Frequently Asked Questions

Please choose a question below.

• Why Otway, Russo & Rommel?
• You should choose Otway, Russo & Rommel because we understand that personal injuries require personal attention, the highest professional competence and adherence to the highest ethical standards. We will explain and prepare you for each step of the litigation process. To assess our winning track record, please read the biographies and representative case summaries of this web site.

  Problem Solving - We are called upon regularly by business clients to assist them in resolving disputes between co-owners, customers, contractors or others with whom they have a working relationship. Our goal is to define the best and most realistic outcome for the client and to achieve it with the smallest expenditure of resources and money while striving to preserve those aspects of the relationship valued by the client. We have had considerable success in this area.

• Do I have a case?
• Whether you have a case will depend on many facts which we will obtain during the initial interview, follow-up interviews and our investigation. When necessary, our attorneys will consult with leading experts to assess the strengths and weaknesses of your case and the strengths and weaknesses of the opposing party’s case. We will call upon leading experts in the field to testify on your behalf.
• What will it cost me?
• Initial consultations are free. We take most personal injury and medical malpractice cases on a “contingent” basis, meaning that we recover attorney’s fees only if our client makes a recovery; our fee is the customary one-third of the net total recovery by way of settlement or verdict. Our firm advances all costs to obtain medical records, investigative reports, and experts, as needed. At the conclusion of the case, our firm will be reimbursed for the costs it has expended.

  Our business clients are billed on an hourly or other basis.

• When do I have to file my case?
• If we accept your case, we will advise you of all important dates affecting your case, including the statute of limitations-the date by which you must file in a court of law or forever lose your claim. The statute of limitations applicable to your case depends on the type of case and other factors. We immediately determine the likely deadlines to preserve all of your potential rights against all potential parties.
• Where do I have to file my case?
• Where to file your case (jurisdiction and venue), is an important strategic decision. The law establishes options for filing your case depending on various factors, including the location of the collision or incident, where the defendant resides or does business, where a corporation has its principal offices, and whether the defendant is a resident or non-resident of Maryland. We will promptly determine the best available venue for your case, based upon all the available facts.
• My car was rear-ended. Why do I need an attorney to settle my case?
• You need an attorney to protect your rights, to prevent you from making statements that might inadvertently harm your case, and to ensure that you receive the damages to which you are entitled under the law. You need an attorney to make sure that key evidence is timely recorded and preserved. You need an attorney to defend you in a rear-end collision because there are defenses even to rear-end collisions such as the sudden emergency defense or claimed defects in the other driver’s car.

  You need an attorney because the insurance company will often claim (even if inaccurate) that your injuries preceded the collision, or could not have been caused by the collision given the amount of property damage, or that your treatment for the injuries was too costly or inappropriate. You need an attorney so that you do not resolve your case too early.

  Far too often, we hear stories about individuals who have settled their cases directly with an insurance carrier before the full extent of their injuries could be known. As a result, the ability to obtain the funds needed for further medical treatment was foreclosed. Some settle for too little, because they did not understand the various types of damages to which they are entitled. Others have inadvertently given away their rights to pursue certain types of claims by signing a broad general release. A family which settles an auto claim may discover that the automobile in which their relative was killed had defects without which the accident may have been survivable; if the family entered into a general release, such a release might bar any claim against the auto manufacturer; it might likewise bar any claim for any injuries that occurred as a result of any medical negligence in connection with any treatment necessitated by the collision.

