June 2010 Archives

June 28, 2010

Kagan's Supreme Court Confirmation Hearings Begin Today

Elena Kagan-Berenson Law Firm Fort Worth Car Crash Lawyer.jpgElena Kagan, the first female to serve as the U. S. Solicitor General, is widely expected to be confirmed as the next Supreme Court justice to replace retiring John Paul Stevens.

She began the lengthy confirmation procedure by meeting with the Senate Judiciary Committee today. Questioning begins tomorrow.

Ms. Kagan, who was born and raised in New York City, graduated from Princeton, Oxford, and Harvard Law Schools. She served as a law clerk at the U. S. Court of Appeals and Supreme Court. She then became a professor at the University of Chicago Law School before leaving to become Associate White House Counsel and Adviser to President Bill Clinton. Ms. Kagan then became a professor at Harvard Law School before being named its first female dean.

Ms. Kagan's career has been impressive. She appears to be well suited to handle the intellectual rigor of this, one of the most important legal jobs in the country.

Continue reading "Kagan's Supreme Court Confirmation Hearings Begin Today" »

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June 25, 2010

Drunk teen kills young passenger

A 14-year-old girl was tragically killed this morning when 18-year-old Denmark Van Savier crashed into a light pole in the center median of a six-lane divided road in Dallas. The deceased was not wearing a seatbelt and was ejected from the car and killed instantly. The five other passengers were taken to the hospital and the driver, Van Savier, is still in critical condition. Van Savier will likely be charged with intoxicated manslaughter and intoxicated assault since he was drunk when he hit the pole.
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Accident such as these are so senseless because they could be avoided if people would simply obey the law. Drunk driving is inexcusable. So many of my client's have been hurt by drunk drivers and it makes me sick. I have a young daughter and couldn't imagine if I lost her to a drunk driver. I have no sympathy for drunk drivers and do everything I can to make them pay for the damage they cause.

The young girl who died in this accident could of likely been saved if she was wearing a seatbelt. Texas law now requires all passengers to where seat belts, even the people riding in the back seat. I wrote an article a few weeks ago about the "Click it or Ticket" campaign that the state of Texas sponsors every year. Wearing a seatbelt will not only save your life, it can save your pocket book.

If you have been hurt by a drunk driver call me and I will fight hard for you. I have been helping people for over 30 years and know how to make drunk drivers pay for hurting you.

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June 24, 2010

Dallas man dies after crashing into tow truck.

A driver was tragically killed early Wednesday morning on the LBJ Freeway when he crashed his Honda into the side of a tow truck.

A tow truck was parked in the median of westbound lanes of I-635 where the Greenville Avenue on-ramp begins. The tow truck driver had just finished helping another motorist change a tire.

The driver of the tow truck was preparing to drive away when the Honda drifted off the main lanes of the freeway and crashed into the truck. Sadly the impact killed the Honda driver instantly.The tow truck driver thankfully suffered only minor injuries.
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This accident reminded me of a case I handled a few years ago. I represented a wonderful man who was injured in an accident while driving a tow truck. My client was helping move a stalled car off the freeway when his truck was rear ended at highway speed by a pick-up truck. My client was could have been killed.

Continue reading "Dallas man dies after crashing into tow truck." »

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June 23, 2010

Study Finds Elderly Drivers Safer

Most people assume that the worst drivers are either the youngest or the oldest.

But a new study released this week shows that while older people are driving more, they are causing fewer collisions.. Overall, the fatal accident rate for drivers over 55 has dropped by 37% in recent years. And drivers over 80 had an even sharper decline, with fatal accident rates dropping 47%.

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Continue reading "Study Finds Elderly Drivers Safer" »

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June 22, 2010

My Golden Achievement Award

I am proud to announce that I was again awarded the FWISD's Golden Achievement Award for Partnership Excellence.

Fort Worth ISD Golden Achievement Award.jpg I decided to adopt the Rufino Menoza Elementary School six years ago. This is a wonderful, hard working, 99% Hispanic school on the North Side. It is named in honor of Fort Worth's first Hispanic police chief.

