CHIf you have been injured in a collision in Fort Worth, you might be wondering how much money you might get.

Before going through a trial and waiting for a jury to award you damages, I can meet with you and help you understand what money a typical jury awards in cases like yours.

I have handled several thousand car crash cases over the past almost 40 years.

I have a good handle on what they are worth and how to get my clients the financial results they want.

What damages can be paid?

Economic damages pay you for actual financial losses, usually your

  • Medical bills paid or incurred
  • Lost wages, lost job benefits, and loss of wage earning capacity

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blurry-pic-of-MarlizOur client was very happy with the results from her contested liability and damages car accident case and wrote this review:

***** I can’t thank you enough! You and your staff are amazing.

If anyone ever asks me if I know of a good attorney I will immediately give them your name and number.

carBerenson Injury Law has resolved a case involving a man who tragically died nine days after a car accident for the total available amount of $100,000.

This was a challenging case.

  • The man was in this extremely minor impact wreck;
  • It happened several years ago in Arlington;
  • The at-fault driver hit-and-ran;
  • There were no eyewitnesses;
  • The police were not called to the scene;
  • The man did not get any medical treatment in Texas; and
  • He returned home to California without complaining of any pain.

However five days later, the man began experiencing stomach pain and saw his doctor. Sadly, he died four days after that.

His uninsured motorists insurance company denied payment to his estate, claiming he had prior medical problems that caused his death and that this bump could not have possibly caused him to die.

We were not asked to represent the estate until one year after his death. Other law firms had turned down the case. However we have handled many wrongful death cases over the past 37 years and immediately got to work.

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What happens after you are in a car accident and are rushed by ambulance to a hospital for treatment?

There are 80,000 car wrecks each year in Dallas and Tarrant Counties — about 90 every hour — so this happens a lot here.

But the largest health insurance company in Texas, Blue Cross and Blue Shield, recently announced that its HMO members may have to pay for these super expensive ER bills themselves.

If BCBS concludes that the patient’s medical problem was not that serious to justify emergency attention, he or she will be stuck with payments that often exceed $10,000. No criteria or appeal process have been announced.

This draconian new policy begins on June 4th.

How is this fair?

How does someone know when his pain is so serious that it should be immediately treated or whether he should take a chance and just go home? Is he supposed to know enough medicine that he can diagnose himself and determine if he needs diagnostic testing to rule out a brain injury, herniated disc or heart attack?

This recording of a woman who called 911 in France complaining of pain and who soon died of a heart attack after being brushed off by a dispatcher is shocking — and could become the norm.

The new policy will affect 500,000 of the 5,000,000 Texans who have BCBS.

And a lot more of us, once the other health insurance companies start doing this with their HMOs and PPOs.

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DeanYesterday it was a great pleasure to meet Dean Jennifer Collins to discuss my Endowed Scholarship.

I made this gift to thank the school for teaching me the subjects and skills I needed to become a trial attorney.

I requested that the funds be designated for badly needed student scholarships for Fort Worth and Tarrant County residents.

SMU will request that TCU, UTA, and other local universities advise their students to apply.

I am hoping that this encourages our local college students to attend SMU Law School and other alumni to contribute.

As I walked around yesterday it was hard to believe that I received my degree almost 40 years ago.

 

 

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New Fort Worth Case: Supreme Court Caps Recovery for Death Caused By City Bus.https://www.fortworthinjuryattorneyblog.com/wp-content/uploads/sites/233/2017/10/0601busax2_1464821017896_2633261_ver1.0-1.jpg

I filed a lawsuit last week against a school district whose loaded school bus driver crashed into my client’s vehicle.

The Texas Supreme Court just revisited the maximum damages that an injured person or the family of the deceased can receive in these cases.

The Texas Tort Claims Act places a $100,000 cap on the maximum damages if a local governmental vehicle (like a city or school bus) is involved.

The Supreme Court refused to raise that limit, even though different facts and statutes could have changed the results.

What happened in this case?

A Fort Worth woman was crossing the street downtown in 2010 when she was fatally struck by a Fort Worth Transportation Authority bus.

It was driven by a woman who worked for two independent contractors, not the local government agency.

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11867031-stethoscope-on-money-dollar-cash-currency-banknote-background-using-for-healthy-financial-and-insuraBadly Needed Victory for Injured Texans.

The Texas Supreme Court has ruled in favor of an uninsured woman who challenged her whopping hospital bill of $11,000.

The opinion written by Debra Lehrmann, formerly a district court judge in Fort Worth, held that hospitals must disclose the lower rates that are given to people covered by health insurance or government assistance.

The case

Crystal Roberts was injured in a car wreck in Houston in 2015 and taken to North Cypress Medical Center. After x-rays, CT scans, and routine care she was discharged.

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dreamstime_s_80813313-768x580People are unfortunately hurt in car crashes in Fort Worth and Dallas every day. And to compound their injuries, enormous medical bills add up quickly.

Who pays for the ambulance, emergency room, diagnostic tests, doctors, and prescriptions — the other driver’s automobile liability company, your auto liability company, your health insurance company, government agencies, or the other driver? When? In full or will you have to pay some of the bills up front?

This can become a nightmare if it is not handled correctly from the start.

What should you do?

The problem begins when you cannot direct the ambulance driver to a hospital that takes your insurance or might accept you for financial reasons, such as John Peter Smith or Parkland. You probably don’t even know which hospitals are in-network on your insurance plan. And you may not even have a health insurance policy, or if you do, you might not have met the annual deductible yet or can’t afford the co-pays and other expenses.

But the EMTs are trained to rush you to the nearest ER so you can be diagnosed and treated for your injuries. Especially when computed tomography (CT) scans or magnetic resonance images (MRIs) are needed, your first day’s medical expenses can easily be $5,000 — and often $10,000 or more. There are horror stories like this all over the internet.

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dreamstime_xs_7781316-300x205It’s way too dangerous to drive. There are over 80,000 car accidents each year here in Dallas and Tarrant Counties.

But ironically the very safety devices you count on to protect you if you are in a car wreck can be lethal.

A whopping 42 million vehicles in the United States and 100 million around the world have had to be recalled due to deadly problems with the Takata airbags.

There are still over 60,000 of these dangerous cars, trucks, and SUVs on American roads.

Are you driving one of these so-called “time bombs?”

Jewel Brangman unfortunately was. The 26-year old rear-ended a minivan while driving a Honda rental car in California.  Although the impact was minimal, the airbag exploded and Ms. Brangman tragically bled to death from a neck artery severed by metal shards.

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