Common Mistakes in Handling Personal Injury Subrogation: Identifying and Resolving Errors Prior to Settlement

Impact on Plaintiffs and Defendants

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, October 10, 2018

Recorded event now available

or call 1-800-926-7926
Course Materials

This CLE course will discuss common subrogation mistakes made by insurance carriers and plaintiff’s counsel and how they may impact personal injury claims, especially when negotiating a settlement.


Mismanaged subrogation can cause substantial losses to the insurance company, as well as potentially hinder settlement. Counsel on both sides must understand how subrogation works—as well as the common mistakes made by insurance carriers—to correctly handle any subrogation issues that may exist in a personal injury claim.

On the defense side, problems often arise when the parties are not prepared to address the subrogation claim. Counsel can address these mistakes when they come into a case, but often the clock is “already ticking,” requiring quick action.

On the plaintiffs’ side, subrogation starts from day one and remains relevant through the settlement of a personal injury claim. A failure to be aware of the issues can present significant traps for the unwary practitioner.

Listen as our distinguished panel discusses how common subrogation issues impact both plaintiffs and defendants in personal injury claims, especially during settlement negotiations. Our panel will guide personal injury attorneys to identify and handle subrogation issues and avoid personal liability due to mishandled subrogation liens.



  1. Overview of common subrogation mistakes made by insurance carriers
  2. Discussion of the impact that subrogation mistakes have on both plaintiffs and defendants
  3. Potential sources of personal liability for injury attorneys due to mishandled subrogation liens
  4. Practice tips to identify and handle subrogation issues prior to settlement


The panel will review these and other relevant topics:

  • What are the most common subrogation mistakes made by insurance carriers?
  • How do mishandled subrogation issues impact personal injury defendants?
  • How do mishandled subrogation issues impact personal injury plaintiffs?
  • What are the best practices for personal injury attorneys and insurance carriers in identifying and handling subrogation issues?


Cohen, Jesse
Jesse Cohen

Director of the Subrogation Department
Sacks Weston Diamond

Mr. Cohen focuses his practice on subrogation and serious personal injury matters. He has significant experience...  |  Read More

O'Brien, Kevin
Kevin P. O'Brien

Stampone Law

Mr. O’Brien focuses his practice on complex personal injury litigation. His representation involves individuals,...  |  Read More

Wickert, Gary
Gary L. Wickert

Matthiesen Wickert & Lehrer

Mr. Wickert is an insurance trial lawyer and is regarded as a leading experts on insurance subrogation. He is the...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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