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GARY WICKERT TALKS SUBROGATION ON NATIONAL RADIO

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Gary Wickert Defends Subrogation On The National Radio Program, Radio Health Journal, Hosted By Reed Pence


Matthiesen, Wickert & Lehrer, S.C.

1111 East Sumner Street
P.O. Box 270670
Hartford, WI 53027-0670

Phone (800) 637-9176
(262) 673-7850
Fax (262) 673-3766
E-mail Contact Us

REFERRAL OF SUBROGATION FILES JUST BECAME EASIER. Matthiesen, Wickert & Lehrer now offers file referral forms in two formats - .PDF and Microsoft Word.

New subrogation file referrals can be sent via regular mail to Gary Wickert's attention, at Matthiesen, Wickert & Lehrer, S.C., P.O. Box 270670, Hartford, WI 53027-0670, by fax to 262-673-3766, or via e-mail to gwickert@mwl-law.com. If you've corresponded with another attorney within our firm regarding a new file, and you want to send the file via mail or e-mail directly to that attorney, please make note of same in your referral letter or on the MWL File Referral Form and Gary Wickert will make sure the file goes to the designated attorney. Further instructions for referring files to us can be found below

PDF FORMAT:

If you choose this format, select the form relating to your subrogation loss, click on it to open it, and print the referral form. After completing the file referral form, forward your completed file referral form, along with a complete copy of the file, to us for our evaluation and opinion.

PDFConstruction Defect (Homebuilders Only - Insurers Use Property Referral Form)

PDFAuto Subrogation (Property, Med Pay, PIP)

PDFHealth Insurance Subrogation

PDFProperty Subrogation (Non-Auto)

PDFWorkers' Compensation Subrogation

MICROSOFT WORD FORMAT:

If you choose this format, select the form that relates to your subrogation loss, click on it to open it, and complete the file referral form on-line by placing your curser on the lines and entering the appropriate information in the form fields. Choosing this format will allow you to save the completed file referral form to your system, which will then give you the option of e-mailing it, scanning it, etc. After completing the file referral form, forward your completed file referral form, along with a complete copy of the file, to us for our evaluation and opinion.

Microsoft WordAuto Subrogation (Property, Med Pay, PIP)

Microsoft WordHealth Insurance Subrogation

Microsoft WordProperty Subrogation (Non-Auto)

Microsoft WordWorkers' Compensation Subrogation

When forwarding a new subrogation file, please fill out the appropriate referral form as completely as possible and attach it to the file you are forwarding to us. This will allow us to evaluate your subrogation file in a prompt and efficient manner. No cover letter is necessary when using our file referral forms. You can send the file digitally, by fax, or by regular mail. As always, our review of files, large and small, for subrogation potential, is free.

WHAT FILE MATERIALS SHOULD YOU SEND?

The short answer is, no more than you need to and no less than is necessary. In order to properly and completely review a matter for subrogation potential and thereafter take action on recovering your subrogated interest, we obviously need enough of the file to evaluate the various issues which may be involved. This can vary depending on the size of the file, the particular line of insurance involved, the age of the file, and other factors. At a minimum, we like to see the following:

 

  1. MWL File Referral Form (preferred, but not necessary) or cover letter;
  2. All investigation (accident reports, statements, photographs);
  3. Correspondence and communication with the third-party carrier, plaintiff's attorney (workers' compensation), or our insured, regarding the loss;
  4. Lien printout (workers' compensation - provide total lien amount and a breakdown of medical and indemnity), loss estimates (property and auto), and/or documentation of amounts paid out in claim;
  5. Notice letters sent to third parties, third-party carriers, insured, injured worker, and/or plaintiff's attorney (workers' compensation or med pay).

 

A frequent question is whether you need to send all of the medical records contained in a voluminous file. Usually, it is not necessary to send all of the medical records in a file to be evaluated, unless it is a file involving medical malpractice or an issue involving whether the injuries are related to the accident which is the subject of the subrogation claim. Medical records, complete workers' compensation claim file, and the claim handler's activity log can be reproduced and forwarded after a file has been reviewed and accepted. Frequently, a workers' compensation claim file is requested during litigation and has to be forwarded anyway. We will ask for those things if needed. Of course, for the sake of simplicity, you can forward the complete file to us initially and we will cull from it what is necessary for the file review. No two files are alike so always err on the side of caution, and include in the file referral anything that you feel is necessary for us to properly evaluate the matter.

CAUTION:

A complete and thorough investigation is critical to successful subrogation. The most common mistake we see, by far, in files referred to us, is an incomplete investigation or no investigation at all. The moment a First Report of Injury or a notice of claim or accident is received by the carrier, some effort should be taken to take photographs, preserve evidence, take statements, and even preserve the scene in larger files. Slip and fall cases are one of the most difficult types of losses to subrogate, and they become impossible to subrogated if we have nothing other than the injured party's word as to the condition of the premises where the fall took place.

HOW DO YOU FORWARD THE FILE?:

Regular mail is fine, unless there is a statute of limitation issue, in which case we prefer that you overnight the file and contact us to inform us that you are sending a file with a statute issue. We also encourage files to be sent electronically as attachments to e-mails, although you should always follow up with us to be certain we received the e-mail, especially those with large attachments as there is always a chance it can get placed into a spam folder on your end or ours. We promptly acknowledge all files received by us, simply to let you know we received them. If you don't receive an acknowledgment with two days after you believe we should have received the file, please contact us. If referring or sending files via e-mail, after sending us your e-mail regarding the new file, we ask that you forward the complete file at your earliest convenience. You can also send file materials digitized onto CD's, by forwarding to us the CD containing the file (only one file per CD please), along with a MWL file referral form or cover letter.

Please note that sending a file via e-mail, fax, regular mail, or by other means, doesn't guarantee our retention, as that determination will be made after our evaluation of the claim file. Clients receive written notification regarding our acceptance to handle their file following our evaluation of the file. When we receive a new file, we will contact you via e-mail to let you know we have received it and are in the process of evaluating it. If you send a file and don't hear from us within an appropriate amount of time, please call us to ensure we received your file.


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