Skip to main content

Frequently Asked Questions + The Legal Whisperer™

Are you lawyers?

A Case for Women (ACFW) is not a law firm. We are a group founded and run by women with the sole goal of helping women change their lives through legal action. ACFW works closely with lawyers and has an attorney on staff so that we are on top of current issues affecting women and their families and can connect women with national law firms that have the resources to represent them in “long shot” cases on a contingency fee basis. We do not connect women with law firms that charge hourly. We want to offer all women, regardless of financial status, the opportunity to seek justice.

What if I’m not a woman?

Though our name may imply otherwise, we’re happy to look into your legal options, no matter your gender! We were founded to empower and inform women to take legal action; but since women are the gatekeepers for their families, we have been honored to help many men too. By empowering the natural advocates among us, we empower everyone.

Will this cost me anything?

There is no charge for ACFW services. If we’re able to connect you with a law firm, they will work for you on a contingency basis.  This means the firm will front all the costs including their time — and take on all the financial risk. If the law firm is successful and there is a verdict or settlement in your case, the firm will receive a percentage, typically between 33.3% to 40%. If they don’t win or settle for you, the law firm will absorb all the time and costs they put into your case. You will not owe them anything.

Will this hurt my doctor?

Mass tort cases like Essure are NOT against individual doctors and will have no negative effects on your doctors. These cases are against the manufacturer of the drug or device. In fact, the doctors were told by the FDA that this product or medication was safe. The cases exist because it was discovered later that the manufacturer knew their product was harmful but hid it from everyone. The doctors, just like you, did not know about the problems the product could cause.

Why do you need my social security number?

The law firm needs the social security number to file the case before the court and to ultimately settle the case. (If you feel more comfortable, you can provide your social security number directly to the law firm after you sign their retainer agreement.)

How much money will I receive?

Unfortunately, there’s no way we can give you an exact amount. That amount depends on if there is a successful settlement, the dollar amount of the settlement, what state you live in, the complexity of your case, and so many other factors.

Though there is no way to forecast what the exact result will be, generally financial compensation for mass torts is significant. For example, in the case of transvaginal mesh the average amount awarded to each woman was $45,000 before attorneys were paid their percentage. To learn more about the differences between class action and mass torts, check out this blog post from our awesome staff attorney Brooke Cohen.

If the attorneys finish your case in a positive way, they’ll receive a percentage of the overall compensation from what they won or settled for you.  If they are not successful, they are not paid for the time they worked on your case.

How much of my time will this take?

Most legal action requires very little of your time. You will be asked to fill out additional paperwork and have a few phone calls. The good news is that the law firm does all the heavy lifting; it is up to the lawyers, not you, to prove your case. So the law firm will order your records, investigate the circumstances, hire experts and fight the defendant without bothering you.

Why do these cases take so long?

A mass tort case like talc or hernia mesh takes a long time because of the enormity of it. Manufacturers like Johnson & Johnson or Bayer Corporation have a lot of money and don’t mind spending it to try and get out of paying people for the injuries their products caused. Their strategy is often to deny and delay, even when they know they will eventually have to pay.

So, what is happening while you are waiting? Your law firm will be busy. First, they will file a complaint with the court against the defendant (that’s generally the maker of the harmful product) detailing how their product hurt you. The defendant’s lawyers will respond and file an answer generally denying all the allegations. During this time frame, your attorneys will get information from you, order your medical records, and start building up your case.

Certain attorneys will hand pick a few cases to be tried in court like you see on TV. The defense attorneys also will select a handful of cases to be tried. These are called “Bellwether cases,” and their outcome either strengthens or weakens all of the cases on file. However, the likelihood that your case would be one of these cases is very, very small.

The length of time between signing up for legal action and receiving a settlement depends on the outcome of the Bellwether Trials and the incentive of the defendant to settle. Your attorney and the other attorneys who are building up these cases will have worked very hard to gather all the information needed to show why you are entitled to receive monetary compensation for the harm the products caused you. We understand that it’s a very long, complex process that can mean years of very hard work on the part of your law firm, but, as we’ve said before, will require very little time or effort on your part.

