How does technology help accelerate the progress of my case?
At Gaul & Associates, P.C. we have developed a sophisticated case management system that continuously tracks the progress of each case and alerts our team when key dates and steps are imminent. We use this system to manage the thousands of details related to every case, staying on top of discovery steps needed, depositions to be scheduled and much more. In the hands of our integrated team, this system drives case progression and speeds successful resolution.
Can you challenge a Waiver of Subrogation?
These clauses often appear in leases and can preclude an otherwise viable subrogation claim. Our expertise in subrogation allows the firm to quickly identify waivers that can be attacked and defeated. Challenges to these clauses can be based on the language of the provision, the parties to the agreement and possibly the terms of the insurance policies issued by the respective carriers. We have litigated, evaluated and drafted waivers of subrogation and know when to challenge them.
What is Spoliation of Evidence?
Understanding this fundamental concept of evidence preservation can mean the difference between a strong claim and no claim. The doctrine of spoliation can and should be used affirmatively against potential defendants. Our extensive experience in the early investigation of large losses allows us to quickly identify the appropriate course of action when we control the scene and to use the doctrine affirmatively to ensure evidence in the possession of others is preserved and, if not, to advance our case by seeking summary judgment, jury charges and other sanctions against the adverse party.
Does your firm handle smaller losses?
While we often consult with clients who request our views on cases that do not meet our minimum dollar threshold, our time and expertise is most profitably spent on larger matters. Just as you wouldn’t hire a surgeon to treat a skinned knee, you wouldn’t achieve the right cost benefit in engaging us for small matters. Our big-picture thinking will have maximum impact in the investigation and settlement of major losses.
Why are legal costs generally higher for products liability cases?
Typically, these cases take more time and resources to pursue. One reason is that many products today are made in China and sold online, with Internet retailers making a concerted effort to insulate themselves from liability. We are careful to invest in only those product liability cases where the facts point to substantial potential for recovery.