A lot of subrogation files deal with negligence, but what about those files where the tortfeasor did something on purpose? And what if she got caught? In this episode, Rebecca and Steve discuss the issues that arise when your subrogation file deals with a criminal act. Do you need a guardian ad litem? Can the tortfeasor plead the 5th in your civil case? From serving incarcerated tortfeasors and insureds to recovering on restitution orders, you’ll know what to expect when you have a criminal act in your file.
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 responsible for damages those children cause? Join Rebecca and Steve as they discuss the rule of sevens, the family purpose doctrine, sponsorship statutes, damages caps, and other issues affecting parental liability across the country.
You fought long and hard to reach a favorable settlement but now you are done. Just sign this release and… wait a second, what does it say? Why is it so long? What exactly are you agreeing to, anyhow? Join Rebecca and Steve as they walk you through the often long and winding road of settlement releases, and find out what language they have trouble letting go of in these important documents.
Do you have to turn over your client’s entire claim file in the discovery process? NO! Or at least, usually not. Join Rebecca and Steve as they discuss what can and cannot be protected via privilege, what probably has to go, and what you may want to disclose from the claim file to reach the best result in your subrogation case.
Do your friends and family wonder what it is you do all day? Or, is subrogation just a small or new part of your work and you’re wondering what you’ve gotten yourself into? Have you stumbled into this podcast by accident and wonder what it’s all about? Well, this is the episode for you! Join Rebecca and Steve as they get into the backstory of subrogation (and some of their own).
How does the type of negligence recognized in your state affect the outcome of your subrogation claim? If you are in a comparative negligence jurisdiction, will your claim be barred, or merely reduced? What even is contributory negligence? Join Rebecca and Steve as they work their way through these different negligence types, and explain how the jurisdiction’s treatment of negligence can impact your claim.