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TEN STEPS BURMAN LAW TAKES IN YOUR INJURY CASE

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TEN STEPS BURMAN LAW TAKES TO SETTLE YOUR INJURY CASE:

This article gives you the “big picture” to each step in a successful settlement of your case.  Please contact me if you have questions, concerns, frustrations, or ideas.

Mike Burman, Burman Law

STEP ONE – INVESTIGATE TO DETERMINE WHAT HAPPENED: In this step, Burman Law investigates, hires experts needed to preserve evidence, takes witness statements, and searches for visual evidence such as closed-circuit TV footage or police body cam videos.  If you see recognize a witness later, or learn something from social media, please make sure you pass it on to me.

STEP TWO – ESTABLISH AT-FAULT PARTIES: Here, Burman Law determines all parties responsible for your injuries.  In some cases, more than one legal entity is responsible.  A simple example is where the janitor left soapy water on the store floor and someone slips and breaks a bone.  The janitor may work for an independent contractor outside the store.  Having more than one responsible party can be beneficial to your case.

STEP THREE – CONFIRM AVAILABLE INSURANCE: At this stage, Burman Law establishes your case fundamentals so the insurance adjuster can set “reserves.”  Setting adequate reserves often precedes a good settlement.  In addition, Burman Law communicates with the Insurance adjusters to establish the extent of your injury covered under the insurance contract and the amount of insurance coverage your injury is likely to require in compensation.  With years of experience, Burman Law knows where to look and the questions to ask.

STEP FOUR – RESEARCH LEGAL THEORY SUPPORTING CASE: Some injury cases are built upon complicated statutes and regulations.  Burman Law researches the law to ensure all case legal theories are identified under the facts.

STEP FIVE – GATHER IMPORTANT RECORDS: In this step, Burman Law works with you to determine where important documents are located.  Adequate documentation is critical for Burman Law to establish each harm and loss caused by your injury.  Burman Law then collects these documents and stores them electronically so the documents can be searched for information.

STEP SIX – NAIL DOWN DIAGNOSIS CONNECTED TO MECHANISM OF INJURY: Diagnosis means the doctor has identified the medical reason for your symptoms from the injury.  Burman Law works with you and your doctor to determine an accurate diagnosis of all your injuries.

STEP SEVEN – NAIL DOWN PROGNOSIS FOR DIAGNOSIS: Prognosis means the doctor has determined how your diagnosis will affect you over time.  Burman Law works with you and your doctor to determine an accurate prognosis for each injury diagnosis.

STEP EIGHT – NAIL DOWN ANY PHYSICAL OR MENTAL IMPAIRMENT CAUSED BY INJURY: Impairment is a determination by your doctor as to how the extent and duration of your injury will affect your activities of daily living and work capacity.  Burman Law works with you and your doctor to determine whether the impairment is temporary or permanent.  We will also document the cost of future treatment if the injury is permanent.

STEP NINE – MAKE A DEMAND ON INSURANCE ADJUSTER TO SETTLE: At this step, Burman Law prepares a written report to the insurance adjuster that explains your case and provides supporting documentation and analysis.  This report is very detailed.  It is supported by the facts, legal theories, and documentation we have collected in your case.

STEP TEN – SETTLEMENT OF YOUR INJURY CASE:  Once the adjuster evaluates your Burman Law settlement demand, negotiations take place with the insurance adjuster about the value of your case.  You will be kept informed of any back and forth offers in the negotiations.  Be assured that Burman Law will keep you informed and that Burman Law will never settle your case unless you specifically approve the amount.  Once liens are resolved in your case, Burman Law will detail, in writing, how any settlement is distributed down to the penny.  Once a settlement is reached and all liens are paid, your case comes to a close.

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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.