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Seat Belt Defense: Using Tangible Evidence to Prove Your Subrogation Damages

On Subrogation

Release Date: 12/17/2019

What Happens if the Defendant Dies? show art What Happens if the Defendant Dies?

On Subrogation

It’s an unfortunate situation all around. A defendant commits a wrongful act, causing injury, death or property damage to the plaintiff, and then the defendant dies before or during the suit to recover damages. Though this situation can prove to be frustrating, the claim lives on even if the tortfeasor does not. On this week’s installment, and discuss options that the plaintiff has in filing suit against a deceased tortfeasor, and how to handle the legal proceedings if the defendant dies mid-suit. Steps and state requirements are discussed which allow one to bring suit against the...

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Parental Liability show art Parental Liability

On Subrogation

Today's episode is a rebroadcast of an episode we originally published on January 1, 2019.  We will be back with new episodes in two weeks. You may not be your brother’s keeper, but what about your child’s?  Parents are responsible for their children’s well-being, of course, but are they legally liable  for damages those children cause?  Join and as they discuss the rule of sevens, the family purpose doctrine, sponsorship statutes, damages caps, and other issues affecting parental liability across the country.

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If Cars Could Talk show art If Cars Could Talk

On Subrogation

Recorded statements, police reports, and even pictures are not always the best sources for learning the whole story about a collision.  But what if the cars could talk?  Thanks to Event Data Recorders, Advanced Driver Assistance Systems, and Infotainment Systems, they can.  These technologies record a lot of data about what happened, and what didn’t happen, at the time of an accident – but can they help your subrogation claim? On this week’s installment, is joined by , Project Engineer at who specializes in motor vehicle accident investigation and reconstruction. Rebecca...

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Virtual Hearings- The New Normal show art Virtual Hearings- The New Normal

On Subrogation

With Covid-19 still an all-too familiar disruption to our normal day, virtual appearances have become the new normal when conducting hearings, , depositions, mediations, and even trials.  In some jurisdictions, it looks like these methods are here to stay, so understanding how to best handle these virtual appearances is necessary, and failing to do so has real, and sometimes, ethical consequences. On this week’s installment, and share some positive and negative experiences from their own virtual appearances, and you’ll hear from fellow attorneys Demian and Lobes, as we all learn...

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Common Fund Doctrine- Sharing the Cost show art Common Fund Doctrine- Sharing the Cost

On Subrogation

The Common Fund Doctrine seems simple enough – it focuses on sharing the costs to obtain a recovery fairly.  Those who will benefit from the common fund of the recovery must share in the cost of obtaining it.  Just like the Made Whole doctrine, though, it can feel unfair when a personal injury attorney seeks to reduce the subrogation recovery for seemingly no reason.  On this week’s installment, is joined by fellow attorney, Sullivan to discuss when the Common Fund Doctrine applies, and how to figure how much, if any, it will reduce your subrogation lien.  

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Post-Judgment Executions: How to Secure Your Recovery After Judgment show art Post-Judgment Executions: How to Secure Your Recovery After Judgment

On Subrogation

You’ve fought the hard fight and prevailed, securing a judgment. The hard part is in the past, right? Not necessarily. Obtaining recovery against an uninsured or underinsured tortfeasor can be an uphill battle. In all areas of subrogation, thousands of dollars in unpaid judgments go untouched and sometimes expire. This does not have to be the case. Once you secure a money judgment, you have a right to obtain a recovery, via liens, garnishments, suspensions, and other means. In this week’s installment, join and as they help navigate the options to securing your hard earned recovery from a...

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Arbitration Decision: The End… Or Is It? show art Arbitration Decision: The End… Or Is It?

On Subrogation

When a liability decision cannot be determined between insurance companies, carriers often turn to arbitration to pursue the case further in Arbitration Forums. Filing arbitration is a cost effect and timely way to make a final and binding decision and recuperate a speedy recovery. But is the award always the end? Not necessarily. On this week’s installment, sits down with arbitration attorney, Zgela, to discuss what exactly occurs when there is an error made by the arbitrator or the panel. They discuss how an appeal can be submitted or when a complete refile is necessary, as well as when...

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Shedding Light on Power  Utility Claims show art Shedding Light on Power Utility Claims

On Subrogation

Electric Utility distribution systems all work as part of a massive infrastructure transporting energy from Generator to End User. Whether installed overhead, underground, or a combination of both, these major structures could cause issue as much as they provide energy. Fire, injury or even death could be the result of a damaged power line. But who is at fault? On this week’s episode, join and as they shed some light on how these utility pole cases differ from state to state, and who should be held responsible in the event of a mishap.

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The eNotary Solution: Notarizing Documents In a Socially-Distanced World show art The eNotary Solution: Notarizing Documents In a Socially-Distanced World

On Subrogation

Much to everyone’s dismay, the hassle and disruption of Covid-19 on our everyday lives is still all-too familiar. As it had in almost every aspect of people’s lives worldwide, Covid-19 projected disruptions in the day-to-day handling of files within the subrogation industry. One task became infinitely harder:  notarizing documents.  As companies travel bans and limited face-to-face contact to help limit the spread of COVID, our clients asked for help, wondering, how can we notarize important documents, including releases and affidavits.  On this week’s installment, and ...

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Contributory Negligence: Recovery is Possible show art Contributory Negligence: Recovery is Possible

On Subrogation

Contributory negligence is a legal standard that bars a plaintiff from recovering damages if they contributed to their injury. As little as 5% negligence can bar an injured party from recovery in some states, while other states choose not to follow the statute as strictly.  In contributory negligence jurisdictions, defendants are often quick to provide reasons they should not be held liable for the damages they cause, but recovery is possible. On this week’s episode, speaks with attorney Wilk, who handles subrogation cases in 3 of the five U.S. jurisdictions that apply a contributory...

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More Episodes

You’ve probably heard this before: “Wait!  You can’t sue for your insured’s medical damages.  She wasn’t wearing a seat belt and that’s against the law!” All but one U.S. state have laws requiring occupants of motor vehicles to wear seat belts, and at least 15 of them recognize the seat belt defense.  In this episode, Rebecca sits down with Michael Markushewski, Chief Technical Officer at ARCCA, to talk about how you can use more than your insured’s statements to respond to this defense, what kinds of seat belts actually provide protection and in what types of collisions, and how this kind of research arose out of helicopter ejection seats and professional hockey players.

Want to see more?  Head to our YouTube channel for a video on Seat Belts and Subro: How Vehicle Restraints Affect Damages.

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