I have focused on supporting Mendoza's after-school running club, since I have belatedly something of an exercise fanatic in my 50s. I enjoy running and walking with the children around the school and cheering them on at their 5K races.
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I have also paid for registration fees, prizes and medals to students and faculty, hats and gloves, and books and athletic supplies, including the first ever Mendoza Running Club t-shirt.

I have spoken to the kids at every opportunity in an attempt to motivate them to study as hard as possible, stay in school, pick a career, go to college, and achieve their dreams. I have participated in every Career Day program and talked to the children about their studies, ideal jobs, college plans, and goals. I have urged the children to study, exercise, eat healthy foods, and do the other things necessary to excel.

I fervently believe in the importance of hard work, physical fitness and proper nutrition and want to teach those important messages to our children to improve their lives.

I want to try to make a difference in the lives of our local children and invest in the future of this wonderful city.

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June 21, 2010

Check Out My New Videos From Clients!

I am delighted that 100% of my clients are very happy with their results and would recommend me.

I just started asking clients to review me on tape a few days ago when they come in to pick up their checks from their verdicts or settlements. The first four are posted here. Before that, we were asking clients to complete questionnaires and some of those are posted here.

It has been another successful month here and I have already successfully resolved eight cases. But we have signed up nine new ones. Things are hopping here at Berenson Law!


"I was in a car accident five months ago, a side-swipe. The other company wasn't going to pay me. I had to hire Mr. Berenson and he got the max from the other insurance company. He also went to bat for me with my insurance company and got the max there. I am so happy that I hired Mr. Berenson and I would highly recommend him to anyone."


"My name is Gregory Pollock. I'm a tow truck driver. I was rear ended by and 18-wheeler. When the insurance company did not want to pay for my surgery, I hired Bill Berenson to aggressively pursue my case. I would recommend him to anyone."


"My name is Vickie Grogan. I got in an auto accident in December. I hired Mr. Berenson. He did a wonderful job. He got me the maximum amount of money, and I was greatly satisfied with his services."


"I was involved in an accident August the 31st of '08. There was minor damage to the car, but I had severe pain. I went ahead and went on my honeymoon. When I got back, the insurance company didn't want to pay and come to find out, I had to have five surgeries. Mr. Berenson went after the insurance companies after they said they wouldn't pay. He got all he could get out of them (policy limits from three different policies). We were very pleased with his services and would recommend him to anyone."

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June 18, 2010

GO HORNED FROGS!

The Texas Christian University baseball team is in Omaha, Nebraska to play in the College World Series for the first time ever.

Even though I graduated from UT and SMU Law, I wish TCU the best of luck. My Horns have been in the CWS many times, so I'm glad TCU now has its chance to become national champions. After all, I've lived in the TCU area for over 30 years and it's my home. My daughter went to school with the chancellor's daughter. And I run and work out at the TCU Recreation Center or track three or four times a weekand taken classes there, and I love the school.

After last year's impressive football season and now this College World Series appearance, TCU has become an athletic powerhouse in recent years.

GO FROGS.
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June 15, 2010

Texas Department of Insurance: Fred Loya and Old American Worst in State

A front page article in the Dallas Morning News today revealed what I've known for years: Fred Loya, Old American County Mutual, and a host of other insurers mistreat claimants. A portion of the Dallas Morning News article is posted below.

I have represented dozens of clients with cases against these two companies and the others on the list. They are always difficult to work with. They do everything they can to avoid paying the money they know they should. These companies make their money by selling low-cost insurance to drivers who either can't afford, or more likely due to previous wrecks have been rejected by other, more respectable companies. To compensate for their low premiums and high crash rates, these companies save money by paying grossly inadequate amounts on their claims. Furthering the problems, they also hire many fewer adjusters than other companies so claims are handled much slower than they should be. We have to sue on almost every one of these cases to get the compensation my clients are legally entitled to.

If you have the misfortune of being hit by a driver insured by one of these companies, you can expect any or all of the following

1) Wrongful denial of claims
2) Property damage offers less than the cost of the repairs (see below)
3) Denial of payment for medical treatment
4) Difficulty reaching claim handlers, and rude service when you do.

