Brown Law LLC has the experience and expertise to handle large loss subrogation and recovery matters in New York, Pennsylvania and Colorado and throughout the remainder of the country through its long-standing relationships with local counsel.

With offices both on the East Coast and strategically positioned in the West in Denver CO, Brown Law LLC can tackle any major property catastrophe. Cases that have been tried include those involving fires & explosions, structural, mechanical, and material failures & collapses, along with a range of other catastrophes including those stemming from wind, water, and other weather related events.

A small sampling of our success stories in locales as widespread as the Ozark mountains, Texas, Louisiana, Florida, New York and New Hampshire incudes:

  • Obtained seven-figure jury verdict in Federal Court in Brooklyn utilizing experts from seven different disciplines along with computer animations to demonstrate that facility maintenance, not construction defects, prevented operation of seven-ton hydraulic flight simulators.
  • Obtained settlement for Fortune 500 chemical company joint venture from German manufacturer of cold service process vessel for welding and material specification defects in multi-million dollar case arising out of explosion at synthetic fuel plant in Houston, Texas.
  • Shortly before trial, negotiated for plaintiffs a settlement of 75% of the monetary damages in commercial products case arising out of multi-million dollar fire at electronics manufacturing plant in New Hampshire despite return of defense verdicts by three mock jury panels and finding that plaintiff should be assessed 75% comparative fault.
  • Represented petroleum industry services firm involving structural failure of oil rig platform and crane in Gulf of Mexico off of Louisiana coast.
  • In one of a number of successful representations of major South Florida city, filed suit against manufacturer of large diameter prestressed concrete pipe which imploded during use for municipal water service. Also represented city in connection with automated compost facility design, and other water, sewage, and wet well facilities.
  • Just prior to jury selection, reached seven-figure settlement on behalf of insurer and owner of Ozark mountain resort in explosion case brought against bulk propane supplier on theory that supplier had duty to warn owner that mercaptan odorant would potentially be ineffective given clay soils in region.

Our methodology embraces early investigation and a rigorous early case assessment to ascertain what is the optimum intersection of the facts established from witness interviews and documents, the forensic theory that can best be supported both scientifically and by necessary factual predicates, and the pertinent legal principles that will yield the best probability of a maximum recovery. We believe in the targeted laser focus of a sniper rifle not the broad brush of a shotgun that can be wasteful of expense dollars and dilute & weaken recovery efforts. We follow our early case assessment with the execution of an aggressive, focused, litigation management plan designed to get to trial quickly and create maximum leverage at case inflection points for early resolution. We develop in a lean cost-effective efficient way the necessary proof to create risk of an adverse jury verdict to encourage resolution and to take a verdict if the case must be tried.

Historically subrogation engagements have been on a contingent fee basis. For ease of administration and maximum control of short-term cash flow expense, many of our clients prefer to assign matters throughout their portfolio of claims on a contingency basis.

For these clients, Brown Law LLC initially investigates and determines whether the referred matter has any subrogation potential at no charge. Matters that the client and firm determine have recovery potential are pursued on an agreed contingent fee.

Brown Law LLC is also open to a number of alternative fee arrangements (AFAs) pursuant to which subrogation matters can be prosecuted.

Although recognizing that the contingent fee is the ‘mother’ of modern day alternative fee arrangements, some clients desire the flexibility as might fit their litigation objectives to engage the Brown Law LLC on one of a variety of other AFAs as additional alternatives to the hourly rate.

Therefore Brown Law LLC also accepts subrogation assignments on the following bases:

  1. An hourly rate with a cap on total billings with a client right when the cap is reached to convert to a contingency fee with a credit of time value already billed towards the fee earned at time of settlement.
  2. A reduced hourly rate with eligibility for an end of case bonus depending on achievement of success markers as established in the agreed litigation management plan approved by the client & firm following the initial early case assessment and case evaluation report.
  3. A fixed fee with a credit if case time value is less than 70% of the fixed fee.

From time to time clients approach us on other types of AFAs and as a leader in the field, we are always open to discussion of such arrangements.

We recognize that a one-size fits all approach to subrogation is not necessarily the best arrangement in all cases. Contingency fees do not always incentivize maximum recoveries, nor do they in all cases insure the quickest recovery. Unwarranted fee premiums over hourly rates can generate client concerns in addition to hidden conflicts that can crop up from time to time and raise ethical issues.

A good test of whether your subrogation firm is sensitive to all these issues is whether they are in fact open to considering subrogation assignments on a variety of AFA bases and NOT insistent that every matter be handled on a contingency basis.

We are committed to providing subrogation services on the highest quality and ethical basis, adapting our representations & engagements to best suit the needs of the client as they may require on both a case-by-case or portfolio basis.