Contact Nigh Goldenberg Raso & Vaughn | Skilled Injury Attorneys

Frequently Asked Questions

your questions, answered.

We’ve compiled answers to the most common questions clients ask us about mass tort cases, settlements, and our process. If you don’t see your question here, please contact us directly.

Case Process

What can I expect when you accept my case?

If one of our attorneys determines that we can accept your case, we will first need you to sign a retainer agreement and medical authorizations. Next, your case will be transferred to our litigation team to obtain medical records (evidence) necessary to prove your case. This process can take many months, and our litigation team will reach out to you directly if they have any questions or concerns.

Will you definitely be taking my case?

Our team understands that your case is important and that you want informed attorneys on your side. There are a variety of determining factors that go into making sure a case presented is one our team can take, and unfortunately we can’t take each case that is presented. Know that we will review and we will make sure that you are notified promptly of our final decision and reasonings behind that.

How long will my case take to resolve?

The kinds of cases NGRV specializes in typically take years to resolve. Our team will provide you with quarterly updates and will contact you with questions or if there is a major update in your case. We work as quickly as we can to resolve these issues, but the sheer amount of information and complexity of the case could lead to longer resolution times.

Will I have to go to trial?

It isn’t likely that you will have to go to trial. There are so many cases that are filed into MDLs that it would be impossible to bring all filed cases to trial. Courts do select test cases called “Bellwether cases,” and if yours is chosen we will let you know.

Can I submit a claim if I took a generic form of a medication?

Our team can only pursue a claim for someone who took the generic forms of Valsartan and some authorized generics of Depo Provera. Unfortunately, other generic forms of medications cannot be cited in a claim because of a 2011 Supreme Court ruling that determined consumers can’t sue a generic drug manufacturer for failure to warn even if they sustain injuries from taking the drug.

What if I die before my case is resolved?

If you pass away before the case is resolved, our team will have to follow the state intestate succession laws. These laws outline which heirs are entitled to any funds, and establishing a will is the best way to ensure specific family members receive your settlement funds. We suggest finding a lawyer in your home state to set this up if it is a concern.

What is the statute of limitations on my case?

Each case varies, but after we have all the information about your claim, the attorney will make an individualized assessment of your statute of limitations. Our team will prioritize getting records and working your case up by that date. We will keep you informed, and know our team does all we can to ensure that this does not become an issue.

Where can I find more information on the lawyers assigned to my case?

Our website includes an attorney bio section where you can find out information about the person assigned to your case. You can also check each individual state bar website to confirm the attorney representing you is a real attorney in good standing. If you have additional questions, please [contact our firm]

Brett can be found on the Kansas state bar website: https://directory-kard.kscourts.gov/

Note: Brett’s legal first name is Christopher. His middle name is Brett.

Ashleigh, Ava & Sam can be found on the Minnesota state bar website: https://mars.courts.state.mn.us/.
Daniel & Kathryn can be found on the Florida state bar website: https://www.floridabar.org/directories/find-mbr/
Marlene can be found on the DC state bar website: https://www.dcd.uscourts.gov/bar-memberattorney-information-lookup

Rachel can be found on the AZ state bar website: https://www.azbar.org/for-legal-professionals/practice-tools-management/member-directory/

Communication

How often will I hear from NGRV concerning my case?

Due to the complexity of the cases we take, they can take many years to resolve. We will update you quarterly at a minimum, but if there are any pertinent changes we will let you know as soon as possible. Feel free to reach out if you have any questions in the meantime! Know that our team is working diligently through millions of discovery documents, speaking with experts on the subject, and ultimately working to represent you in the best manner possible.

Fees & Costs

What costs will I incur with my case?

The most common costs in a case are those required to obtain medical records, filing fees, and the common benefit costs. This does not encompass all the costs, but you will not have to pay until your case is won.

What are common benefit costs?

Common benefit costs are costs that you, as the client, would have to incur in an individual case if you were not part of a multidistrict litigation (MDL). This is ont of the advantages of an MDL: you are able to split these costs among all the Plaintiffs. Learn more in our blog post about common benefit fees!

What is NGRV’s fee?

Our fee is determined by the complexity of cases that we take on, which also includes the amount of time it takes for our team to work on these cases. Unlike a standard case which could take 9 to 18 months to resolve, a mass tort case could take up to five years or longer. For these reasons, our firm charges a 40% fee. Not all of this percentage goes back to the firm; there is a significant portion of this fee that goes back to the court in the form of common benefit.

Will the fee and other costs take up my entire settlement?

There are three common costs in a case: medical records, filing fees, and common benefit costs. There are others, but these are the most common. We do our very best to keep costs down as our firm fronts everything that comes out of your settlement, not seeing any of that money back until you are paid as well. We have never experienced fees being so high that a client does not get any money back from their settlement. If we foresee anything additional, our team will reach out and discuss with you directly.

Is my settlement taxable?

Our team does not specialize in tax law, so we encourage you to reach out to an accountant to determine if your settlement is taxable. Generally, personal injury cases are not taxable, but this can vary by state. Read our Taxability on Settlements blog post for more information.

What is a health insurance lien? Why do I have to pay it back?

When you use your health insurance to cover medical bills, your insurance company typically pays those bills upfront. However, most insurance agreements include a “subrogation” clause, which allows your health insurance provider to be reimbursed for those payments if your injury was caused by a third party. Subrogation allows the health insurance provider to recover costs from your settlement or verdict, ensuring that they aren’t paying for someone else’s negligence.

Understanding Mass Torts

What is a mass tort?

What’s the difference between a mass tort and a class action?

What are the benefits of an MDL case?

One of the main benefits of an MDL is that the cost of the litigation is shared amongst all plaintiffs filing. If you were to file individually, a case like this could cost hundreds of thousands of dollars. Learn more in our blog post about establishing an MDL.

Case Value

How much is my case worth?

Fill the form or give us a call we are here to help you

We appreciate your interest in Nigh Goldenberg Raso & Vaughn, a leading law firm specializing in personal injury, product liability, pharmaceutical litigation, environmental cases, bankruptcy, and ride share assault litigation. Our dedicated team of attorneys is committed to helping our clients seek justice and secure the compensation they deserve.

Checkout our FAQ Section.