Will I have to go to court?

It is very, very unlikely that you would have to go to court. In some instances a very small number of cases, generally under 10, get picked to go to trial. These are the Bellwether or sample trials that help push the cases toward settlement. If we are able to match you with a law firm, and in the unlikely situation that your case does get picked as a Bellwether trial, you can talk with your attorney about how you want to proceed. If you all both decide that your testimony would help the cause and you decide you want to participate in the case, you and your attorney will move forward together. If not, then you are always allowed to withdraw before that time.

In all likelihood, you will be able to handle all aspects of your case from home. You and your attorney will communicate by mail, email and telephone.

Can I take action anonymously?

In many sexual assault or similarly highly sensitive cases, you will have the option to file anonymously. To get started though, we need some personal information from you and the law firm representing you will need to know who you are. That said, we never share any information you give us except with the law firm who will represent you. Once you sign, your law firm will be bound by attorney-client privilege to keep your information confidential. We usually suggest that you discuss filing anonymously once you’ve signed with the firm – they’ll know how best to proceed while ensuring you feel comfortable and safe as you take action.

How do you find the law firms you work with?

ACFW co-founder Susan Knape, our staff attorney Brooke Cohen, and many of the advocates on our team have worked in the legal field for decades. Over the years, they’ve developed an extensive and growing network of top plaintiff law firms chosen for their experience, passion, and track record for successfully taking on complex cases. Many of the law firms we work with hold leadership positions in significant litigation. All have a track record of success.

Would I be better off with a local law firm?

When confronting a large entity like Bayer Corporation or Johnson & Johnson, it is important to consider the resources of your law firm. A local law firm generally excels at local cases but does not have the experience or financial resources to last out a multi-year legal battle. If you are considering hiring local representation, ask if they will be referring your case or handling it themselves. Chances are they will not be handling your case and so the appeal of being able to have coffee and catch up on your case with a local lawyer is not realistic. Also local lawyers most likely work on an hourly basis and do not take contingency cases. Of course, every situation is unique so please do your homework.

Where are you based?

Though we are officially headquartered in Dallas, TX, our advocates work from all over the country and the law firms we work with are all national firms. We can look into legal options for anyone living in the U.S. (and sometimes Canada and Europe, as well).

What happens after I submit on your site?

After you submit an inquiry, our team will contact you with preliminary questions. Please reply back if you have any questions at any point – there are always real people behind every text and email we send!

If we think that you may have legal options, we’ll then ask you to complete a quick questionnaire especially designed to help us determine next steps. You can either complete the questionnaire over the phone with one of our advocates or via a confidential, personalized link that we’ll email and text you.

After you submit the questionnaire, our team will work with our network of lawyers to see if you qualify for a case. If we’re able to match you with a law firm, we’ll let you know and send you a digital agreement to sign. If you choose to move forward, we’ll then send your file over to the law firm.

How does ACFW get paid?

ACFW is paid through sponsorships by law firms, many of which are the nation’s largest and most experienced. These law firms ask us to get the message out to women about issues that affect them and how they can access legal action. We also operate independent social media channels where we educate women about important news topics that may or may not have any recourse in legal action.

What issues do you cover?

Our focus is on injuries to women or their families. These include injuries caused by prescription drugs, medical devices, or consumer products, physical and emotional illnesses caused by sexual assault, and financial harm caused by unequal pay or financial fraud. If you’d like us to look into your options for something that isn’t directly listed on our website, please use get in touch here. Please keep in mind that the law firms we work with generally work on civil cases in which an entity (business, institution, organization, etc) is liable. If you’re contacting us for domestic issues, family/divorce law, or other issues in which an entity is not involved, we’ve put together a list of other resources that may better suit your needs.

