Experienced Attorneys For Subrogation Claims
When insurance companies pay out claims for a loss that isn’t the policyholder’s fault, they may seek compensation from the at-fault party to cover those costs. Often, that means pursuing another insurance company. Subrogation is only available if the policyholder isn’t at fault.
Navigating subrogation claims can be tricky. They may require litigation to fully recoup your costs. Experienced legal representation is essential for protecting your interests as an insurer.
At Gallagher Law Firm, our team understands the challenges of these claims. Led by attorney Benjamin Gallagher, who is a board-certified Civil Trial Specialist with more than 40 years of experience, we are effective advocates in subrogation cases nationwide.
Our attorneys have the knowledge and skills necessary to walk you through the maze of subrogation and into recovery.
Common Challenges In Subrogation Claims
Insurance companies often devote significant resources to defending against subrogation claims. Common challenges that may arise include:
Scene Preservation And Early Investigation
Early intervention is the key to cost-effective subrogation cases. When processing insurance claims, insurers must take swift, critical steps to safeguard any subrogation claims they may have against other parties. Those steps include:
- Conducting an initial investigation to quickly identify possible causes of the loss and preserve the scene
- Providing notice to the responsible parties and other parties who may have relevant evidence
- Conducting an in-depth scene evaluation with the appropriate experts
- Enlisting the right experts with the appropriate credentials to serve as credible witnesses
Preventing spoliation – that is, destruction or loss of evidence – is critical in these cases. Our lawyers can help you take swift steps to gather and preserve evidence.
Expert testimony is crucial in most subrogation claims, which often involve highly technical and scientific issues that aren’t easily understandable to the average layperson. Getting expert testimony admitted in court can be challenging, however. It’s common for defendants to raise Daubert attacks against expert witnesses. Named after the U.S. Supreme Court case that defined the criteria for expert testimony, these challenges require a robust response to safeguard the critical evidence that can make or break your case.
Types Of Subrogation Claims
Our attorneys handle subrogation cases involving all types of losses, including the following.
Subrogation For Fire Losses
With fire losses, swift processing of the fire scene is the first step for successfully pursuing subrogation claims down the road. You have only one opportunity to properly preserve a fire scene with qualified experts. Our team of attorneys and well-vetted experts can be on the scene of a fire loss within hours to ensure proper preservation, processing and destructive testing.
Water losses can require significant investment into the investigation to ensure remediation of all affected areas. Costs can mount rapidly. The source of a loss may have reached the end of its useful life. There may be warranty issues, site preservation issues and valuation issues, among others.
The lawyers and experts on our team are experienced with water loss subrogation claims. We take pride in delivering timely, concise and meaningful advice.
Water-soaked inventory from a broken sprinkler. Heavy construction equipment destroyed due to ignited hydraulic fluid spray. A water-damaged home from a defective water connection. These are but a few of the cases we have successfully prosecuted for our subrogation clients.
Cost-effective subrogation in the defective products arena can be a challenge. Defendants often raise the “economic loss doctrine” as a roadblock to recovery. We understand the nuances of that doctrine and how to overcome it whenever possible. We take pride in an innovative approach to these cases.
Motor Vehicle Collisions
With years of experience handling all aspects of motor vehicle collisions, our lawyers understand all aspects of these cases. Many claims involve insured drivers where liability is disputed; in others, the at-fault party is uninsured.
Proper investigation and communication enable us to better serve our clients to enable good financial decisions on how best to pursue subrogation.
Workers’ compensation laws can differ dramatically from state to state. Some states allow direct actions against the tortfeasor (at-fault party). Others provide for statutory reimbursement formulas from the plaintiffs’ settlement proceeds. Workers’ compensation subrogation can involve large loss claims with a tangled web of laws to negotiate for recovery.
You can rely on our team to untangle the laws in your state and pursue the right avenues for a successful subrogation claim.
Contact Our Experienced Subrogation Lawyers Today
Our lawyers are sensitive to the cost-benefit analysis that goes into deciding whether to pursue subrogation claims. We find unique angles to maximize recovery while minimizing expense.