There are several reasons spoliation is immediately claimed by an adverse party of an insurance carrier. We will discuss some major reasons why it can be avoided.
Ohio Animal Liability
This post will discuss investigating a subrogation claim involving Ohio Animal Liability and how to prevail against the owner and/or keeper of the animal.
Admissibility of Police Reports
A police report is inadmissible (aka hearsay) unless it meets one of the exceptions enumerated in the rules of evidence. Let's discuss what that means referencing automobile accidents, as most car accidents that end up in litigation are disputed liability.
Intentional and Negligent Spoliation of Evidence
Spoliation of evidence generally involves the destruction of evidence that is relevant to a civil action that results in harm to a party’s case. Some states recognize it as a separate cause of action, which means that it can be a claim separate from the underlying case.
Assessing Damage to Personal Property Without Market Value
There are hundreds of cases and articles addressing how to assess damage to real and personal property. Using highly calculated formulas, the discussion typically focuses on how to determine market value of real property. Though beneficial to assess real property, these discussions fall short when they fail to address how...
Actual Cash Value and Replacement Cost Value
Actual Cash Value (ACV) and Replacement Cost Value (RCV) are based on the current cost to replace the damaged property with the new property. The only difference between Actual Cash Value and Replacement Cost Value is the deduction for depreciation.
Preserving the Scene
Preserving the scene is just one part of our Early Involvement Strategy and one of the most important factors in building a good case. Capturing relevant photographs throughout the investigation process along with taking witness statements and properly securing the scene will put you in the best position to preserve...
A Second Chance at Subrogation Recovery
Dealing with Civil Rule 41(A)(1)(a) Voluntary Dismissal and the Ohio Savings Statute 2305.19 can be tricky. You need counsel who understands these statutes to determine how it may affect your file. After all, you may get a second chance at subrogation recovery.
Federal Rule of Evidence 702 and Daubert
Expert opinions are crucial to obtaining a favorable outcome in a case. A party should ensure that the expert’s opinions are reliable under Federal Rule of Evidence 702 and Daubert to avoid any evidentiary issues at trial.
Using Circumstantial Evidence to Prove a Product Defect
A claimant should keep in mind that it may have a product liability case even when damage to the product is too severe for the claimant to be able to pinpoint a specific defect within the product. Claimants can present circumstantial evidence to establish that a product was defective.