Crashworthiness Doctrine
On Subrogation
Not every injury in a motor vehicle accident is caused by the crash itself. Under the crashworthiness doctrine, manufacturers may be held liable when a vehicle’s design or a defective safety feature increases the severity of the injuries during an otherwise survivable collision. On this week’s podcast, and break down the fundamentals of crashworthiness claims and specific cases that arose from it. Tune in as we explore how the crashworthiness doctrine means that while accidents are not planned, planning for motor vehicle collisions requires manufacturers to design for safety.
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Refresh: What Happens if the Defendant Dies?
On Subrogation
This week, join us as we revisit our episode on Deceased Defendants as a refresher! Original Air Date: January 7, 2021 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 suit is instituted to recover damages. Though this can prove to be a frustrating situation, 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. Steps and state requirements are discussed...
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Collision Avoidance Technologies: Automating Reasonable Care
On Subrogation
Each year, thousands of collisions result in injuries or deaths that could be mitigated by collision avoidance technologies. From basic forward collision warning systems to it’s a Teslas with autonomous driving modes to self-driving robo-taxis, automated technologies are becoming more and more common across vehicle types. But how do these new and evolving technologies impact civil law suits? The answer is, unlike these vehicles, not so automatic. On this week’s episode, and discuss the ever-evolving driver assistance technologies and how they have changed the landscape of...
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Refresh: If Cars Could Talk
On Subrogation
This week, join us as we revisit our episode on If Cars Could Talk as a refresher! Original Air Date: December 10,2021. 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...
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Distracted Driving
On Subrogation
Everyone should pay attention while driving, but cell phones, a crying baby in the back seat, checking for loose change, or trying to read a map, all work to shift a driver’s focus away from the road. When distraction is the cause of an accident, how can you prove your subrogation claim against the distracted driver? On this week’s episode, follow and and they discuss different types of distractions that have been the main culprit of an accident and just what evidence can be used when proving your negligence case.
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Refresh: Common Fund Doctrine- Sharing the Cost
On Subrogation
This week, join us as we revisit our episode on Common Fund Doctrine as a refresher! Original Air Date: November 21,2021. 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...
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Subpoena-ing Social Media Companies
On Subrogation
Everyone from your parents to your coworkers to local small businesses has some sort of presence on the internet, but can you use social media to locate tortfeasors in your lawsuits? Is social media an easy way to track down your defendants? The answer depends on the jurisdiction, and whether or not the courts there think that the social media company is shielded by the Stored Communications Act. On this week’s episode, and discuss obtaining information from social media companies, and how different jurisdictions apply the Stored Communications Act to social media...
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Refresh: Post-Judgment Executions: How to Secure Your Recovery After Judgment
On Subrogation
This week, join us as we revisit our episode on Post-Judgment Executions as a refresher! Original Air Date: October 29,2021. 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...
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Mediation as Therapy for Your Claim
On Subrogation
Mediation is a powerful tool in the subrogation process, offering a strategic opportunity to resolve claims efficiently while minimizing litigation costs. On this week’s episode, sits down with , as he details his career path and how years in the courtroom led to a private mediation firm. Matt explains how a good mediation can benefit both parties over litigation, personally and financially, and why a good mediator, like a good therapist, can lead to a successful outcome.
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Refresh: Arbitration Decision: The End… Or Is It?
On Subrogation
This week, join us as we revisit our episode on Arbitration and Post Decision Inquiries as a refresher! Original Air Date: October 15, 2021. When a liability decision cannot be determined between insurance companies, carries often turn to arbitration to pursue the case further in Arbitration Forums. Filing arbitration is a cost effective 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, , to discuss what exactly occurs when there is an error...
info_outlinePlaintiffs have to be able to prove their cases. It's true for individual litigants and subrogated carriers, but sometimes, you don't actually own your proof, you don't control it, and that can wreak havoc on your file. On this episode, Rebecca forces Steve to relive one such case, known around our office as "The Cheese Case," to tell the cautionary tale of what happens when you don't control your proof.