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STEPS BURMAN LAW TAKES IN YOUR INJURY CASE

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STEPS BY YOUR BURMAN LAW TEAM IN A TYPICAL INJURY CASE:

  1. Injury
  2. Investigation
  3. Medical Stability
  4. Presentation
  5. Negotiation
  6. Resolution, or
  7. Litigation
  8. Trial Preparation
  9. Mediation, or
  10. Pre-Trial
  11. Trial
  12. Appeal

INJURY – First, there is an injury event.  Burman Law is contacted to handle the case.  Clients are treated promptly and professionally’ all questions answered.  A written Plan of Action is provided to each Client.  Our client is invited to the Burman Law Client Portal.


INVESTIGATION – Next Burman Law investigates, hires any experts needed to preserve evidence, and finds out the causes for the injury and informs Client who is legally responsible.


MEDICAL STABILITY – Medical care progresses to the point medical providers can give Burman Law a good diagnosis and likely prognosis of injury.  Burman Law informs Client of medical evidence strengths and weaknesses.


PRESENTATION – Burman Law sends the insurance adjuster a written demand for compensation; the written demand is carefully prepared by Burman Law to present documented evidence in the case.  Burman Law sends Client notice that demand can be confidentially reviewed at the Burman Law Client Portal.


NEGOTIATION – Burman Law informs Client of settlement amount offered by insurance adjuster to resolve claim; Burman Law advises client to accept or reject.


RESOLUTION – Burman Law advises Client on range of values of case, and whether amount offered in settlement is reasonable.  Client always controls whether to settle or not settle.  If case is settled the settlement is distributed to Client and liens are resolved.


LITIGATION – If there is no resolution, then Burman Law files a lawsuit asking a Judge and Jury to hear case.  The lawsuit sets forth the legal foundations for the case.  The lawsuit can be viewed by the Client at the Burman Law Client Portal.


TRIAL PREPARATION – After the lawsuit is filed, Burman Law begins preparations for trial by issuing subpoenas, deposing witnesses, and requesting information from any Defendant in the case.  The Client receives confidential information and documentation through the Burman Law Client Portal.


MEDIATION – Once preparations for trial are far enough along, all the parties come together to attempt a resolution with the assistance of a good mediator.


PRE-TRIAL – If there is no resolution at mediation, then Burman Law goes to a pre-trial conference to show the Judge what Burman Law will prove at trial; Burman Law prepares Client and witnesses on what to expect at trial.


TRIAL – A jury hears the evidence and decides on a verdict.  Burman Law will advise the Client on all aspects of trial.


APPEAL – Either side can appeal a case if they believe a legal error has occurred;  Burman Law handles appeals.


 

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TIME LIMITS FOR INJURY CASES IN TENNESSEE AND KENTUCKY

The law sets time limits for a personal injury or wrongful death case.  If you do not assert your rights within the time set by law, then you lose those rights and your case.

A law that fixes the time to make a case is called a statute of limitations.

Let me give you examples of statute of limitations problems I see from time to time.  I am going to leave out technical legal exceptions so you can better understand why this is important.

In Kentucky, the statute of limitations for a personal injury caused by carelessness with a motor vehicle is 2 years.  By contrast, the Tennessee statute of limitations for personal injury caused by carelessness with a motor vehicle is 1 year.  On several occasions, my clients living in Kentucky, drove down Interstate 24 into Tennessee where they were injured by carelessness with an automobile or semi-truck.  Before coming to see me, these Kentucky clients mistakenly believed the 2 years statute of limitations for Kentucky applied to them because they resided in Kentucky.  But in fact, the Tennessee statute of limitations of 1 year controlled the time to make a case against the negligent party.  Fortunately for these clients, they came to me quick enough to protect their rights.

Let me give you another example.  For my Tennessee clients with serious injuries, 1 year is not enough time to heal.  Sometimes people mistakenly believe the statute of limitations does not run out until after the injury heals. Not so.  If the injury occurred in Tennessee and the severely injured person waits beyond a year to contact me, then the case is lost before I can even look at the case.

Why lose your right to make a case when you can contact me for help?  I never charge a fee to discuss your case with you.  I’ll help you understand each statute of limitations that applies, and immediately give you a plan of action to protect your rights.