There is no tougher subrogation case than one involving a loss that occurs during ongoing construction of a building or facility. When the loss is large, armies of competing attorneys, contractors, experts, forensic consultants and insurance adjusters can be expected on the scene within days if not hours.
Moreover, the insured is anxious to begin repairs so adjustment of the damages has to occur while a cause investigation is conducted at the same time. Without proper handling, the probability is very high that evidence will be destroyed or simply taken, or the scene will be altered such that defenses are created for those responsible for the loss.
But even before an insurer commits money and resources to experts and a cause investigation, contract documents need to be quickly reviewed by experienced legal counsel to make sure a waiver of subrogation or similar impediment is not contained in the contracts. Attorney Gillis has almost twenty years of experience dealing with this very scenario.
Manufacturing defects, design defects, failure to warn about a product’s tendencies – these situations account for the birth of many property insurance losses. The question is the fate of the resulting subrogation claim. Early intervention is the answer.
The evidence storage room at the Law Office of Kevin F. Gillis is full of every imaginable product and each represents subrogation dollars that an insurer will in all likelihood recover because the scene was preserved, the evidence was retained and the right experts were brought on board early.
When property damages or even physical injuries arise from fires and floods and other calamities it is important to have seasoned subrogation professionals on the case within 24 hours – and ‘on the case’ means a subrogation attorney at the loss site. Better still is a subrogation attorney who has a network of proven experts to call upon so that a cause and origin investigation can begin immediately.
We all know that even the best subrogation claims carry special challenges. Subro cases are like underdog sports teams – just about everything has to go right if there’s any chance of winning.
So, if your subrogation attorney doesn’t trade in his pinstripe suit for a hardhat and pair of work boots to personally inspect your loss site, to personally preserve your evidence, then your subro claim is already not as good as it could be – and that usually means a smaller recovery or no recovery at all.
An effective, comprehensive evidence management program to a subrogation claim is like water to a boat. It is not a luxury; it is a necessity…and it is something that this law firm focuses on like a laser. If you want to make one phone call or send a single email to protect the integrity of your subrogation claim by securing the loss scene and preserving the evidence, please consult our contact information. It is that simple.
Attorney Gillis is available 24/7 to investigate your loss and make quick, informed decisions about the allocation of resources vis-à-vis the likelihood of recovery. He has considerable experience in the collaborative management of loss scenes and evidence retention and preservation with all interested parties so that otherwise solid subrogation claims are not lost due to mismanaged events following the loss.