Colorado Dangerous Drugs & Medical Device Attorneys

Mass Tort Frequently Asked Questions

At Burg Simpson, we’ve 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’ve 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 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’s 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 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’ll 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 aren’t 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 aren’t 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.

Tom W. Henderson Breaks Down Insurance Policy Details

 January 18, 2018

Tom W. Henderson Breaks Down Insurance Policy Details

The latest component in Burg Simpson’s ongoing professional education initiative is set for next week. Shareholder Tom W. Henderson will conduct a 90-minute web seminar, “Advising Your Business Clients on Insurance Policies,” at 9 a.m. MST on Jan 18. Designed for Colorado corporate litigation attorneys, this CE course will cover: Defining Ambiguous Terms. Understanding the… Read more »

Burg Simpson Announces its New Website Launch

 January 17, 2018

Burg Simpson Announces its New Website Launch

Burg Simpson is proud to announce the launch of a more comprehensive website that incorporates the firm’s office locations into a single site. The new Burg Simpson website, which has since focused on Colorado’s practice areas, now encompasses information for its Arizona, Ohio, and Wyoming offices all in one place, along with their practice areas,… Read more »

Mandatory Arbitration Agreements Could Be Here To Stay

 January 11, 2018

Mandatory Arbitration Agreements Could Be Here To Stay

Burg Simpson co-founder Michael S. Burg recently sat down with Law Week Colorado to discuss mandatory arbitration agreements, and what impact the #MeToo movement might have on that in the coming year. Several factors came together in 2017 to breathe new life into these controversial agreements, but experts debate whether an uptick in sexual harassment claims… Read more »

Burg Simpson Shareholders Speak at 2018 Brain Injury Summit

 January 9, 2018

Burg Simpson Shareholders Speak at 2018 Brain Injury Summit

Burg Simpson has long been a champion of traumatic brain injury victims. That commitment was on full display this week as shareholders Peter W. Burg and David P. Hersh presented at the 2018 Brain Injury Summit in Vail, Colorado. The Burg Simpson Colorado personal injury attorneys moderated, “Pearls of TBI Neuro-Litigation,” an interactive workshop, earlier… Read more »

Protect Uninsured Workers – Colorado Workers Compensation Attorneys – Burg Simpson

 January 10, 2018

Colorado Fights to Protect Uninsured Workers

The state of Colorado requires all employers with even a single employee to carry workers’ compensation insurance. It doesn’t matter if those employees are part time or full time. In fact, anyone who receives pay for services in Colorado is considered an employee, as far as workers’ compensation insurance is concerned. There are exceptions, of… Read more »

Business Dispute Options – Colorado Corporate Litigation Attorney - Burg Simpson

 January 2, 2018

What Are Your Business Dispute Options?

Business owners operate under the cloud of potential litigation nearly every day. Whether it’s a multinational corporation, a family-owned business, or a small sole proprietorship that’s just opened up its doors, business owners and leaders often face legal issues that can take time and money away from their day-to-day operations. Business and commercial law isn’t… Read more »

Plastic Surgeons Can Do Permanent Harm – Denver Medical Malpractice Lawyers– Burg Simpson

 December 27, 2017

Plastic Surgeons Can Do Permanent Harm

It might surprise – or even startle – you to find out that Colorado does not require plastic surgery centers to be licensed or even inspected by the state. These medical providers are exempt from regulations that govern other ambulatory surgery centers because providing surgical services isn’t their primary function. The state actually lets these… Read more »

Colorado Law Protects from Unfair Competition – Colorado Corporate Litigation Attorney - Burg Simpson

 December 19, 2017

Colorado Law Protects Companies from Unfair Competition

Back in June, tech giant Amazon shocked the business world when it revealed plans to acquire natural grocer Whole Foods. For the most part, the nearly $14 billion deal elicited either cheers or tears. While most people hailed the move, hoping the Web retailer would cut prices at the high-end organic food chain, others decried… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

 May 3, 2016

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Ring of Fire: The Unseen Economic Crisis

 February 29, 2016

Ring of Fire: The Unseen Economic Crisis

Ring of Fire host Farron Cousins talks with Michael Burg about taxes and the government’s resistance to upgrade America’s infrastructure.

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