How long do I have to file a lawsuit?
The law provides a period within which lawsuits must be filed, which is called a "statute of limitations" and can vary from a short time to several years. The statute of limitations for your case will depend upon the nature of your claim, the state or country where the incident giving rise to it occurred, and the federal or state laws governing the action.
In addition, certain federal and state laws require a party wishing to file a lawsuit to comply with certain presuit notice or other requirements within a shorter time period than allowed by the statute of limitations and certain laws, known as "statutes of repose," set an absolute deadline from the date a product is manufactured or an incident occurs for a lawsuit to be filed.
As these legal deadlines and requirements become more complex due to "tort reform," it is important for people who are injured or who suffer a violation of their rights to contact an attorney as early as they can to best protect their interests.
Under my contingent fee contract, what will I owe Rossman, Baumberger, Reboso & Spier, P.A. for legal fees and costs if there is no recovery in my case?
Under the contingent fee contract we offer our clients, we advance the complete costs of the litigation and are reimbursed in the event of a successful recovery. If we obtain no recovery for you, you owe us nothing in fees or costs.
What should I bring to our initial conference?
You should bring all records associated with your case that are in your possession, including medical records, police reports, incident reports, medical bills, photographs, and the like. This will allow us to give you a prompt initial evaluation of your case.
How long will it take to bring my claim to a conclusion?
This answer depends upon the unique facts of each particular case. Some cases can be settled early on, others require several years of extensive litigation and sometimes a trial to obtain a result. We at Rossman, Baumberger, Reboso & Spier, P.A. are committed to obtaining a fair, reasonable recovery for each client we represent.
What is my case worth?
No lawyer can honestly determine the value of your case from an initial phone conversation or even conference. The value of a claim is dependent upon a variety of factors, including the extent of liability by the wrongdoer(s), the significance of the harm caused, and the gravity and permanency of the injuries or damages suffered. We at Rossman, Baumberger, Reboso & Spier, P.A. draw upon over a century of collective experience in handling lawsuits and claims in evaluating our clients' claims.
Will my case go to trial?
Many cases settle well before trial, some settle just before trial, and others go through a full trial. At what stage your case resolves will be dependent upon a variety of circumstances, but rest assured, while the lawyers at Rossman, Baumberger, Reboso & Spier, P.A. will give you their best advice on whether to settle or go to trial, the decision is always the client's to make.
What is a lien?
A lien is a right given to a third party, usually a hospital or health insurance carrier, to be reimbursed for medical or other benefits for which a recovery is made from the person responsible for the injury. This right is based upon state law, local ordinance, or your insurance policy. In some but not all cases, such liens may be reduced through negotiation by your lawyer.
What is "tort reform"?
"Tort reform" is the name given to a political and legal movement by special interests including corporate America and big business, insurance companies, and HMOs, hospitals, and doctors to restrict your right of recovery from them should you suffer an injury or violation of your rights as a result of their negligence or misconduct.
Over the years, "tort reform" proponents have successfully lobbied legislatures and are currently lobbying the United States Congress, for example, to limit the amount of pain and suffering and punitive damages that can be awarded against them, to restrict the time period within which claims may be filed (including wholly foreclosing certain product liability claims against airplane manufacturers), to discourage claims for nursing home abuse by imposing limitations and restrictions on these actions, and to close the courthouse doors to plaintiffs by enforcing or requiring arbitration of claims. Such "tort reform" restrictions were passed with promises such as lower insurance rates, which never materialized and constitute an ongoing and unfair restriction of your rights in exchange for greater corporate profit and immunity from wrongdoing.