On Subrogation

Distracted Driving

Everyone should pay attention while driving, but cell phones, a crying baby in the back seat, checking for loose change, or trying to read a map, all work to shift a driver's focus away from the road. When distraction is the cause of an accident, how can you prove your subrogation claim against the distracted driver? On this week's episode, follow Rebecca [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] and Steve [https://www.rathbonegroup.com/our-people/steven-alsip/] and they discuss different types of distractions that have been the main culprit of an accident and just what evidence can be used when proving your negligence case.

Refresh: Common Fund Doctrine- Sharing the Cost

This week, join us as we revisit our episode on Common Fund Doctrine as a refresher! Original Air Date: November 21,2021. The Common Fund Doctrine seems simple enough – it focuses on sharing the costs to obtain a recovery fairly. Those who will benefit from the common fund of the recovery must share in the cost of obtaining it. Just like the Made Whole doctrine, though, it can feel unfair when a personal injury attorney seeks to reduce the subrogation recovery for seemingly no reason. On this week's installment, Rebecca [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] is joined by fellow attorney, Jason [https://www.rathbonegroup.com/our-people/jason-sullivan/] Sullivan to discuss when the Common Fund Doctrine applies, and how to figure how much, if any, it will reduce your subrogation lien.

Subpoena-ing Social Media Companies

Everyone from your parents to your coworkers to local small businesses has some sort of presence on the internet, but can you use social media to locate tortfeasors in your lawsuits? Is social media an easy way to track down your defendants? The answer depends on the jurisdiction, and whether or not the courts there think that the social media company is shielded by the Stored Communications Act. On this week's episode, Rebecca [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] and Steve [https://www.rathbonegroup.com/our-people/steven-alsip/] discuss obtaining information from social media companies, and how different jurisdictions apply the Stored Communications Act to social media companies and the information they possess, as well as steps to prepare subpoenas and the information that is required for a successful request

Refresh: Post-Judgment Executions: How to Secure Your Recovery After Judgment

This week, join us as we revisit our episode on Post-Judgment Executions as a refresher! Original Air Date: October 29,2021. You've fought the hard fight and prevailed, securing a judgment. The hard part is in the past, right? Not necessarily. Obtaining recovery against an uninsured or underinsured tortfeasor can be an uphill battle. In all areas of subrogation, thousands of dollars in unpaid judgments go untouched and sometimes expire. This does not have to be the case. Once you secure a money judgment, you have a right to obtain a recovery, via liens, garnishments, suspensions, and other means. In this week's installment, join Rebecca [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] and Steve [https://www.rathbonegroup.com/our-people/steven-alsip/] as they help navigate the options to securing your hard earned recovery from a less than cooperative Defendant.

Mediation as Therapy for Your Claim

Mediation is a powerful tool in the subrogation process, offering a strategic opportunity to resolve claims efficiently while minimizing litigation costs. On this week's episode, Rebecca [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] sits down with Matt Arriaga, Certified Mediator with Arriaga Mediation, PLLC [https://url.usb.m.mimecastprotect.com/s/suSSCjAWlvCpkyPiRhqFmLkuS?domain=mediateanyconflict.com/], as he details his career path and how years in the courtroom led to a private mediation firm. Matt explains how a good mediation can benefit both parties over litigation, personally and financially, and why a good mediator, like a good therapist, can lead to a successful outcome.