What if I don’t have my records?

That’s totally okay! It does not keep you from having a valid case. For now, just share your best guess about what happened and when. If we are able to match you with a firm, they will investigate further. Please do not send us any records, documents or other evidence – save that for your law firm.

Is this confidential?

We do not share any of the personal information you give us and go through extensive lengths to make sure all our systems are secure.

Of course, if we can match you with a law firm and you choose to sign with them, we’ll pass your relevant info to them. Once you sign, you will have attorney-client privilege, so everything you share with them will be strictly confidential by law.

I submitted through your site and you couldn’t connect me with a law firm. What now?

It’s possible your statutes of limitations may have passed, or you may be looking for legal resources in areas that ACFW does not cover. Don’t give up the fight!

Here are some resources that may be a better fit for you. If you find that you still don’t have legal options, but still want to have your voice heard, we suggest that you write your state representative or link up with another relevant advocacy group and get involved in other forms of change making. And, of course, always make sure to vote! Statutes of limitations are decided at the state level and elected officials can shorten or extend them as they wish. Recently states have been reconsidering statutes – some are getting longer and others, sadly, are getting shorter. If you’re affected by this, make your voice heard!

And please note: if you have any significant updates since we were last in touch – like a new diagnosis, updates from a doctor’s visit, etc. – it’s possible your legal options may open up. Please feel free to get in touch with any updates and we’ll look into how they may affect your options. You can email us or call us at (866) 488-4786.

How can I get in touch with you?

If you’d like us to look into your legal options, the best way to get started is by submitting on our website. If you’ve already submitted and have an additional question, you can email us at contact@acaseforwomen.com or call us at (866) 488-4786. You can also follow us on Facebook, Instagram, and X.

The Legal Whisperer™

We get it.

And it’s not just you. Pretty much every person we talk to feels like their head will explode when we send over law firm agreements. What does it all really mean?

The good news is that, beneath all the odd-sounding words, most legalese is easy to understand; you just need the code. Voila! Our Legal Whisperer™ glossary below is just what you need.

Bellwether Trial

“Bellwether” originally meant the head sheep that led the flock with a bell around its neck. In the legal world, it means a “sample” trial that helps attorneys understand how similar cases will go and, hopefully, if enough sample trials are won, will get the defendants to settle with all the plaintiffs who are a part of the mass tort.

Since only a few cases are chosen for bellwether trials, it is extremely unlikely that your case will be chosen. There are usually five to ten cases out of 1000’s upon 1000’s that end up as bellwethers. If you are chosen, your attorney will ask if you want to participate, and together, you can decide if you want to go forward or not.

Civil Lawsuit

We know you may be mad at the specific person who hurt you but punishing him/her/them is not your only option. Sure, you can sue that person individually, but if the individual is part of a larger entity that has assets, then many times, you can go after the entire system that was not vigilant and enabled or allowed the problem to occur. The goal is to hit the corporations/institutions where it hurts them most (financially), so they stop doing bad things. When successful, you (the plaintiffs) receive monetary compensation, and the lawsuit helps prevent the entity from causing harm.

NOTE:
Civil lawsuits usually involve a large entity like a church, corporation, or manufacturer. People sometimes file a civil lawsuit against one individual, like in the case of E Jean Carroll, who filed civilly against D Trump because he had sizeable assets.

ALSO NOTE:
Civil lawsuits do NOT result in people being imprisoned. The goal of a civil lawsuit is to punish the entity responsible for the individual’s behavior through monetary punishment.

Class Action

We don’t get involved in class actions, but since people often confuse them with Mass Torts, let’s take a look. A class action occurs when the exact same harm happens to a large number of people. It usually involves a product default, and the overall settlement, when divided between thousands and thousands of people, is generally very small – as in a few dollars or a few hundred dollars.

NOTE:
While we don’t sign people up for class action cases, it is important to sign up if you get one in the mail. The defendant (remember, that’s the bad entity!) will take a financial hit for their wrongdoing, but the cases are only effective when people are notified about the class action and sign up.

