drugs & Medical Device Attorneys

Mass Tort Frequently Asked Questions

At Burg Simpson, we have represented thousands of individuals who have suffered serious side effects after taking prescription medicines, or who have been injured as a result of defective medical devices. Over the years, our Denver mass tort lawyers have been chosen to lead high-profile litigation on numerous occasions, involving some of the world’s largest pharmaceutical companies.

Fill out our Free Case Evaluation form today or call us right now at 303-792-5595 to find out how we can help you if you have been injured by a prescription medicine or a faulty medical device.

This is a difficult question to answer because it depends on so many factors. Sometimes a settlement can be reached quickly without having to file a lawsuit if the liability is clear and the injuries are undisputed. If a lawsuit must be brought, then settlement will typically be delayed by many months while the parties engage in discovery.

Many times, cases will settle very close to the trial, which can be a year or more after the case is filed. If a verdict is rendered in your favor, and a judgment is entered, the defendant will sometimes pay or settle at that time, but many times the defendant will appeal, in which case the ultimate recovery can be delayed by several years while the case proceeds through the appeal process. If you lose at trial, you have the right to appeal.

Again, the process can take several years, and if you win the appeal, you will likely need to go through another trial, and potentially, another appeal. If may be many years until you obtain compensation for your injuries.

There are several factors that go into evaluating what any particular claim is worth. Each case is different and it is impossible to provide a specific dollar figure for any claim. No attorney can ever guarantee compensation for your claim. That being said, the experienced Denver mass tort attorneys at Burg Simpson have vast experience in nearly every kind of dangerous drug and defective medical devices claim. We can provide you with an honest evaluation of your claim and provide you with an assessment of what your claim might be worth.

Some of the factors that can affect a claim’s worth include the nature and extent of the injury, the nature and extent of medical treatment received, the nature and extent of preexisting medical problems, the nature and extent of the liability of each person involved, the ability of the injured person to return to that work, the need for future medical and other life care needs, the location where the injury occurred, and the amount on insurance available, to name a few.

When a person is unable to go back to work because of an injury, it can cause a significant economic loss that can be worth tens of thousands, hundreds of thousands, or even millions of dollars depending on the job and the remaining work life of the injured individual. For example, a surgeon who can no longer perform as a doctor because of an injury might have many millions of dollars in future lost income over his lifetime. Even a construction worker making $30,000 per year can easily have many hundreds of thousands of dollars in lost income. Consider also that the nature of the person’s work may greatly impact the value of a claim. An accountant who breaks her leg in a car crash might not have significant lost income since she can still perform her duties as an accountant. But a concert pianist who breaks his hand could be prevented from ever playing the piano again. The impact on employment is a significant factor in evaluating a claim’s worth.

Where an injury occurs can also be a factor in a claim’s worth. This is because where an injury occurs might dictate where a lawsuit can be brought. The laws in each state vary, and some states protect their residents more than others. Some states allow unlimited recovery of “non-economic damages,” like pain and suffering, while others severely limit the recovery of non-economic damages. The laws in each state regarding negligence, comparative fault, and other liability issues can also affect the value of the claim. For claims that must be clearly brought in one state, the value of the claim may be affected by which county the claim is brought in. Some counties have more conservative jurors, while others are more liberal. As there may be several states–or counties within a state–in which a claim may be brought, it is important to evaluate all of those potential venues before filing a lawsuit.

Most lawsuits end up settling before trial. So, statistically, the chance that you will actually go to trial is actually quite low. Settlement is an important aspect of any lawsuit and should be considered by you using your attorney’s sound advice. But you have a right to go to trial and a right to have your case heard by a jury. You do not have to settle your case if you think that you are not being offered enough compensation for your injuries. Your dangerous medical devices attorney will provide you their legal advice and opinions as to the merits of your case, your chances at trial, and their opinions as to whether a settlement offer should be seriously considered or rejected.

Settlement has the advantage of certainty—you are not relying on a jury to decide the fate of your case. The advantage of taking a case to a jury is the ability to tell your story and to potentially have the jury award you more than what is being offered to settle your claim. Some claims should be settled. Other claims should be taken to a jury. Each case must be evaluated on its own merits when making that decision. Sometimes the defense will refuse to talk settlement, in which case you might have no choice but to take your case to a jury. But generally, whether you settle or take your case to trial is up to you.

You are not required to hire a lawyer. As an individual, you can represent yourself in a court of law. But you must understand that the law can be very confusing. There are many rules applicable to court proceedings. Many laws and rules, if not complied with, can result in your case being barred or dismissed. A lawyer is trained to analyze laws and rules and will advise you concerning the upsides and downsides to actions that may affect your legal rights. Your Denver medical device attorney’s job is the protection of your legal rights.

