Refer A Case

This basic service is recommended within 18 months of the subject event (i.e. motor vehicle accident, slip and fall) giving rise to the subrogation issue. Allows for the client to consider the firm’s recommendations before the filing of a civil suit is necessary. As part of this service, our experienced attorneys will provide the following:

1) Review underlying worker’s compensation claim and identification strategies to maximize subrogation recovery either by reimbursement or credit.

2) Recommendations for further investigation or identification of witnesses or documents from the insured employer to preserve evidence and secure witness statements while evidence is still available and the subject events are still fresh.

3) An assessment of comparative fault theories of liability and their impact on subrogation based on the "Arbaugh threshold."

4) A general overview and discussion of subrogation options, rights and responsibilities as a lien claimant versus an intervenor, versus filing your own civil lawsuit.

5) A telephone consultation to explain analysis and answer questions, followed by a written summary for documentation of the file.

This comprehensive service includes developing and executing a subrogation plan developed in collaboration with the claims examiner and any in-house subrogation department. In addition to the basic consultation services, we provide:

1) Preparation and submission of civil filings.

2) Ongoing representation and communication with other parties related to the third party claim.

3) Participation in and preparation of discovery in accordance with an agreed plan.

4) Attendance at all required court hearings, mediation or other related proceedings, up to and including trial.

5) Periodic communications only as needed to keep you apprised of all developments and make updated recommendations to mitigate costs and maximize recovery.