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Frequently Asked Questions

What should I do before I pursue litigation?  

A: If you are experiencing issues with your privatized military housing, before you pursue litigation, please make sure you have a detailed your requests for repairs and documented the conditions in your home that affect your health and safety.  If the housing company has not properly repaired, remediated, abated, or otherwise resolved the issues affecting your family, please follow the “official” escalation path, which is, as we currently understand it, to enlist the Military Housing Office on your installation, contact your installation command, and (if feasible) enlist your chain of command. You can also consult with the JAG.  Once you have taken these steps, then consider litigation.  Please also seek medical treatment.  You might strongly consider seeking treatment from a medical profession outside of the military health system if you don’t feel you or your family are getting the appropriate treatments or referrals.

 Why should I consider suing the privatized housing company?

A: Civil lawsuits are a remedy of last resort. When all other options to resolve a serious dispute have failed, the law allows people to seek relief in court. We have watched our military families exhaust every other option available to them, through the privatized housing companies, the military itself, the media and Congress. We even watched some of the smaller lawsuits struggle, or even fail. We’ve watched and heard what our existing clients have gone through. It’s disheartening and frustrating even to us. A lawsuit where many families band together to seek damages from the privatized housing companies is the only way, in our opinion, to make the companies pay for the harm they have caused. 

Is this a class action lawsuit?  

A: No, this is a mass action lawsuit.  In a class action lawsuit, one affected person is a representative for the entire group of affected people.  In this case, we are representing each affected person individually because each person’s harm is unique.  Your damages will be individually determined.  While some cases may be filed together because those cases have some common issues or defendants, every case will stand on its own. 

How much will it cost?  

A: There is no upfront cost to you to become a plaintiff if you have a qualifying case.  We will advance the expenses of experts, like diagnostic doctors, inspectors, and assessors, and expenses for case filings and depositions. If and when we obtain a settlement or collect on a judgment for you, the following fees and expenses will apply: attorneys’ fees of 40% of the total award will be paid to the lawyers, and from the remainder, the lawyers will be reimbursed for expenses they have advanced directly on your case.  Some of these expenses may be portion of shared expenses incurred by all or some of the cases.  We do not anticipate expenses will exceed 3% of your total award.  The remainder will be paid to you.  If we do not win a settlement or judgement for you, you will owe nothing. Please note that attorneys, by law, are not permitted to pay for medical treatments under any circumstances.

How long will this last?  

A: It is difficult to determine how long it will last because it depends on when the courts set the cases for trial.  We will endeavor to set cases for trial within 18 months. 

Will I have to testify?  

A: You should be prepared to give a deposition, which in many cases can be done via videoconference.  You should also expect to testify if your cases does not settle before trial.  You will have counsel present with you at all times you are testifying.  

How much is my case worth?

A: Your case will be thoroughly analyzed to determine your damages. Damages generally include past, present, and future medical damages, loss of property, and related out of pocket expenses. Other damages may include more indirect claims, such as negative impact to career, pain and suffering, and loss of use. 

Who will have access to my medical records and how will they be used? 

A: Our lawyers and their staff will need access to your medical records if you are seeking damages for personal injury.  We maintain your records in a strictly confidential electronic file.  They will not be shared with anyone else and will be returned to you or shredded, at your direction, when we are authorized by the court.  We may be required to produce your medical records to the defense attorneys to substantiate your claim for damages.  To protect your records, we have a Confidentiality and Protective Order entered by the judge in our case that prevents the disclosure of those records to anyone other than the defense attorneys and their experts. 

Can I supply my own medical records? 

A: If you’ve see providers in the military health system,  we encourage you to obtain and provide those records to us. You can go to the installation  medical facilities and request the medical records for you and your minor children. Please ensure you request all the records they have for as far back as they are available. They will be provided in electronic format, at no cost, and in an organized fashion.  That step would save us time and money, as well as providing the most comprehensive records.  If you’ve seen medical providers that are outside the military health system, you may also request those records directly or authorize us to obtain those records. You can request EoBs (explanation of benefits) from Tricare, which will list all non-military providers you and your family have seen. This is a cumbersome process that usually takes weeks to receive. However, it will give us a complete picture of the medical damages costs for your case from the private sector. We will claim for all your medical damages we can document.