Chicago, IL General Civil Litigation Subrogation Lawyers
Skilled Guidance Defending Subrogation Recovery Claims in Illinois and Nationwide
Subrogation is a simple concept, but can get quite complex in execution. With over 100 years of collective experience in insurance law across a wide range of industries, the award-winning attorneys at Brady, Connolly & Masuda, P.C. have a strong track record of successfully handling general civil litigation subrogation actions.
Subrogation occurs when one party owes a second party money and a third party pays the bill. Then, the third party attempts to collect the debt from the first party. This is most common when an insurance company pays a person for damages inflicted by a reckless or negligent entity. For example, insurance companies typically pay the medical expenses of an injured party they insure so they can receive the immediate care they need. However, if the injury is the result of the negligence or recklessness of another party, the insurer may file a claim to recover damages paid.
Before the third party (the subrogee) can bring the suit, however, the right to sue must be transferred from the second party (the subrogor) to the third party. That transference is called subrogation. Specifically, the third party becomes subrogated to the right of the second party to sue for damages, meaning they step in and execute the suit in place of the second party.
Defending Against a Subrogation Action
If a subrogation action is valid, the actual defending begins. By becoming subrogated to the injured party, the subrogee is limited to only relying on those rights that the subrogor would have had if they were the ones pursuing the lawsuit. This also means that any defense that could have been raised against the subrogor may also be raised against the subrogee.
The amount and measure of recoverable damages can also be contested. The standard is that the subrogee attempts to obtain every dollar it paid out to the subrogor (or more), but there are several reasons that amount may be questionable:
- It may be that the initial payout was inflated for a variety of reasons.
- It may be that the damage claim was poorly documented, and the data currently available indicates a lower level of damages.
- There may be a significant difference between what the subrogee paid and what is actually pursuable in the jurisdiction. (For example, if the subrogee paid full-replacement-cost value for a room full of damaged property, but the jurisdiction only allows a suit for the reduction in market value of those items.)
Contact Skilled Civil Litigation Defense Lawyers
If you are involved in a subrogation action, you need skilled attorneys with an in-depth knowledge of this area of the law. At Brady, Connolly & Masuda, P.C., we have a large team of attorneys and support staff. Leveraging our extensive experience and vast resources, we work rapidly and thoroughly to prepare a rock solid defense, often before the plaintiffs are fully prepared with their arguments. This proactive approach puts our clients in a strong position to settle the case quickly and at a lower cost.For a personalized consultation with one of our seasoned Illinois general civil litigation subrogation attorneys, contact us today at 312-425-3131. From our offices in Chicago and Bloomington/Normal, we provide skilled representation for clients based in Illinois, Missouri, Wisconsin, and throughout the country.