Faqs

How do I refer a file?

How do I refer a file online through the MWL website?

REFERRING A FILE TO MWL HAS NEVER BEEN EASIER. You can access our online file referral feature by clicking on the “Refer A File” button on our homepage. From there, you will be able to  refer a file to MWL in two easy steps directly through our website.

Step One: In this step, you provide your contact information as we will need this information to contact you once your file has been evaluated. You will also select a file “type” (e.g., Workers’ Comp Subrogation, Property Subrogation, Health Insurance Subrogation, etc.) from the drop down menu. The type of file you select determines the File Information requested in Step 2.

Step Two: Here is where you answer a few questions about the file you are referring. This step is more than merely “convenient”. It asks the relevant questions and allows us to hit the ground running once we receive your file. The last part of this step allows you to attach your file, no matter the size, and submit it to MWL for evaluation. Just click the Browse button to select the documents from your system that you want to submit. Submitting documents in this step is optional. If you prefer, you can submit the File Referral Form and then send the file under separate cover in whatever manner you choose. Rest assured that MWL has taken all precautions to ensure that all data and file contents transferred to MWL through this feature is secure and encrypted so that it cannot be read or seen by anyone else.

Once you submit your file using this feature, you will receive an e-mail confirmation that will contain the information you entered into the File Referral Form and a list of the attachments, which can be saved to your computer to be memorialized in your activity log as part of your claim file.

Please Note: Sending a file through our website’s online feature, e-mail, fax, regular mail, or by other means, doesn’t guarantee our retention, as that determination will be made after MWL’s evaluation of the file. Following said evaluation, clients will receive written notification or a phone call from a MWL attorney regarding whether or not MWL will be handling your file. Referral of a file and/or your receipt of our initial receipt acknowledgement e-mail does not, in and of itself, mean that MWL can or will accept the file for handling or that an attorney/client relationship has been established. There may be conflicts which prevent us from accepting a matter or impending deadlines which make it impractical to take legal action in the time remaining. If there are any statutes of limitations, statutes of repose, notice deadlines, filing timelines, etc., which may be applicable to the matter you are referring which are less than thirty (30) days, you must separately bring those to our attention and we must agree to accept the matter notwithstanding such impending filing or notice deadlines, before we can be responsible for protecting your rights. If it is determined by both us, as your attorney, and you, as our client, that this file can and should be pursued, and that a particular fee agreement will be employed, the attorney will confirm and you must acknowledge MWL’s retention and the fee arrangement in writing so there is no confusion as to MWL’s retention or handling of a particular legal matter. Until that takes place, MWL has not entered into an attorney/client relationship with regard to the legal matter sent to us for review and MWL cannot be responsible for any deadlines or the expiration of any critical timelines. 

How long will it take for MWL to acknowledge receipt of my file?

If your file is referred to MWL via our website’s “Refer A File” feature, immediately after you submit the file, you will receive an e-mail confirming that we have received your file and it is in the process of being evaluated for possible handling by MWL.

Upon MWL’s receipt of a new file via regular mail or any other manner, not including our website’s file referral feature, clients are promptly contacted by MWL via e-mail to confirm the file has been received and that it is in the process of being evaluated for possible handling by MWL. This usually occurs within 24 hours of our receipt of the file.

If you refer a file and don’t hear from us within an appropriate amount of time, please contact MWL to ensure we have received your file.