I don't let my clients get treated like this, and I don't let insurance companies get away with making bad offers. As I said, if they won't negotiate fairly, I sue and make them pay.

For example, I had a client who was hurt when a Fred Loya insured ran a red light and crashed into her. She injured her neck and treated with a doctor. The adjuster initially offered only $2,000.00. After filing suit and doing more research on the defendant, I learned that he was a convicted felon who had been in three previous wrecks. I fought and made them pay $14,000.00, seven times Loya's offer. After payment of fees and medical costs, She received $8,763.47 in her pocket. She was very pleased. Click here to read the client satisfaction survey she filled out.

If you've been in a wreck, you have enough to worry about. You don't need to spend all your time fighting with an insurance company that doesn't respect you and won't pay you anywhere near what you deserve. I have been fighting with insurance companies for 30 years. Let me do the fight for you. If you've been injured in a wreck, call me today at 817-885-8000.

(From The Dallas Morning News)
Larry Randall was one of thousands of Texas drivers in accidents last year that weren't their fault. But unlike many, the Richardson engineer's problems were just beginning after the collision.

Continue reading "Texas Department of Insurance: Fred Loya and Old American Worst in State" »

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June 14, 2010

Drunk Teen Crashed on Airport Freeway

Early Thursday, a drunk 16 year-old Dallas teen collided with a vehicle and then fled on foot before being taken into custody by Irving police. Officers responded to the accident around 2:30 a.m. in the 2200 block of Texas 183. Witnesses informed police that the teen's Land Rover was heading east in westbound lanes when the collision happened.

It's disturbing to hear about a 16 year-old kid drinking and driving. Not only did he just get his drivers license, he isn't supposed to be drinking for another five years. Fortunately, no one was seriously injured in this accident. Drinking and driving is a huge problem inTexas, especially for teenage drivers.
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I believe DWI accidents can be reduced if we can convince young people drinking and driving isn't worth it. For this reason, I've started a scholarship fund designed on getting teenagers actively involved in decreasing the amount of drunk driving accidents. Applicants are required to write an essay describing the ways in which we as a community can get the message across that drinking and driving is a serious issue with deadly consequences. I am offering a grand prize $3,000.00 scholarship to a current or incoming college student or graduating high school senior who will be attending college. Four additional applicants will each receive a $500.00 scholarship.

If you are interested in applying for the scholarship, visit my website for an entry form.

Drinking and driving can ruin your life, why risk it?

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June 10, 2010

Fort Worth accident injures two children

A serious crash on U.S. 287 near the intersection of Blue Mound Road near Alliance Airport this morning seriously injured the occupants of the two vehicles involved, including two children who were ejected. They were rushed to Cook Children's Medical Center.

Two adults were rushed to Harris Hospital for treatment.

It is not clear at this point how the wreck happened, but it is possible that the children were not seat belted or restrained by a booster seat. I previously wrote about the new law that became effective on September 1, 2009 that requires drivers with children younger than 8 and shorter than four feet nine inches to secure them in booster seats.

Drivers with children: Obey this law. It will protect your kids -- and save you a lot of money. The second ticket will cost you $250.00.
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I'm currently representing a charming mother and her five children who were seriously injured by a careless teenage driver. The teenager drove across the highway median into oncoming traffic and hit my clients head on! The mother and all of her children were rushed to the hospital in an ambulance. thankfully, all of the family survived after several traumatic days at the hospital. One of the daughters was in a booster seat when the wreck occurred. The impact of the wreck was so violent that the seat actually cracked! The booster seat saved the little girls life and allowed her to come away from the accident without any permanent physical injuries. the authorities stated that if she hadn't been in the seat the little girl would have likely died. The guilty drivers insurance company didn't want to pay for all of my clients injuries, so I've recently filed a lawsuit against them. I plan on making the insurance company pay for not cooperating with my clients. I've been able to obtain large verdicts for my clients in the past and I'm confident that I will be able recover the maximum amount for the mother and her five children.

If you or a family member has been the victim of a car accident, call me at (817)885-8000 and I will help you recover the maximum amount for your injuries.