Also, a Denver mass tort lawyer trained and experienced in negotiation is likely to obtain a much better settlement than if you were to try to settle a case on your own. And many times a defendant or insurance company will not do anything at all until a lawyer is threatening them or their insured with a lawsuit. Your case may essentially be worth nothing until you actually hire a lawyer who can stand up for your rights.

And should you have to go to trial, a good lawyer is a necessity. Trial and pretrial procedures are vast and complex; someone who is not familiar with all of them is likely to trip up and lose rights and opportunities to present their best case to a jury. A lawyer knows the system, knows the judges, and knows how to present a case to a jury.

No. We offer a free, no-obligation case evaluation to those who have been injured by a drug or dangerous device. If necessary, we will obtain your medical records and we will conduct the review necessary to determine whether or not we can help you.

Our mass tort fee agreements are done on a contingency fee basis. This means that our fee is determined as a percentage of your recovery. We only receive a fee for our work if we obtain a recovery for you. If you do not receive a recovery, then you owe us nothing. If you decide to hire us to pursue your claim, all of this will be explained in a written fee agreement.

We advance the money for all litigation costs associated with pursuing your claim (such as filing fees, medical records retrieval, and expert costs). We receive reimbursement for these costs out of any recovery. If you do not receive a recovery, then you owe us nothing.

Yes. Some of our senior shareholders have been appointed to lead national litigation against several drug and device manufacturing companies. We have the combination of powerful resources and the reputation and expertise to give you a great chance for a successful outcome. Call us today at 303-792-5595 or fill out a Free Case Evaluation form here.

 September 16, 2020

Four Teen Victims Seek $16 Million in Arizona Child Abuse Case

A team of Burg Simpson attorneys including Scott Eldredge, Seth Katz, Ty Taber, Paul Friedman, and Christopher Post along with Tucson-based victims’ rights attorney, Lynne Cadigan, is representing four adoptive children who are named as victims in $16 million child abuse cases filed in Arizona. The children allege they were subjected to aggravated assault and… Read more »

 September 8, 2020

Former Burg Simpson Scholarship Winner is Using Her Funds Wisely!

Ms. McKenna Gilbreth is one of the previous winners of Burg Simpson’s annual scholarship. McKenna recently wrote to Mr. Michael S. Burg, Burg Simpson’s founder, to thank him and to share how she is using her scholarship funds. Now attending Southern Methodist University in Dallas, TX, McKenna wrote from her dorm room that despite the… Read more »

 September 3, 2020

September 2020 E-News

Congratulations to Our Best Lawyers in America® Forty-seven Burg Simpson attorneys have been recognized in the 2021 edition of Best Lawyers in America ®. (33 “Best Lawyers” and 14 “Ones to Watch.”) See the list of Burg Simpson attorneys selected to the 2021 Best Lawyers in America ® here. Three Burg Simpson Lawyers Also Named Best… Read more »

 August 27, 2020

Burg Simpson’s Colorado Scholarship Competition 2020-2021

Burg Simpson has always recognized the importance of access to a strong education. Starting in 2012, we launched the Burg Simpson Scholarship Competition. Each year, Colorado high school seniors are encouraged to write and submit a 1,500 word essay on the importance of the civil jury system as the guardian of American rights and liberties… Read more »

Greeley, CO – Two Workers Killed in Work Accident on 1st Ave

 June 19, 2020

David Hersh: COVID-19 and Loss of Business Income

Shareholder David Hersh Discusses COVID-19 and Loss of Business Income  David P. Hersh is a shareholder and co-practice group leader with  Burg Simpson’s business and commercial litigation department.  “I am David Hersh, Co-leader of the Commercial Litigation Department at Burg Simpson. Business owners across the country have suffered from the loss of business income as… Read more »

David TeSelle Discusses Qui Tam Lawsuits

 June 18, 2020

David TeSelle Discusses Qui Tam Lawsuits

David K. TeSelle is a trial lawyer and co-practice group leader with  Burg Simpson’s business and commercial litigation department.  “Do you have confidential information about a company who is cheating the state or federal government out of money, leaving the American taxpayer holding the bag? If so, there is something you can do about it,… Read more »

 June 16, 2020

Shareholder Jacob Burg Discusses Burg Simpson’s Commitment to Pro Bono Work

Jake Burg is a shareholder and a trial lawyer with  Burg Simpson’s personal injury department. “Since the firm’s inception in 1976, Burg Simpson has been committed to providing pro bono legal services to heroes who have dedicated themselves to serving others in times of great need. As an attorney with Burg Simpson, I was proud to… Read more »

Denver, CO – Two Injured in Motorcycle Accident on I-25 (CanAm Highway)

 June 15, 2020

Injured in a Motorcycle Crash? Call Burg Simpson Now

Injured in a Motorcycle Crash? Call Burg Simpson Now Shareholder Stephen J. Burg is a trial lawyer and the practice group leader of the firm’s personal injury department. If you, or someone you know, has been injured in a motorcycle crash, you need someone to be on your side. Insurance companies make huge profits by… Read more »

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