James E. Foerstner's Profile Image

James Foerstner

Phone: (267) 546-1008
Fax: (267) 546-1039

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I offer you the benefit of over twenty-five years of legal experience, including courtroom skills earned during years spent as a prosecutor, defense attorney, and plaintiff's attorney. In these varied roles, I have developed the ability to analyze cases from every perspective, a skill that has proved invaluable to the clients I have represented.  My philosophy is, “A skilled lawyer should be able to successfully argue a case from both sides; without this thought process there is no rational analysis.” My experience as a prosecutor makes me a better criminal defense attorney, and my time defending medical malpractice cases has honed my skill working on behalf of personal injury and medical malpractice clients.

I dedicate this practice to people who have been seriously injured by medical malpractice or negligence of others, including auto accidents, premises liability, and defective products.  These can be devastating injuries, and the stress of dealing with insurers and the legal process can make a difficult time even more overwhelming. I am motivated by the desire to help each client return to as normal a life as possible following their injury. With an emphasis on "quality over quantity," I deliberately limit my caseload so each client and each case receives the attention needed.

With clients' interests uppermost in my mind, I have achieved excellent outcomes at trial or in settlement for all clients. In the past years, I have obtained multiple verdicts exceeding one million dollars, including two of the top 50 medical malpractice verdicts in the state of Pennsylvania between 2004 and 2008. In 2007 and 2009, I won two of the top medical malpractice verdicts in the state of Delaware. In addition, I have secured several confidential multimillion dollar settlements on my clients' behalf prior to trial.  For most clients, the cases are about fairness, not about money,  but fair compensation is still necessary to put their lives back together.

Colleagues have said that I am a dogged and tenacious advocate for clients.  Lengthy experience and relationships with trusted experts allow me to anticipate what a client's medical and financial needs will be and what a case is worth. Because of diligent case preparation, I am often able to negotiate settlement offers for clients that will address their needs and spare them the stress of trial. However, if the responsible parties refuse to offer adequate compensation for a client's injury, I will not hesitate to try the case. 

I offer clients personal support throughout their cases, along with powerful advocacy. Sometimes the best results come when little or no money has been offered in settlement.  In more than one medical malpractice case in which a doctor refused to accept responsibility or insurance company refused to settle, the case was tried and won with a series of victories that were the highest recorded in the states of Pennsylvania and Delaware. 

I have had the professional privilege of lecturing on a variety of legal topics, including trial tactics, mediation in medical malpractice, preservation of evidence, and developments in personal injury and medical malpractice law.

In my spare time, I enjoy designing and building reproduction 18th century furniture. I am also involved in competitive shooting sports, scuba diving, and fly fishing. 

Education

  • Cleveland-Marshall College of Law, Cleveland State University, Juris Doctor, 1989
  • Saint Francis University, Bachelor of Arts, 1981

Admissions to Practice

  • Pennsylvania (1997)
  • Ohio (1989)
  • United States District Court Eastern District  of Pennsylvania (1999)

Professional Associations

  • Judge Pro Tem, Philadelphia Common Pleas Court
  • American Bar Association
  • Pennsylvania Bar Association
  • Philadelphia Bar Association
  • Super Lawyers, 2013-2014

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