Practice Areas

The firm prides itself on its passionate representation of it's clients, taking a level of personal interest in every client and every case. This personal attention sets the firm apart and creates a culture of care and concern that is unsurpassed. And our results are, in fact, historic.

Hersh & Hersh has represented clients from all over the United States in individual cases, mass tort litigation and other personal injury matters for nearly 40 years. It is not surprising that one of the firm’s founders received a 2010 lifetime achievement award from the San Francisco Trial Lawyers Association for groundbreaking work.

The trial lawyers at Hersh & Hersh collectively have decades upon decades of experience in these areas. When you contact our law firm for an evaluation of your situation, you will speak with an attorney and it is free of charge.

Motor Vehicle, Bicycle, Pedestrian & Other Accidents

We have worked on cases involving pedestrians struck by taxis, commuting bicyclists hit by cars, catastrophic injuries sustained by passengers of a van due to dangerous highway/roadway conditions, injuries to an elderly resident due to a Muni driver’s negligence in operating a lift. We are expert at obtaining full compensation for injured people including medical expenses, lost past and future wages, future medical care costs, attendant care, and pain, suffering and emotional distress. We have years of experience representing people who have been injured in motor vehicle accidents, or accidents involving trucks, bicycles or other transport.

We have also successfully represented people who have been injured in accidents during sporting or recreational activities, like wrestling, swimming or zip-lining.

Cases Include

Cars, Motorcycles, Bicycles
Commercial Vehicles
Public Transportation Vehicles (Bus, Train, or Other Transport)
Water Sports/Boating

Sporting Activities (e.g. wrestling, school sports)
Recreational Activities (e.g. zip-lining)
Toxic Foods or Substances
Toxic Chemicals

These are only examples of the work we have done. We are not limited to these cases.

Dangerous Property Conditions

Property can be dangerous for a number of reasons, including the failure by an owner to warn of a dangerous condition, rules and regulations that are unsafe, a defective product or item, like a ladder, on the property, failure by the owner to have security on site, or dangerous conditions on a roadway, to name a few. We have successfully represented people who have sustained injuries because a property they entered was unsafe, including worksites, construction sites or roadways. Also, any “on the job injury” may be caused by a person or company, not just your employer. This could mean you get additional compensation, not just workers’ compensation.

We have worked on cases involving a man at work who fell from a defective ladder attached to a building, a brain injury from drug overdose in a university residence because of policies and procedures in the residence, death from assault in a nightclub without sufficient security, and injuries from a defective guardrail on a roadway piercing a vehicle and the people in it.

Cases Include

Dangerous & Defective Highways and Roadways:
Inadequate signage
Improper lane marking
No shoulder or steep shoulder drop-off
Defectively designed curve
Poor intersection design
Inadequate or improperly placed barriers
Dangerous exit ramps
Lack of guardrails & defective guardrails
Failure to maintain roadways
Dangerous median, lack of median barrier
Trees or other dangers in the right of way
Improperly designed construction zones
Poor Maintenance of Traffic (MOT) plans
Road construction defects
Failure to comply with state and federal regulations

Construction/Workplace Accidents:
Explosions
Fires
Machinery Malfunction
Scaffolding/Roof/Balcony Collapse

Security Failures:
Nightclub Security Failures
School Security Failures
Hotel Security Failures

Building Owner/Operator Negligence:
Slip and Fall
Scaffolding/Roof/Balcony Collapse
Lighting Failures
School Safety Failures
Injuries at College Campuses/Deaths/Drug Overdose
Pool Design Failures
Hotel & Motel Dangerous Conditions

These are only examples of the work we have done. We are not limited to these cases.

Professional Liability / Medical Malpractice

Malpractice can occur in many contexts, including, for example, in an Emergency Department when a provider fails to diagnose or treat a stroke leading to permanent and disabling injuries, or during pregnancy, labor or delivery when a complication goes undiagnosed, unnoticed and untreated and a baby is born injured. For instance, a baby may be deprived of sufficient oxygen if a laboring mother’s contractions are too frequent or intense and the doctors or nurses do nothing to correct the situation. This deprivation of oxygen during labor may result in permanent brain injury to the newborn. If your baby has cerebral palsy, developmental delays, or other injuries, it may be the result of a mismanaged labor and delivery. We have obtained results that permit people to get long-term care and assistance for their injuries.

We have had multi-million dollar verdicts and settlements in many malpractice cases. We have special expertise in representing victims of fertility clinic and sperm bank negligence or fraud, including destruction of embryos, failure to screen donors, or failure to conduct genetic testing. We have also successfully prosecuted cases against other professionals including attorneys for professional negligence.

