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.

Posted in: How do I refer a file?

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