• How will I be compensated for my injuries?
• As experienced litigators familiar with settlements and verdicts for key kinds of cases in various Maryland courts, we can tell you what awards have been given in comparable cases. Every case, however, is different and the presence or absence of a single factor can vastly change the equation. We will give you all of the facts you need to make an intelligent decision if an offer to settle the case is made. We will give you our recommendation whether to reject an offer and to proceed to trial. We will make sure that you understand all of the potential outcomes.
• How long does it take before my case is concluded?
• How well you are progressing medically after an incident, and whether you have reached maximum medical improvement is the most common and least controllable factor influencing when a case can be resolved before filing suit. A case should not be settled until probable future medical and economic needs are known. The relative strengths of the plaintiff’s vs. the defendant’s case is the most critical factor. The case is less likely to settle in advance of trial if the plaintiff’s case is weak and the potential defense strong. But in the current anti-litigation climate, even the strongest case may not settle until the trial date.

  Once a case is filed in the circuit court, it is usually scheduled for trial by the appropriate court within the next 8-10 months (jury trial). For a district court case, trial can be set in within 1-2 months, although there is a limit on the damages which can be awarded in that court.

• Do I need to hire a firm which has a paid physician or nurse on staff to win my medical malpractice case?
• In personal injury/wrongful death cases, we consult with the doctors who have actually treated our clients and frequently call upon them to testify regarding the nature and extent of our client’s injuries, the relationship between the incident in which they were injured and those injuries, and to discuss the future medical needs of our clients. When there is any complex medical issue, as in a personal injury case where the need for surgery is disputed, or cases involving alleged medical negligence, we determine, through research, who has the best education, training and reputation to address those complex issues. Firms with physicians on staff usually have those physicians review cases to determine whether the potential client’s records demonstrate medical error and to make a business decision whether to proceed.

  Our firm sends your medical records out for confidential, independent review by an outside expert who will give us an objective answer. If a case has merit, based on that expert review, we will tell you. If it does not, we will tell you. In short, an attorney does not have to be a physician to put on a winning case.

Medical Malpractice Frequently Asked Questions

• What is medical malpractice?
• Medical malpractice is negligence committed by a professional health care provider - a doctor, nurse, hospital, or hospital worker, dentist, technician, pharmacist, chiropractor- whose performance of duties deviates from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. Most medical malpractice cases are based on the concept of negligence, that is, that the patient was harmed because the health care provider failed to meet the required standards of skill and care, in accordance with generally accepted standards. Instances of malpractice might include cutting off the oxygen supply during surgery, misdiagnosing an injury because routine tests and procedures were not followed, or prescribing an illegal drug or one not approved for the patient’s condition.
• Does someone who is simply not satisfied with the results of surgery have a malpractice case?
• No. In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean that negligence occurred. To succeed in a medical malpractice case, a plaintiff has to prove that a medical injury or related damages resulted from: (1) the doctor’s deviation from the standard of care pertaining to the procedure; (2) which was the cause of the specific injury suffered. The mere occurrence of a bad result is not malpractice.
• How do I begin a medical malpractice lawsuit?
• If you think that you have a valid medical malpractice lawsuit, it is wise to seek out an attorney who specializes in medical malpractice. Medical malpractice is an extremely complicated are of law that raises many complex and intellectually difficult legal and medical issues. Because there are strict time limitations for filing such claims, and because of the length of time it may take to obtain the quality and number of experts needed, you are encouraged to contact an attorney for a free evaluation at your earliest opportunity. Otway, Russo & Rommel, P. C. prides itself on doing a timely and thorough investigation, in consultation with leading experts, to determine whether you have a case and, if so, the best strategy to obtain a successful legal outcome for clients and their families who have suffered a serious medical outcome or fatality.
• What does statute of limitations mean?
• The legislature of each state has determined and placed into the state’s laws the maximum time after the commission of a civil wrong that a lawsuit may be brought. In Maryland, the claim must be filed in the appropriate forum, along with supporting expert reports, within the EARLIER of five years from the date of the malpractice or three years from the date the victim knew or should have known of the malpractice. Other limitations may apply for injuries to minors. When the statute of limitations runs in a given case can often be determined only after consultation with the client and review of the pertinent medical records. Regardless of how strong the malpractice claim may be, if the suit is not initiated within the statute, then the suit cannot be brought.