Defective Drug and Medical Devices FAQ

Q: Why should I choose McDivitt Law Firm to handle my case?

A: At McDivitt Law Firm, we care about doing what is right for our clients. We follow all ethical and professional rules for attorneys, and we don’t promise unreasonable results for our clients. We work tirelessly each day to make sure that we get our clients what they deserve! You need a lawyer who will fight for you, but also one that cares about you as a person, and who is willing to work with your individual needs. McDivitt Law Firm is that firm.

Q: Does one attorney handle all of these cases alone?

A: Not at McDivitt Law Firm. While the lawyers at our firm do have extensive experience in Mass Torts, we want to make sure that we have covered every, single nook and cranny of your case. We will not leave any stone unturned, and this is why we work with other law firms. Mass Torts are a national, complex litigation effort, so we work with different firms all across the country to pool our resources together to ensure the best possible legal representation for you and your family. Our firm shares the attorney fees with the firms we work with. You will never pay double the fees, but you will get double the service!

Q: How much money will I get?

A: The ethical rules for attorneys do not allow us to give you an estimate of the value of your case in order to gain your business. The truth is there is no way of knowing the value of your individual case until we have your medical records and have the opportunity to investigate your specific case.

Q: How much will this cost me?

A: You will never owe us a dime unless we recover money for you! You will never have to pay us out of your own pocket. We will pay all of the costs to investigate and move your case forward. We will only recoup those expenses out of the final settlement if we win your case.

Q: What kind of “case expenses” are there?

A: Case expenses can be exhaustive because of the intense and complex nature of these cases. Typical expenses include: paying to obtain your medical records, postage fees, filing fees from the court system and hiring of expert witnesses to testify on your behalf. As a reminder, we don’t get reimbursed for these expenses, unless there is a recovery or settlement in your case!

Q: How long will my case take?

A: This is a complicated question. Your individual case will take time to complete, with some cases lasting multiple years. The important thing to remember is that McDivitt Law Firm is going to be working with you, every step of the way!

Q: What do I need to do during the life of my case?

A; Your overall involvement is not going to be very extensive. We want you to focus on your family and getting your life back on track while we work on your case. Throughout the life of your case it is important to keep us informed of any changes to your health or physical condition and make sure we always have up-to-date contact information.

Q: McDivitt Law Firm is based in Colorado….do I need to be located there as well?

A: We work with top law firms all over the country to ensure you the best legal representation. For your individual case, we will choose to partner up with the law firm that is best suited to handle your particular case and situation.

Q: Will I have to travel to Colorado at some point? Will I have to go to court?

A: You should never have to travel anywhere if you don’t want to. A wide majority of these cases never go to court and lawsuits are not filed in every case. If you have a significant case, we might ask you to testify, but again that is your choice and you have the option to say “no.”

Q: What does Mass Tort mean?

A: Mass Tort is a single wrongful “tort” (or act) that results in an injury to many victims, and therefore involves numerous plaintiffs suing one defendant (or several defendants) who acted negligently. In most Mass Tort cases, the various individual plaintiffs must be suing based on harms caused by a single common product. Unlike a typical “class action”, each plaintiff brings a distinct and separate claim from any other plaintiff.

Q: What is our success rate on these types of cases?

A: As per the Ethical Rules for Attorneys, we never advertise our success rate in order to gain your business. We can assure you that we have brought resolution to the lives of countless clients since McDivitt Law Firm opened 25 years ago.

Q: What is the statute of limitations?

A: A statute of limitations is the time limit in which a person has to file a claim (or lawsuit). The individual who wishes to bring forth a claim or lawsuit loses the right to do so if the Statute of Limitations has expired. The Statute of Limitations for your case depends on many factors, and you should consult an attorney to ensure that your time to file a claim has not passed.