Subrogation Practice Areas
Successful Subrogation Pursuit Against Government Entities
Unique procedures, jurisdictional issues and deadlines can make the subrogation of government entity claims extremely complicated, but Rathbone Group’s organized database and experience pursuing these entities makes this easy for its clients.
Unique rules, procedures, jurisdictional issues and deadlines make the subrogation of government entity claims extremely complicated. Throw in the fact that every jurisdiction has its own requirements to bring such claims and the need for experienced subrogation counsel becomes readily apparent.
Government Entity Pursuit at All Levels of Government
At Rathbone, we pursue government entity subrogation claims at the federal, state and local levels. Subrogation claims against the federal government proceed under the Federal Tort Claims Act (“FTCA”). Subrogation claims against states and localities proceed under each state’s own tort claims act, sometimes referred to as mini FTCA’s.
Navigating Sovereign Immunity arguments
Some states, however, completely bar any subrogation suits against the government under the doctrine of sovereign immunity. Others bar subrogation suits against some parts of the state government while allowing claims against more local entities to proceed. Some jurisdictions allow subrogation, but provide monetary limitations to the claims. Rathbone understands the complexity of these various sovereign immunity arguments and explores exceptions and limitations in detail to maximize subrogation recoveries.
Specific Notice Requirements Complicate Subrogation Recovery
Regardless of whether the claim is federal, state or local in nature, as they arise from statute, the statute must be followed exactly at each step in order for the subrogation claim to go forward. The rigidity and specificity of these statutes makes an understanding of state-specific subrogation laws a prerequisite to practicing in this area. As opposed to subrogation suits against non-governmental parties, specific pre-litigation notices must be given to the alleged wrongdoer within a certain time and through a certain method. Failure to do so will result in an absolute bar of your subrogation claim.
Tracking of Deadlines is Key to Successful Subrogation from a Government Entity
Rathbone’s claims system provides special tracking of government entity claims to be able to track notice deadlines as well as the subsequent applicable statute of limitations. We are also adept at navigating the federal government’s requirements for wet ink signatures.
Research Compiled Across all Government Jurisdictions
As must be apparent, having experienced counsel is almost a perquisite to bringing a successful subrogation claim against a governmental entity. At Rathbone, we know all the potential pitfalls that could result in an otherwise valid claim being dismissed on procedural grounds. Rathbone constantly updates its 50 state research, allowing us to remain aware of any changing laws regarding waiver of immunity, notice deadlines or requirements, and any applicable statute of limitations.
Subrogation Litigation Experience With All Defenses
Once a subrogation claim against the government has survived on procedural grounds, the case proceeds like a subrogation case against a non-governmental entity with the burden on the Plaintiff to prove the Defendant was negligent. Rathbone’s legal team’s diverse points of view and creative litigation strategies render us poised to assist clients in holding government entities accountable in subrogation cases for tortious negligence. Rathbone attorneys are well versed in the defenses the government may raise in a subrogation suit against them. From the outside the scope of employment doctrine and the independent contractor doctrine to the contributory and/or comparative negligence doctrines, Rathbone’s experienced, dedicated and knowledgeable attorneys know how to overcome such defenses with unique, innovated and tried and true arguments.
Successfully bringing a subrogation claim against the government, like anything when the government is involved, is a difficult task filled with hidden risks and potential problems. Rathbone attorneys know those risks and recognize those problems and are well equipped to assist clients in the prosecution of such claims.