Preview Mode Links will not work in preview mode

Have you been looking for a podcast that focuses on insurance subrogation?  Of course you have, and here you are!  On Subrogation is brought to you by national subrogation law firm, Rathbone Group, LLC, and hosted by experienced litigators, who focus their practice on subrogation.  It is the podcast about how to recover your damages from the people who caused them.

Topics span litigation, claims, and many more.

To ask questions or suggest future topics, e-mail us at

Special thanks to Ralph DiSylvestro for our intro and outro music!

Sep 3, 2021

Contributory negligence is a legal standard that bars a plaintiff from recovering damages if they contributed to their injury. As little as 5% negligence can bar an injured party from recovery in some states, while other states choose not to follow the statute as strictly.  In contributory negligence jurisdictions, defendants are often quick to provide reasons they should not be held liable for the damages they cause, but recovery is possible.

On this week’s episode, Rebecca speaks with attorney Adam Wilk, who handles subrogation cases in 3 of the five U.S. jurisdictions that apply a contributory negligence standard (Alabama, Maryland, North Carolina, Virginia, and DC).  Adam explains how factors such as age, cognitive impairment or conduct of the plaintiff and/or defendant can allow an injured party to fight back against a contributory negligence defense to recover damages.