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Investigation and Preparation | Experts | Database Services | Mold Cases

Kemp Lydick focuses its practice 100% on SUBROGATION RECOVERY. The Firm handles both commercial and personal lines property (fires, products liability, construction defects, contractual liability, deceptive trade practices, etc.), workers' compensation recovery, and other types of subrogation recovery, including, but not limited to, transportation, freight loss and damage claims, UM and UIM, landlord/tenant, boiler and machinery, fidelity and surety bonds, ERISA, and maritime recovery. In addition to its strong property subrogation background and experience, the Firm has in place a highly successful automobile recovery program (Texas only). The Firm specializes in pre-suit investigations and evaluations, extensive Internet searches for defendant and product information, arbitrations in Arbitration Forums, Inc., AAA, and trials in all courts, State and Federal. The Firm also participates in and provides extensive training and seminars for subrogation professionals, and active participation in NASP. back to top

Investigation and Preparation. The Firm works to gain the winning edge before any lawsuit is filed. Prompt and proper investigation is the key to effective subrogation recovery. The Firm initiates a thorough investigation while memories are fresh, evidence is available, and before repairs or modifications are made and evidence destroyed. Recovery dollars are frequently lost because third-party liability is not timely recognized, or not recognized at all. The Firm thoroughly evaluates each case, exhausting all avenues of recovery to determine whether recovery potential exists. Recognizing recovery potential is one of the Firmís strengths. Through extensive investigation practices, the Firm helps subrogees better evaluate their options and the strengths and weaknesses of their cases.
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Experts. Firm attorneys, through years of working in subrogation on the whole gamut of subrogation losses, have compiled an extensive number of forensic experts who service the entire Kemp Lydick territory and who understand subrogation and how to work with insurance companies and attorneys in subrogation cases. These experts know how to investigate a loss, preserve subrogation, and what it takes to qualify and offer evidence under Daubert and its progeny. The proper forensic expert(s) can be determined, identified, contacted, and to the loss site within a matter of hours. back to top

Database Searches. Kemp Lydick is a fully automated law firm, accessing extensive legal databases and information systems, including internal Firm databases, for information on defendants and their products, including prior incidents, recovery comparison databases, expert witness databases, the internet, civil trial litigation information, speaker papers and other writings, deposition databases, court documents, asset and economic information, product recalls, national product and industry standards and regulations, consumer safety information, public records data, prior incidents and similar cases. Further, this Firm has compiled an extensive collection of recovery research, memoranda, briefs, and other materials in the area of recovery, from its past experience in handling recovery cases. back to top

Mold Cases. Kemp Lydick, in conjunction with its regular subrogation practice, has developed a high level of knowledge in toxic mold cases, both involving subrogation and first party property claims. Potential defendants in such actions include insurers, sellers of real estate (and their listing agents); inspectors, home-owners' associations; building owners, landlords, or management companies who failed to maintain the structure to prevent mold growth (i.e., by failing to timely repair water leaks); contractors; sub-contractors, including plumbers who improperly repaired leaks or improperly installed appliances which resulted in mold growth; employers; appliance, fixture and pipe fitting manufacturers, including water heaters, water hoses for washing machines, and toilet valves; building materials manufacturers (including siding), and suppliers of all these; governmental agencies in some instances; building designers who improperly designed the structure or its HVAC system; and even municipalities who allow sewage systems to clog and backup; and a host of others. As with most other property subrogation and property claims, prompt and thorough investigation is at the heart of being successful in these claims. back to top

© Kemp Lydick 2003