Skilled Legal Guidance for Subrogation Claims Against Government Entities
Unique rules, procedures, jurisdictional issues and deadlines can make the subrogation of government entity claims extremely complicated. There is an incredible amount of variation in state subrogation laws for claims against government entities. Properly navigating this complicated subrogation process requires a legal team of subrogation-focused attorneys who practice in dozens of jurisdictions.
Rathbone Group’s understanding of these types of subrogation claims at the federal, state and local levels throughout the country maximize client chances of recovery. At the heart of this sector of insurance law is the Federal Tort Claims Act. While many states have modified this act via case law, understanding how to use this federal statute to the clients’ advantage is a particular skill of our subrogation law firm.
Understanding Subrogation Against Federal Government Entities
Until the Federal Tort Claims Act (FTCA) was passed in 1946, there was no legal avenue to recover loss from a liable party if said party was part of a government entity working within the scope of their government position at the time of the incident. The FTCA corrected this legal blind spot in theory, but comes with broad limitations that, in practice, make successfully subrogating against the government a serious undertaking.
Our attorneys understand how best to utilize the Federal Tort Claims Act in subrogation litigation against the federal government. The major obstacle in this branch of subrogation law is the Sovereign Immunity Doctrine, which limits the applicability of the FTCA.
Our legal team’s diverse points of view and creative litigation strategies help our clients overcome this obstacle. Nationwide experience in government subrogation keeps us poised to help clients hold government entities accountable in cases of tortious negligence.
Legal Services for State and Local Government Entity Subrogation
The Sovereign Immunity Doctrine is the complement to the FTCA that attempts to balance the scales, and it also applies in subrogation claims cases against local and state governments. Laws vary by state, but most have limits on the use of the Sovereign Immunity Doctrine. Others have limits on the power of the FTCA. For instance, in most jurisdictions, fire fighters cannot be held responsible for an incident under the FTCA if they were working within the scope of their employment, for obvious reasons.
Legal counsel familiar with the specific laws of the jurisdiction the subrogation suit was brought in is integral to maximizing your chances of recovering loss from a local or state government tortfeasor. Rathbone Group’s subrogation attorneys and legal network offer clients coverage nationwide for federal, state and local subrogation claims involving government entities.
Successfully Navigating Administrative Prerequisites in the Subrogation Process
RG is well-versed in the complicated procedures regarding when, how, and to whom to provide notice of a claim. The unique nature of the administrative deadlines and migrating statutes of limitations are repeatedly analyzed throughout the life of the claim.
The rigidity and specificity of statutes of limitations and deadlines make an understanding of state-specific subrogation laws even more valuable in government entity subrogation. RG files Federal Tort Claims Act demands and proceeds to suit after denials are received. Courts of claims, boards and commissions are utilized when appropriate. Monetary limitations and standards of care are addressed and explored.
Holding Liable Parties Accountable: Independent Contractor Involvement
A common defense to a subrogation claim against the government is the independent contractor defense. Our legal team uses this clause to our clients’ advantage by identifying the exceptions to the independent contractor defense in government subrogation.
RG understands the complexity of sovereign immunity arguments and explores exceptions and limitations in detail to maximize subrogation recoveries. Any employee’s actions outside the scope of employment are used to facilitate a recovery.
The Rathbone Group Advantage in Government Entity Subrogation
Our subrogation-focused law firm offers clients thorough, cost-conscious, creative legal services for difficult subrogation cases like government entity claims. Experienced, dedicated and attentive subrogation services maximize client chances of recovery, keeping them informed and in charge at every step of the subrogation process.