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 a government entity. 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.
Subrogation against Federal Government Entities
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.
Legal Services for State and Local Government Entity Subrogation
The Sovereign Immunity Doctrine 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. 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.
Successfully Navigating Administrative Pre-requisites 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.
Jurisdiction
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 SubrogationOur 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.