Loss Recovery Litigation

Bienvenu, Foco & Viator, LLC attorneys have been uniquely successful in pursuing litigation to assist clients in recovering losses.  These losses include property damages, and in many cases amounts paid to resolve personal injury litigation, from third-party tortfeasors.   Our efforts include managing issues of insurance coverage, defenses of third-party or client fault, and identifying avenues of potential recovery for clients who sustain financial losses due to the destruction of property or disruption of their business income.

Loss recovery representation often generates opportunities for creative fee arrangements.   We often share the litigation risks by accepting recovery cases on a contingency basis, modified contingency basis, standard fixed fee arrangements, or blended fee arrangements.  This partnering arrangement increases everyone’s incentive to achieve the most favorable results while partnering to share the risk associated with recovery efforts and contingencies.

Representative experience:

  • Lead counsel in commercial litigation for a Fortune 50 client related to the prosecution of construction disputes, defective welding practices, deficient quality control procedures in industrial construction, back up battery systems, property damage claims and subrogation product liability actions resulting in highly favorable settlements for the client totaling more than $6 million following aggressive pretrial discovery and motion practice.
  • Lead counsel in commercial litigation for a Fortune 50 client related to enforcing and collecting indemnity obligations owed in construction and maintenance contracts totaling millions of dollars.