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Importance of a Comprehensive Investigation in Subrogation

When losses occur due to another party’s negligence, insurance companies and self-insured entities have a right to pursue claims. The Fusselman Law Firm, P.C. has extensive experience in guiding both insurers and self-insureds through the complexities of subrogation and recovery claims. While the concept is straightforward, successfully recovering funds often hinges on a crucial factor: a comprehensive investigation.

Top 3 Benefits of a Comprehensive Investigation

A thorough investigation strengthens a subrogation claim in several key ways:

1. Supports Liability Assessment

A robust investigation uncovers critical evidence to establish fault. This could include tangible proof like product defects, maintenance logs, or safety violations. In complex cases, tapping into the expertise of engineers or accident reconstruction specialists can provide the technical insights needed to build an airtight case against the responsible party.

2. Preserves Critical Evidence

Time is of the essence after a loss occurs.  Promptly securing detailed witness accounts ensures reliable and fresh recollections before memories fade. Similarly, documenting the scene with detailed photographs and videos captures conditions and potential causes that could change or deteriorate over time. If possible, safely preserving the damaged property allows experts to analyze it, further solidifying the claim.

3. Aids Claim Evaluation

A thorough investigation helps look beyond the immediate, obvious damages. It allows for factoring in less tangible losses like business interruption costs, lost revenue, or the need to replace damaged equipment.  Additionally, understanding the specifics of both the insurance policy and that of the at-fault party ensures the claim is structured for success and targets the maximum recoverable amount.

Key Elements for Success

A meticulously conducted subrogation investigation is paramount for ensuring the success of a claim. This process, when executed effectively, comprises several critical elements, each contributing to a comprehensive understanding of the incident and bolstering the strength of the claim. Here’s a view of these key steps:

1. Scene Examination (if applicable)

A thorough examination of the incident scene uncovers crucial evidence about potential causes. Photographs, videos, and physical remnants provide tangible records essential for reconstructing events and establishing causality.

2. Witness Interviews

Prompt interviews with witnesses capture accurate recollections of the event, providing diverse insights into the incident’s sequence and contributing factors.

3. Document Review

Analyzing contracts, policies, maintenance records, and other pertinent documents identifies potential liabilities and obligations, forming the backbone of a successful subrogation claim.

4. Expert Consultation (complex cases)

Consulting with experts, such as engineers or accident reconstruction specialists, offers invaluable insights into causation and supports the claim’s foundation with scientific analysis.

Integrating these key elements into the investigation process enhances the ability to comprehensively assess and pursue a subrogation claim. For further insights into optimizing the quality of pre-suit subrogation investigations, read “3 Ways to Improve the Quality of Pre-Suit Subrogation Investigations”.

The Fusselman Law Firm, P.C.: Your Subrogation Partner

At The Fusselman Law Firm, P.C., we recognize the power of a thorough investigation in building a subrogation case. Our experienced subrogation attorneys will meticulously analyze the facts, pinpoint responsible parties, and fight aggressively to recover the compensation you deserve. If you have a potential subrogation claim, don’t let time or evidence disappear. Our focus on detail and commitment to excellence ensure we protect your interests. Contact us today to schedule a consultation and get started.