Cases Include

Medical Malpractice:
Birth Injury/Injury During Labor and Delivery:
Failure to Read/Interpret Fetal Heart Tracing
Meconium Aspiration
Cerebral Palsy
Erb’s Palsy
Klumpke’s palsy
Brachial Plexus Injury
Shoulder Dystocia
Failure to Diagnose Gestational Diabetes
Microcephaly
Forceps or Vacuum
Uterine Rupture
Failure to perform a timely c-section
Failure to treat eclampsia or preeclampsia
Other Brain Injuries or Birth Injuries
Failures in Prenatal Care

Wrongful Death:
Cancer
Undiagnosed Infection
Birth or Labor and Delivery

Failure to diagnose and treat:
Cancer
Spinal Injuries
Stroke
Infection

Surgical Errors:
Implantation of Device
Hip/Knee Surgery

Fertility Clinic/Sperm Bank Negligence & Fraud:
Expertise in Fertility and Sperm Bank Cases
Destruction of Embryos
Embryo Mix-Up
Sperm Bank Donor Fraud

Nursing Home Abuse/Neglect:
Improper Medication Administration
Soiled linens, clothing, or other items
Unclean conditions
Malnourishment
Sexual Abuse
Physical Injuries

Legal Malpractice

These are only examples of the work we have done. We are not limited to these cases.

Employment Law

There are specific laws in place to protect employees. Both large and small employers often take advantage of their workers by violating federal, state, and local laws. Employees may not realize that they are entitled to minimum wage, overtime, meal and rest breaks, prompt payment of wages, detailed wage statements, and reimbursement. Employees also may be unaware that they are misclassified as “independent contractors” or as employees “exempt” from wage and hour protections. We have successfully represented employees against their employers in cases involving the failure to pay certain wages to employees and misclassification of workers, thereby denying employees overtime, as well as cases involving harassment and discrimination, including sexual harassment, on the job.

We won a landmark jury verdict in Federal Court against an employer for misclassifying employees and denying them wages, meal and rest breaks. If you or your co-workers believe your employer has taken advantage of you, you can speak confidentially with one of our attorneys. We can advise you on your rights and evaluate whether your employer has failed to comply with the rules and regulations that protect you.

Cases Include

Discrimination or Harassment
Wrongful Termination
Wage & Hour Violations
Misclassification of an employee as an independent contractor or an exempt outside salesperson, administrative assistant, professional, or executive.
Minimum Wage Violations
Denial of Meal and Rest Breaks
Failure to Pay Overtime
Failure to Reimburse

These are only examples of the work we have done. We are not limited to these cases.

Dangerous & Defective Products / Devices

As consumers, we are exposed to various products daily and even when used correctly the products can be very dangerous and cause severe harm. Many of the products you use are unsafe due to manufacturing defects, failure to warn of dangerous propensities of which a manufacturer is aware, or improper deisgn. It’s simple. Manufacturers must not sell products that endanger the public. If they do, they, along with the distributors, vendors, retailers, or others, can be held responsible for the injuries they cause. We have successfully represented thousands of people who have been victims of the failure by manufacturers to ensure the safety of their products. These manufacturers include drug manufacturers, medical device manufacturers, consumer product manufacturers, like baby toys or cribs, to name a few. Dangerous products have caused death, devastating injuries and permanent harm and have ruined people’s lives.

We have the knowledge, skills, resources and experience to investigate and pursue products cases against large corporations.

Cases Include

Prescription/Over the Counter Drugs:
Lamotrigine/Lamictal
Stevens-Johnson Syndrome/Toxic Epidermal Necrolysis
Fen-Phen and Diet Drugs/Pulmonary Arterial Hypertension
SSRIs/Antidepressants
Tylenol, Advil & Motrin

Vaccine Cases

Medical Device Cases:
Defective Implants
Mesh: Hernia/Vaginal
IVC Cases
Morcellator

Consumer Products:
Household Products
Massagers
Ladders
Utility Knife, Teapot, and other kitchen items

Juvenile / Child Products:
Clothing
Bassinets, Cribs
Toys

Industrial Machinery and Other Products:
Lifts
Construction Equipment
Tools
Tires
Cranes
Car Windows
Garage Doors
Production Line Equipment

These are only examples of the work we have done. We are not limited to these cases.

Negligent & Dangerous Business Practices

As people, we use businesses on a daily basis for all types of needs. Many of these businesses have practices that cause injury and suffering. We represent people who have been the victims of negligent and dangerous business practices. We successfully litigated and settled a case involving families whose children were born as a result of sperm purchased from a sperm bank that inadequately screened and assessed donors, and the families discovered that the donor used was schizophrenic, a hereditary condition. We achieved a great resolution and got the Sperm Bank to change its practices. We achieved a great result for families who lost young college children as a result of drug overdoses at their schools. We successfully resolved these cases by showing that the students and housing organizations were inadequately or improperly trained, informed and instructed about how to respond to overdose. Many of the universities now have different policies.

Our successes against these entities show our creativity and results for our clients, and also show how we have changed certain industries and business practices. If you think that you have been injured or harmed in some way by negligent and dangerous business practices, contact us.

Cases Include

We Handle Cases Involving Negligent & Dangerous Business Practices by:
Sperm Banks, Fertility Clinics, Egg Banks and Cryobanks
Universities, Colleges, Schools and Other Institutions
Stores, Retail Chains, Independent Sellers of Food or Other Products
Pharmacies
Hotels, Motels
Other businesses, companies or sellers of items or services

These are only examples of the work we have done. We are not limited to these cases.