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Corey Kozachenko

Subrogation recoveries can often become an afterthought in the insurance industry. However, in large loss subrogation cases, retaining subrogation counsel early may help carriers maximize their recovery. These cases involve significant financial stakes and complex investigations, making the involvement of experienced counsel crucial in ensuring the proper steps are followed in the event of litigation.

One of the primary benefits of involving counsel early in a subrogation claim is the prevention of evidence spoliation. Early intervention by counsel allows for immediate action to secure and protect crucial evidence. Experienced subrogation attorneys understand the importance of preserving physical evidence, documentation, and witness statements, ensuring that critical information is not lost or destroyed. Too often, subrogation counsel is retained many months or even years after the initial claim was processed by the carrier. By involving counsel early, issues such as faded witness memories or physical scene changes can be mitigated, as counsel anticipates litigation.

Moreover, early involvement of counsel enhances the quality and depth of the investigation, setting the stage for a strong subrogation case. Subrogation investigations can be intricate and require specialized knowledge. Retaining the right experts becomes crucial in building a solid case. Experienced subrogation attorneys have established relationships with experts and know which professionals will be the right fit for each specific case, ensuring that the  investigation is thorough and comprehensive.

Negotiations play a crucial role in subrogation cases, often determining the ultimate recovery amount. Early involvement of counsel equips insurance companies with skilled negotiators who understand subrogation law and have experience in settlement discussions. Counsel can assess the strength of the case, identify potential defenses, and leverage this knowledge during negotiations. Their legal expertise facilitates fair and comprehensive settlements, maximizing recovery potential. Additionally, if the case proceeds to litigation, early involvement of counsel ensures a solid foundation for a strong legal argument and effective representation in court.

Involving counsel early in large loss subrogation cases offers a range of benefits that protect the investigation and enhance recovery potential. From preserving evidence and ensuring compliance to providing specialized expertise and legal analysis, counsel plays a vital role in safeguarding the integrity of the investigation and of the overall claim. By leveraging the experience and skills of counsel, insurance companies can navigate complex legal issues, make informed decisions, and pursue optimal recovery outcomes. Early involvement of counsel sets the stage for a robust subrogation case and maximizes the chances of successful recovery.