Loss Analysis and Subrogation

Subrogation has been a core practice of our firm for over 80 years. It levels the playing field between injured parties and tortfeasors and is a bulwark against a “no-fault society”. Members of GKASN have been thoroughly investigating, smartly evaluating and aggressively pursuing responsible third-parties parties in New York, New Jersey, Connecticut, Pennsylvania, Florida and elsewhere.

We do not treat subrogation matters as if they are second class lawsuits. The “50% rule” is not a rule to us, and we push back when any defense counsel, judge, arbitrator or mediator adopts that dated concept. Subrogation claims are evaluated on their merits, after the facts are known, legal theories considered and the availability of a recovery are all known. Then, we consult with our clients so that everyone is on the same page. Our approach is tempered by pragmatism because the costs of pursuing some subrogation matters can be substantially higher than others. Risk and reward is central to our analysis and we are not shy about discussing the demerits of a case; not just its merits.

Though a smaller firm than some who tout their subrogation prowess, we have been leaders in large, multi-party subrogation matters. We have been a member of the lead plaintiffs’ committee in multiple large lawsuits, including, the Passaic Fire Litigation where we recovered over $26,000,000, as one example. In another, we have successfully pursued and obtained over $100,000,000 for Consolidated Edison and its insurers in the Seven World Trade Center 9/11 litigation. There have been other such recoveries. But we don’t just seek the large subrogation matters, as some firms do. If it makes sense for the client, we will handle a $10,000 matter just as we would a $10,000,000 matter.

Earliest involvement in a loss is a key to successfully identifying and pursuing subrogation recoveries. Firm members are available on a moment’s notice to help client’s investigate potential subrogation. Some clients have established a requirement that we be notified of any loss in our area of practice exceeding a fixed dollar amount so that all avenues of recovery are explored. However, there is often valuable subrogation potential in existing files and even those which have been closed. We have been asked by some clients to review their closed files to see if subrogation opporuntities have been overlooked. There is no cost for this review, and both the clients and the firm can benefit.

Like other litigation, the timing and retention of appropriate forensic experts is often a key to a successful recovery. In many cases, an expert has already been assigned, but, if not, we are available to help identify the person with the right expertise, either for your adjusters or we can retain those experts in matters assigned to us. In some cases, additional expertise is required to really make the case and improve subrogation potential. We have experience with experts in many fields and know which ones to avoid. We also have the resources to identify experts in other fields, where they are needed.

We would like to use our subrogation expertise for your recoveries. We would welcome the opportunity to discuss handling your subrogation matters and to answer any questions you might have.

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