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.

Auto, Bicycle, Pedestrian & Other Personal Injury Accidents

A Motor vehicle, bicycle, pedestrian or other accident can happen at anytime and your life can be changed in an instant. When that happens you need a passionate and compassionate attorney who can fight for you. The insurance company will hire the best. So should you!

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.

We have worked on cases where pedestrians were struck by San Francisco Taxis, commuting bicyclists hit by a car, a van that struck a defective guardrail which caused catastrophic injuries to the van’s passengers, an elderly San Francisco resident who fell from a Muni bus lift due to the driver’s negligence.

our cases include:
  • Car, Motorcycle, Bicycle
  • Commercial Vehicle
  • Pedestrian
  • Public Transportation (Bus, Train, or Other Transport)
  • Water Sports/Boating
  • Sporting Accidents (e.g. wrestling, school sports)
  • Recreational Activity (e.g. zip-lining)
  • Toxic Foods or Substances
These are only examples of the work we have done. We are not limited to these cases.
examples of success include:
  • Major settlement for victim of rear-end accident who suffered Mild Traumatic Brain Injury.
  • $3 million settlement for a driver injured by dangerous road design.
  • $3 million for a woman injured in a hunting accident.
  • Over $1 million verdict for a family in the wrongful death of their son.
  • $1.5 million for a man injured by electricity while repairing a gas station sign.
  • Nearly $1 million settlement for a child injured at a clinic, among many other cases.

If you, or anyone you know, has been injured in any accident at all, or has sustained any serious injury caused by something or someone else, please contact us.

Scheduling a free consultation with one of our attorneys can be your first step towards getting the help the law allows. Call us or contact us by completing our online form.

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' comp.

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.

our cases include:
  • Dangerous & Defective Highways
    • Inadequate signage
    • Improper lane marking
    • No shoulder or steep shoulder droplioff
    • Defectively designed curve
    • Poor intersection design
    • Inadequate or improperly placed barriers
    • Dangerous exit ramps
    • Lack of guardrails & defective guardrails
    • Failure to maintain roadway
    • 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.
examples of success include:

***Examples copy pending.

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

If you, or anyone you know, has been injured on another’s property, or on the roadways, or has sustained any serious injury caused by something or someone else, contact us, and we can tell if you someone can be held accountable.

Scheduling a free consultation with one of our attorneys can be your first step towards getting the help the law allows. Call us or contact us by completing our online form.

Professional Liability & 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 developmental delay, 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 attorney’s for professional negligence.

our 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 Injury
      • Uterine Rupture
      • Failure to perform a timely c-section
      • Failure to treat eclampsia or pre-eclampsia
      • 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
      • Back 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.
examples of success include:

***Examples copy pending.

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

If you, or anyone you know, has been injured on another’s property, or on the roadways, or has sustained any serious injury caused by something or someone else, contact us, and we can tell if you someone can be held accountable.

Scheduling a free consultation with one of our attorneys can be your first step towards getting the help the law allows. Call us or contact us by completing our online form.

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 not paying overtime wages.

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.

our cases include:
  • Discrimination or Harassment
  • Wage & Hour Claims
    • Misclassification of an employee is an independent contractor or an exempt outsidesalesperson, 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.
examples of success include:

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

If you, or anyone you know, has been injured on another’s property, or on the roadways, or has sustained any serious injury caused by something or someone else, contact us, and we can tell if you someone can be held accountable.

Scheduling a free consultation with one of our attorneys can be your first step towards getting the help the law allows. Call us or contact us by completing our online form.

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.

our 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
  • Consumer Products
    • Household Products
    • Massagers
    • Ladders
    • Utility Knife, Teapot, and other kitchen items
  • Industrial Machinery
  • Juvenile/Child Products
    • Clothing
    • Bassinets
    • Cribs
    • Toys
These are only examples of the work we have done. We are not limited to these cases.
examples of success include:
  • First case linking the defective diet drug Fen-Phen to Primary Pulmonary Hypertension
  • First Fen-Phen case filed and settled
  • First breast implant case to link silicone to physical injuries
  • First DES lawsuit -- a $42 million jury verdict for a group of injured women
  • First Zyprexa lawsuit
  • First mass torts claim.
  • Largest crib recall in the U.S.
  • Published Appellate Opinions

We recently had a published opinion in the First District Court of Appeal, Hardin v. PDX, Inc. (2014) 227 Cal.App.4th 159, involving a dangerous drug product that was sold with no warnings that caused Stevens-Johnson Syndrome and Toxic Epidermal Necrolysis.

Scheduling a free consultation with one of our attorneys can be your first step towards getting the help the law allows. Call us or contact us by completing our online form.