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.

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