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June 8, 2010

Texas Hit-and-Run Drivers Are A Major Problem

Police are still searching for the driver of a Mazda Tribute who was involved in the hit-and-run accident that killed a U.S. Marine on Texas Highway 183 in Irving.

The driver of the Mazda hit Evan Sanchey as he was walking across the street and sped off without stopping. Evan was rushed to the hospital, but the doctors were unfortunately unable to save him.
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Hit-and-run accidents often happen when the person driving does not have auto insurance. At least 25% of Texans are now driving without auto insurance, even though it is required by state law. We have seen far too many cases when we think the negligent driver is insured because he has proof of insurance at the scene. However, he may have only made the first month's payment merely to obtain an insurance card, had the policy voided by other circustances, or the insurance card may have been a fake.

There are ways to obtain compensation for your injuries if you have been involved in a hit-and-run. Please call us to discuss your case in more detail.

Continue reading "Texas Hit-and-Run Drivers Are A Major Problem" »

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June 7, 2010

Child Run Over by SUV

An eight year old Irving boy was seriously injured Tuesday night when he was hit by a sport utility vehicle in an Irving apartment complex parking lot. The boy was rushed to a Dallas Hospital where he was treated for head injuries and a broken leg. The driver of the SUV was a 50-year-old woman who claimed the boy jumped in front of her car.
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Pedestrian cases are difficult, especially in parking lots, because neither party wants to admit they were at fault. When the pedestrian is seriously injured, they often forget what happened. This means that the investigating officer, insurance company, and juries only hear the testimony of the driver. I've represented pedestrians over the years, and have fought hard to make sure the negligent drivers are held responsible for their actions.

I was recently hired by a woman who was hit by a car as she crossed a street in the TCU area in the middle of the day. She was in the cross walk and had the walk sign. Unfortunately, a driver was talking on his cell phone, sped through the cross walk, hit my client, and caused her to have to spend four days in the Intensive Care Unit at JPS Hospital. I am also currently representing another woman who was run over by an RV while sitting in her wheelchair waiting to cross the street.

Most pedestrian accidents could be avoided if drivers would pay more attention to the road while they are driving. I encourage drivers and well as pedestrians to look carefully when they are traveling in parking lots or crossing intersections.

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June 4, 2010

Crash at Texas Motor Speedway Kills Young Husband

A charity event ended tragically last week when Andrew Vanderberg and 87 year old Donald Krusemark were killed while taking a lap around the track at the Texas Motor Speedway. Carter BloodCare had rented the track for a donor appreciation even in which avid blood donors had the chance to take driving lessons from professional racing drivers. Krusemark, a Navy veteran of World War II, was among more than 100 people who were participating in the donor even. Vanderberg was a professional racing driver that had donated his time to help support the charity event. ZHZ Corvette crash 1.jpg As the pair was racing around the track, a tire on their Corvette exploded and caused the car to spin out of control and crash into the retaining wall. Both Krusemark and Vanderberg left behind loving families that were devastated by the accident.

Losing a loved one is one of the hardest things most of us will ever have to endure. This is especially troubling when you know that someone else is to blame. If you have lost a loved one due to the actions of another, an experienced personal injury attorney can help you bring the culprit to justice. Nothing can bring back your loved one, but I can make sure the person responsible is held accountable for their actions.

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June 4, 2010

Drunk Woman "Flies" Through DFW Toll Booth

A young Fort Worth woman was arrested Tuesday DWI after she ramped her car off the toll booth at the DFW Airport.

Yasmine Villasana, 22, sped through the toll both and hit the median which sent her car flying over the entire toll booth! What in the world was this woman thinking? Villasana walked away from her "General Lee" jump with only minor injuries. Thankfully, no one else was injured in the accident. The video of this wreck is unbelievable!

It's scary how irresponsible people can be when they get behind the wheel after drinking. Senseless accidents such as this could easily have been avoided if people would simply obey the law and not drink and drive.

