Statutes of Limitations – Are You SOL?

When is it too late to file a lawsuit for your damages?  There’s a stat for that!  The details, however, depend on a number of factors.  Join Rebecca and Steve as they discuss statutes of limitations and how the jurisdiction, type of claim, specific circumstances of the loss, and even whether or not arbitration applies can affect the timing in which you must bring your claim.  Make sure you aren’t late for this very important date!

Do No Fault Collisions Exist?

What does it mean to be in a No Fault state?  Does it really mean no one is at fault?  Join Rebecca and Steve as they dive into this often misunderstood area, where no fault doesn’t mean without fault, damages may not be damages, and being a “PIP squeak” is problematic.

Contribution Claims

Is there such a thing as too much coverage?  When more than one policy covers a claim, how can you determine which insurance company should pay what?  Join Rebecca and Steve as they discuss the contribution claims and how various states view the issue of multiple covering policies when complicated by other insurance clauses.

Res Ipsa Loquitur

Do you have a case in which you just KNOW the other party caused the damage, but you just can’t prove it?  Can’t you just use res ipsa loquitur?  The answer is, it’s not that simple.  Join Rebecca and Steve as they explain the requirements of asserting this legal doctrine, what it really means to assert it, and how the courts react to it.  For a thing that speaks for itself, this doctrine isn’t so easy.

Economic Loss Doctrine

What is the value of a faulty product?  If a faulty product causes damages to itself, can those damages be recovered?  Yes… maybe.  Join Rebecca and Steve as the guide you through the history and current trends regarding the Economic Loss Doctrine to find out!

Criminal Acts in Subrogation Files

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.

Parental Liability

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.

Releases

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.

Protecting the Claim File

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.