Our Practice Areas

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 addition 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
  • 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
  • Security Failures
    • Nightclub Security Failures
    • School Security Failures
    • Hotel Security Failures
These are only examples of the work we have done. We are not limited to these cases.
Professional Liability/Medical Malpractice (Medical, Legal, & Other)

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 problems such as 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.

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.