Contingency Fee

When you, the person who’s been hurt, are injured in a way that qualifies for civil litigation, there is an option of working with a plaintiff attorney who works on a contingency fee basis. That means you pay nothing upfront and generally don’t owe your attorney(s) a penny unless they win for you at the conclusion of the trial or in out-of-court settlement negotiations.

NOTE:
We only team up with lawyers who work on contingency.

Criminal Lawsuit

If, heaven forbid, you are hurt by an individual either accidentally or intentionally, you can bring a criminal case if how they hurt you is seen as a criminal event under the law. The goal of a criminal case is to punish the individual who hurt you, usually by putting the person behind bars.

Defendant

Were you hurt? If so, then someone is responsible for that hurt. It could be a single individual, an institution, or a manufacturer – but in all cases, the “bad players” are called defendants.

Litigation

Way before lawsuits, people “went out back” and worked things out with a fistfight. Litigation is basically a civilized way of working things out in court via a lawsuit. The goal is to punish the person or entity who harmed you by putting them behind bars (as in a criminal case) or to go higher up and create change by pushing for monetary compensation (as in a civil case).

Just remember that while your lawyers may physically appear in court, it is unlikely that you will ever be. Most cases settle before trial, meaning they are resolved before you go to the courtroom. During A Case for Women’s eight-year history, we have never had a woman or man we helped have their case go all the way to trial.

Mass Torts

We often hear this: “Why bother signing up for the so-and-so lawsuit when the compensation is only going to be, like, $5?” The answer is easy because A Case for Women only works in the area of mass torts and single-event lawsuits, where the financial outcome, if the case is won, will be waaayyyy more than a few bucks. These are not “coupon cases”.

Let’s look at it this way: a tort is a legalese word that literally means a “wrongful act.” The injury (or wrongful act) could be to your body, pocketbook, or property. Mass means that a lot of people have experienced a similar injury. Put the two words together, Mass Tort means a large number of people who have similar injuries caused by the same or similar wrongful act (defective product, dangerous medication, and so on).

But … in a Mass Tort, unlike a class action, the injuries to each person are unique and serious, so they must be examined individually. That makes Mass Torts a complex legal procedure and also makes the outcomes, when successful, way more financially beneficial than class actions.

When successful, the monetary compensation from a Mass Tort is considerably more than the compensation received by individuals in a class action. According to Reuters, Bayer agreed to pay each of the 39,000 plaintiffs approximately $41,000 in the Essure birth control litigation. (Source: Reuters, August 20, 2020  – before attorney fees)

MDL

MDL means Multi-District Litigation. You can imagine that in a Mass Tort, you have many people in many states filing lawsuits. By consolidating all of the lawsuits into an MDL, the plaintiff attorneys across the country can share in gathering all the evidence against the defendants, which will save every plaintiff a ton of money!! Sometimes MDLs are in Federal Court, other times there is a JMPDL (smaller MDL) in state court, but wherever the attorneys end up filing your case, they will save money and time by consolidating the cases.

Even with consolidation, Mass Torts can take years to settle, depending on where they are in the process when you sign up. If they are starting, and it is a brand-new case type, it will take longer than if you sign up for a case that has been around for a while. The good news is that while the lawyers will be busy working on your case, there is very little for you to do but wait patiently.

Plaintiff

Were you the one injured? Then, you are the plaintiff.

Settlement

Yay! Suppose a settlement is reached in your case. In that case, it means that the lawyers for the wrongdoers (the defendants) and your lawyers (plaintiff lawyers) have come up with a fair way to compensate you (and others) without further legal action.

Verdict

In some situations, civil cases go through a full jury trial where a judge or jury gets to decide whether the defendant is responsible for the damages (injuries) alleged by the plaintiff. Instead of a settlement, there is a verdict … but the bottom line is still compensation for you.