Please Note: Sending a file through our website’s online feature, e-mail, fax, regular mail, or by other means, doesn’t guarantee our retention, as that determination will be made after MWL’s evaluation of the file. Following said evaluation, clients will receive written notification or a phone call from a MWL attorney regarding whether or not MWL will be handling your file. Referral of a file and/or your receipt of our initial receipt acknowledgement e-mail does not, in and of itself, mean that MWL can or will accept the file for handling or that an attorney/client relationship has been established. There may be conflicts which prevent us from accepting a matter or impending deadlines which make it impractical to take legal action in the time remaining. If there are any statutes of limitations, statutes of repose, notice deadlines, filing timelines, etc., which may be applicable to the matter you are referring which are less than thirty (30) days, you must separately bring those to our attention and we must agree to accept the matter notwithstanding such impending filing or notice deadlines, before we can be responsible for protecting your rights. If it is determined by both us, as your attorney, and you, as our client, that this file can and should be pursued, and that a particular fee agreement will be employed, the attorney will confirm and you must acknowledge MWL’s retention and the fee arrangement in writing so there is no confusion as to MWL’s retention or handling of a particular legal matter. Until that takes place, MWL has not entered into an attorney/client relationship with regard to the legal matter sent to us for review and MWL cannot be responsible for any deadlines or the expiration of any critical timelines. 

How do I forward a file to MWL for handling?

MWL recommends that you electronically submit your file via our file referral feature on our website, but files can be forwarded to us in whatever manner you choose. Regular mail is fine, unless there is a statute of limitations issue, in which case we prefer that you electronically submit or overnight it, along with contacting us to inform us that you are sending a file with a statute issue. You can also send files electronically as attachments to e-mails, although you should always follow up with us to be certain we received your e-mail, especially those with large attachments as there is always a chance it can end up in a spam folder. If referring or sending files via e-mail, if you aren’t attaching the file to the e-mail, we ask that you forward the complete file at your earliest convenience. Files can be sent to MWL on CD’s as well, along with a MWL file referral form or cover letter (one file per CD please). MWL promptly acknowledges all files received, to let you know the file was received and it is in the process of being evaluated for possible handling. If you don’t hear from MWL within an appropriate amount of time, please contact MWL to verify that we have received your file.

What file materials should I submit with the file?

The short answer is, no more than you need to and no less than is necessary. MWL will need enough of the file to evaluate the various issues which may be involved. At a minimum, MWL 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 (for 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 connection with the claim; and
  5. Notice letters sent to third parties, third-party carriers, insured, injured worker, and/or plaintiff’s attorney (workers’ compensation or Med Pay).

Caution: A complete and thorough investigation is critical to a successful recovery. The most common mistake we see, by far, in files referred to us, is 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 recover on if we have nothing other than the injured party’s word as to the condition of the premises where the fall took place.

Will MWL decline in handling subrogation files that are small in size or have tenuous liability?

No file is too small or too challenging for MWL. The nice thing about utilizing MWL’s National Subrogation Program is that we not only handle all types of subrogation files in all locations, but we also provide our clients with an evaluation of and recommendations for the handling of every file entrusted to us. We have handled files ranging in size from $200 to $50 million. What is important is whether a file can be handled cost-effectively. You cannot spend yourself into a successful subrogation program.

The nature of subrogation is that it is only as effective as it is cost-effective. Spending $1,500 in hourly fees to recover a $1,500 subrogation claim won’t get you anywhere. Likewise, if that same file is handled on a contingency but there are $1,500 in experts’ fees, service of process costs, etc. incurred, the file is not a success. MWL is very experienced at evaluating files with this in mind. A good product liability or medical malpractice subrogation case involving less money than it would cost to litigate is no longer a “good” subrogation case. We evaluate every case based on how cost-effective the file will be, and report to you our recommendations for the handling of each file entrusted to us.

MWL loves a challenge, and tough liability files are especially rewarding when we succeed. Still, there are some cases in which we are legally estopped from proceeding or in which the liability of the third party is so tenuous that it would not be considered a good investment for either the client or MWL. Every file is different and every file is assessed and reported on based on its own particular facts and merits. A bad file with good investigation is often more valuable than a good file with very little investigation. MWL will advise you if we think a file should not be litigated or if only a nuclear demand letter with a draft complaint attached is recommended. We will always be candid. That is why you hire us.

Do I need to send the medical records when I initially send the file ?

Usually, it is not necessary to send all of the medical records in a file for its initial evaluation, 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 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. 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 materials anything that you feel is necessary for us to properly evaluate the matter.

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