The Baez Law Firm | San Antonio Lawyers and Attorneys

The Baez Law Firm | San Antonio Lawyers and Attorneys
San Antonio Lawyers and Attorneys

Wednesday, May 13, 2009

Would your claim be subgrogated?

In order to understand the question, first the subject has to be defined. Subrogation is the substitution (or subrogation) of one person in the place of another with respect to a claim, demand or right against a third party, so that the substituted party assumes the rights of the other, or (stands in the shoes of or replaces) the other, with respect to a claim against the third party.

The doctrine of subrogation is based on principles of equality and good conscience and is generally used as a means of placing the ultimate burden of the debt on the person who should originally have it. Subrogation may be established by law (contract) or founded upon equity (facts).

For the most part, the doctrine of subrogation has been utilized by insurance companies who are obligated under their policies to pay their insureds for property damage or casualty losses which the insureds have sustained. A person's right to be subrogated to the rights of another generally arises when that person, acting pursuant to some obligation, pays the debt of the other.

In those situations where the damages appear to have been caused by the negligence or fault of third parties, insurance companies have traditionally exercised their right of subrogation to pursue claims against the alleged wrongdoer.

Because of subrogation, the insurance companies can "stand in the shoes of" their insureds and bring suit against the wrongdoers. Because the wrongdoers who caused the injuries are the persons who should bear the burden for such injuries, insurance companies' subrogation rights have generally entitled them to recover.

Our law firm constantly get calls from individuals who should have been affected under the doctrine, but are unaware of these facts until is too late. If have been injured as a result of some one's negligence, contact our law firm for a free initial consultation.

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