It is the responsibility of a manufacturer to market safe products. Under the law of torts, a manufacturer is held strictly liable when one of its products proves to have a defect that causes injury to a human being.

Product liability encompasses

• unsafe drugs
• unsafe medical devices
• motor vehicles, parts, and tires
• construction materials
• toys
• bedding and furniture
• car seats and infant gear
• tools
• safety gear
• And more…

The list is endless as to product liability cases. As the plaintiff’s lawyer you will need to file complaints, conduct interrogatories, and request and review numerous documents regarding the production of product in question.

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About Joel Feldman’s expertise

Preparing for a medical malpractice case is a major legal undertaking. You and your staff will need to follow a detailed protocol and to be well versed and prepared for twists and turns.

There will be letters to write, complaints to file, interrogatories to dispense, documents to request and review, and preparation, preparation, preparation.

Are you ready?

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How is Joel Feldman qualified to give medical malpractice advice?

Pre-litigation is an important first step.

It’s the basis for whether or not a client is a good candidate for a mass tort pharmaceutical case. Pre-litigation is the term used to describe activity that happens regarding a legal claim before a lawsuit is officially filed.

Pre-litigation is fact-finding to determine if the potential client has a case that you want to handle. The best way to fact find is to gather as much information as possible by asking the right questions up front about the client’s claims, side effects, diagnosis, and medical records.

Pre-litigation for mass tort pharmaceutical cases begins by sending a letter to the client with the unsafe drug claim questionnaire.

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About Attorney Joel Feldman

Nobody likes rejection, however, when done correctly and with finesse – a rejection letter can still keep the door open for people to refer you to their friends and family for other legal matters and word-of-mouth referrals.

As said previously, good communication skills go a long way to build trust and promote reasonable expectations.

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Time is money.  Investigating the many facets of a case and preparing for a case is time consuming. The last thing you or your staff wants to do is waste valuable time or waste the time of an investigator.

This chapter deals with the role of an investigator. Why hire one? What to request when hiring an investigator? What to look for when hiring an investigator?

If weather is a factor in your case, you will need a weather report. Where, why, and how do you request a weather report?

Contacting an investigator for different kinds of cases requires different strategies.

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About Pennsylvania Attorney Feldman

Freedom of Information Act (FOIA) is a law that gives you the right to access information from the federal government. It is often described as the law that keeps citizens in the know about their government.

A FOIA request can be made for any agency record. Before sending a request to a federal agency, you should determine which agency is likely to have the records you are seeking, then write the appropriate letter to get the information required to help win your case.

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Your client was in a motor vehicle accident or slipped and fell in a restaurant. You must contact the other driver or drivers in the accident or the restaurant. What do you say to them? What is legally allowable to say to them in your communications?

What can and do you say to their insurers?

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People or entities have the evidence that you want need for your case. And you want to preserve the evidence before it disappears and self destructs.

In law, spoliation of evidence is the intentional or negligent withholding, hiding, altering, or destroying of evidence relevant to a legal proceeding.

Spoliation has two possible consequences: in jurisdictions where the (intentional) act is criminal by statute, it may result in fines and incarceration for the parties who engaged in the spoliation; in jurisdictions where relevant case law precedent has been established, proceedings possibly altered by spoliation may be interpreted under a spoliation inference.

If there are videos, 911 transcripts, and/or digital recordings – your case needs them. Any shred of evidence whether from private entities or governmental agencies that might be helpful to your case – you will need.

This chapter offers ways to request evidence including practice pointers for what to say and how to request.

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People have information and expertise that you want. How do you access it with the least amount of hassle?

The best way to acquire this info is to through sharply executed letters without jumping through the least amount of hurdles.

Attorney Joel Feldman provides letters which you can use verbatim saving you time and money requesting medical providers for disability statement, general and detailed reports, letter to employer requesting wage loss confirmation, and to the client verifying wage loss accuracy.

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Every state has rules of ethics as to referral fees for lawyers. The Pennsylvania Rules of Ethics allow Pennsylvania attorneys to receive fees for cases that they refer out to other attorneys and they allow Pennsylvania attorneys to receive referral fees.

Like any legal transaction, ensure that your agreement is enforceable. Referral fees can be moneymakers if done correctly or can ruin your legal reputation if done wrong.

An important component of keeping the referral fees coming is to communicate the status of the case for medical malpractice, construction accidents, dram shop, unsafe drugs, and unsafe medical devices.

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