I recently had a client who was side-swiped by a drunk driver at 7:30 a.m. on I-20. The insurance company initially denied my client's claim and wanted to pay her nothing for her injuries. I fought hard for her and was able to get her a $52,500 settlement, the maximum insurance available from the other driver and my client's Underinsured Motorist and Personal Injury Protection benefits.

If you have been hurt by a drunk driver, you deserve to be compensated for your injuries. Call me at (817) 885-8000 and I will fight hard to make the insurance company's pay for your injuries.

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June 3, 2010

Dallas 18 Wheeler Flips Over Tollway Median

Wednesday morning, a small Nissan side-swiped an 18-wheeler, causing the big rig to hit the median and flip over into the oncoming lanes. The wreck happened on the Dallas Tollway near Beltline Road in Addison. There was six cars inolved and after watching the video, it's amazing that no one was seriously injured.

The driver of the small Nissan tried to switch lanes and caused a huge wreck that stopped traffic for hours. Side-swipe cases happen all to often on busy highways. Drivers are impatient, distracted on their cell phones, and are just sometimes lousy drivers and end up causing huge wrecks like this.

I'm currently representing a client who was sideswiped by an 18-wheeler. The driver of the tractor trailer dropped his drink on the floor, reached down to pick it up and took his eyes off of the road. When he finally looked up, his 18 wheeler had moved to the right lane and crashed in the side of my client's vehicle. To make matters worse the 18-wheeler driver sped off after the wreck! My client was seriously injured. I have filed suit to get my client compensated for the damages she and her family have suffered as a result of the collision.

Insurance carriers often refuse to pay for the majority of the damages victims suffer in car wrecks. Please call a> and I can help you rrecover for all all the damages you've suffered.

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June 2, 2010

Cleburne wreck kills one and injures four

Rolando Martinez, 28, from Paris, Texas died yesterday afternoon from injuries he received just late Saturday night in a crash on North Main Street in Cleburne.

Police say alcohol may have contributed to the wreck.

Martinez was one of five men from Paris who were inside a Chevrolet Suburban when their SUV drove off onto the shoulder, spun around, and then flew up into the air before falling into the ditch on the other side of the road. All five passengers were ejected.

Three of the men remain in critical condition at John Peter Smith Hospital.

What a horrible and unnecessary story.

I have had to represent many people injured in one vehicle collisions like this one over the last 30 years

One of my clients, whose first collision case was just about to settle, was injured in a second crash when the car he was a passenger spun out and crashed into a concrete median. I am now representing him and a fellow passenger in a lawsuit against the driver. Below is a photograph of the car they were in.Crashed Mercedez One Car Accident Wreck.jpg

Many people mistakenly believe that they can only collect money from other drivers and if they are a passenger and their driver causes a wreck, they have no recourse. This happens in family settings all the time. If you are hurt because of the negligent driving of any another person, you have the right to be compensated.

For example, I just concluded a case where my client was a passenger in a drunk woman's car. His neck sprain case settled in May for the total available insurance policy of the driver and an additional large sum of money. I was pleased that my client was extremely happy with his settlement.

If you have been hurt because of any other driver's negligence, please call my office today at 817-885-8000 or fill out this form for a free case evaluation. We are here to help get you the settlement you deserve.

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June 1, 2010

DWI Baseball Star Settles Death Case

Former New York Yankee Jim Leyritz recently settled the wrongful death suit filed against him by the family of the women he killed in 2007. Leyritz was driving drunk and was charged with DUI manslaughter. Leyritz settled the wrongful death claim for his policy limits of $250,000.
It is despicable to see professional athletes that should be role models for our children make such poor decisions. And yet they continue to break the law. There is no excuse for drinking and driving. Leyritz has not yet gone to trial for the criminal charges of DWI manslaughter. I hope the judge does not let him off easy because he's a celebrity.
I recently represented a client who was hit by a drunk driver on New Years Eve. My client was injured and the insurance company originally only offered her $500 for her damages. Once she hired me, I was able to make the insurance company its policyholder's full insurance limits of $25,000.00.

If you or a loved one has been injured in a drunk driving wreck, give me a call. I have been representing drunk driving victims for over 30 years.

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