On Subrogation

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.

Refresh: Arbitration Decision: The End… Or Is It?

This week, join us as we revisit our episode on Arbitration and Post Decision Inquiries as a refresher! Original Air Date: October 15, 2021. When a liability decision cannot be determined between insurance companies, carries often turn to arbitration to pursue the case further in Arbitration Forums. Filing arbitration is a cost effective and timely way to make a final and binding decision and recuperate a speedy recovery. But is the award always the end? Not necessarily. On this week's installment, Rebecca [https://www.rathbonegroup.com/our-people/rebecca-w-wright/] sits down with arbitration attorney, Ana Zgela [https://www.rathbonegroup.com/our-people/ana-m-zgela/], to discuss what exactly occurs when there is an error made by the arbitrator or the panel. They discuss how an appeal can be submitted or when a complete refile is necessary, as well as when a post decision inquiry (PDI) is the right way to address errors found in the award.