SUBROGATION

Our subrogation practice is dedicated to recovering insurance losses when third parties are to blame. We emphasize a quick and aggressive response, prevention of spoliation, coordination with adjusters, identification of potentially liable third parties, collection of information, preservation of evidence and aggressive litigation when necessary.

In all subrogation matters, it is vitally important to quickly and efficiently assess a claim in order to identify and advise our clients as to all applicable claims and risks associated with pursuing litigation pinpoint the strengths and weaknesses of a claim and determine whether it is in our clients’ best interest to proceed with litigation or abandon a claim.

In many subrogation matters, damages incurred by an insured party may be the result of a defective component or material. Early detection and preservation of evidence is pivotal not only because the evidence may be crucial to a claim, but all parties must be afforded a meaningful opportunity to inspect/evaluate evidence as well. The existence or availability of evidence must be established early in order to properly evaluate and determine the probability of success in any given claim.

Unlike a fine wine or priceless art, subrogation lawsuits do not improve with age. This is especially true when gathering information from eyewitnesses and progressing cases to resolution. Statements of eyewitnesses, insurance adjusters and other expert witnesses must be compiled as soon as possible in order to ensure the most reliable testimony for use at trial. Similarly, the settlement value of subrogation lawsuits diminish as the expenses associated with litigation increase over time, making an early cost-benefit analysis critical to obtaining maximum value for our clients.

Above all, our primary objectives at Bromagen & Rathet are protecting the interests of our clients and obtaining the best possible results allowed by law.

FLORIDA AUTOMOBILE SUBROGATION: THE NUTS AND BOLTS

Every year there are more than seven million auto accidents in the United States with a financial toll of more than $300 billion. Nearly three million people are injured and 42,636 people are killed. In the overwhelming majority of these accidents there is at least one party at fault. For virtually every one of these accidents, a policy of automobile insurance provides some sort of claim payments or benefits. In the vast majority of those claims, one or more insurance policies and/or applicable state law grants the insurer a right of subrogation against a negligent third party whose carelessness caused the accident.

However, because of the myriad, overlapping, and even contradictory state laws regarding automobile insurance and subrogation, the responsibility for national auto subrogation becomes virtually unmanageable without proper training.

Click here for a link for the webinar is:

https://www2.gotomeeting.com/register/408118666

COLLECTIONS

Judgments can be worth a great deal of money or as worthless as the paper upon which they are written. A number of factors must be considered when pursuing collection of a judgment. This is especially true in the state of Florida because the law protects debtors, to a certain extent, by exempting certain property and assets from collection. Some examples of property and assets exempted from collection include homestead property, certain wages, life insurance proceeds, workers’ compensation benefits and educational funds. The manner in which real property and business property are titled to their owners may protect the property from execution as well. In order to execute a judgment on a debtor’s property, a creditor must locate, specifically describe and list the non-exempt property before the sheriff will levy the property.

Collection of debts and execution of judgments are governed by various federal and state statutes and civil procedure rules in Florida and creditors are required to follow the guidelines contained in the federal Fair Debt Collection Practices Act and the Florida Consumer Collections Practices Act. 

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