If you are driving on I-30 or Camp Bowie or Collins, you never think you’re going to be in automobile accident. Until you are.

Imagine if this had happened to you — it did last year to one of my clients whose review of my law firm is below.

He was driving his truck on Loop 820 in Fort Worth when a Camaro racing cut him off, slammed into his rear right quarter panel, and caused him to lose control. His truck flipped over and tumbled down the interstate end-over-end four and one half times and was hurled into the concrete median. He could have been killed. He was left hanging upside strangled by his shoulder harness and was bleeding.

The young man stopped, ran up, apologized, and offered to help. My client was rushed to the ER where he was diagnosed with lacerations and various injuries.

Then the other driver’s insurance company refused to pay my client. It claimed the Camaro driver had fallen asleep at the wheel. At 4:00 in the afternoon. I was incensed. My firm went to bat, investigated the facts, got statements, worked with his doctors, slashed his medical bills, and made his insurance company pay my client a substantial amount of money.

This is what we live for. It’s been another great week at Berenson Injury Law fighting for our clients. We were honored to receive that client’s and other reviews:IMG_9615

★ In 2016 I had the unfortunate luck of being hit and injured by someone from out of state who was non-insured, driving a rental car. Everything in the previous statement made my case very difficult. Mr. Berenson and his staff fought very hard for me and I couldn’t be more pleased with the outcome.

If you find yourself or a loved one in an unfortunate situation where a personal injury attorney is needed, I highly recommend Mr. Berenson.

J. Freeman


 I was very satisfied with Mr. Berenson from the start to the end. Him and his staff were very helpful throughout this journey.

I would highly recommend Mr. Berenson. I was compensated way more than I expected.

Thank you Berenson Law firm.

C. Martin

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images-1After having an affair with President Trump, then accepting $130,000 and signing a silencing agreement just before the election, the lawsuit the porn star filed last week went viral.

But since she chose to sign the agreement, how can she talk about the affair now? And what does this scandal have to do with my field of personal injury?

You know by now that the case involves a shadowy nondisclosure agreement between the comically named David Dennison and Peggy Peterson.

A clause in the agreement required the parties to resolve disputes through confidential arbitration, a provision common in whistle-blower contracts, and provides for enormous damages of $1 million if “Peggy” speaks out.

But Trump never signed the contract, so there is a legal question whether it is valid. And there is the moral issue of whether the most powerful man in the world can stifle anyone, especially a woman in this era of “me-too.”

The administration just indicated that it has already won a temporary restraining order and may try to to exercise prior restraint on the freedom of the press and prevent her interview with 60 Minutes from being broadcast.

Her lawsuit has lavished attention on this once obscure legal detail. Continue reading

EHAnother difficult case successfully resolved.

Arbitration clauses have become the norm in health care provider contracts that patients must sign. Stranger

Why? They usually favor the big hospital over the little consumer and remove the possibility of a lawsuit.

But what happens when a patient is better off trying to resolve a billing dispute in front of a jury of his peers, not a panel of businessmen?

On Monday an all-too-rare appellate decision allowed that to happen when it sided with an injured Texan in Cardon v. Goldberg.

Why did hospital file a lien against patient’s settlement?

Susan Goldberg received treatment at the Seton Healthcare Services emergency room in Austin for injuries she sustained in an automobile collision. Ms. Goldberg incurred $7,800 in charges which were billed to her health insurer, Blue Cross Blue Shield of Texas. BCBS had the standard reduction contract with the hospital and the bill was reduced to $6,503.

BCBS agreed to pay its share of $4,600 and Ms. Goldberg was billed the remaining $1,903. She forwarded that to her own automobile insurance provider, Nationwide Mutual Insurance Company. So far, so good.

However, instead of just paying that lower amount, Nationwide somehow paid the full $5,000 available under her personal injury protection (PIP) policy.

You might think this situation could be easily corrected. After all, the hospital was paid in excess of the original bill, let alone the adjusted bill as negotiated by BCBS, and could simply refund the difference. Ms. Goldberg never agreed that all $5,000 of her PIP proceeds was to paid to the ER and had other medical bills and lost wages that she presumably wanted to pay with those funds.

But nothing is straightforward in the often Upside Down world of insurance (“Stranger Things” fans will quickly agree). Continue reading

PTI had an appointment with a physical therapist for my knee injury on Friday. Great, I ran 57 marathons with no problems mostly in my late 50’s, then pop, a meniscus tear after a short run.

As my therapist was evaluating my injury, I looked around the clinic pictured here and thought about the hundreds of PT reports I’ve reviewed and used as evidence in my clients’ cases.

These chart notes have been instrumental in proving the pain, mobility restrictions, lost wages, and disability caused by my client’s auto accident injuries.

What is physical therapy and why is it important?

Your doctor may prescribe physical therapy to rehabilitate you before or after a surgery to speed your recovery and reduce your need for medications.

Physical therapists must earn a masters or a clinical doctorate degree and often receive specialized training in particular modalities or areas of injury. These academic credentials also lend a high degree of credibility and reliability to their reports in a court of law. For this reason, physical therapy reports provide valuable evidence. Continue reading

kneeA Magnetic Resonance Image (MRI) is an advanced diagnostic test can be incredibly helpful. I am a big believer in them.

In fact, this week I’ve had two to the knee pictured here. I unfortunately twisted it running on the beach on the last day of my recent trip so I thought this would be a good time to blog about this important topic.

I went to my first physical therapy session early this morning hoping my partially torn medial meniscus doesn’t need surgery. I experienced what my clients go through on a daily basis – more about that later.

Why not just rely on an x-ray?

Magnetic resonance imaging uses powerful magnets and radio frequencies to create a 3-D image that clearly shows bones, cartilage, blood vessels, muscle, tendons, and ligaments.

An x-ray only creates a flat image of the skeleton. An x-ray is useful to detect broken bones, but not to diagnose herniated disks and soft tissue injuries, which are common types of car crash injuries. The surgeon also had me x-rayed.

Furthermore an MRI does not release radiation. Although the small dose of a single x-ray is safe, your doctor will probably recommend an MRI if you are pregnant, have an underlying medical condition, or have had multiple recent x-rays or CT scans. Because your doctor can refer you to an MRI without concern about radiation exposure, he can do so in gray-area cases in which he only suspects an injury.

Is an MRI worth the cost?

There is of course one disadvantage to an MRI — the price. It can cost $2,000.00 or more, although your health insurance or my ability to secure my clients a much lower price should moot this concern. When deciding if it’s worth the cost to you, ask these questions:

  • Will an MRI more accurately diagnose my injury?
  • Does my doctor or do I suspect that I may need surgery?

If the answer to either is yes, you should have one. Continue reading


Our use of Facebook, Twitter, Instagram, and other social media platforms is rampant. We think nothing of exchanging our private thoughts online. But those posts can come back to haunt people who have been injured in car wrecks. Look at what just happened to this woman.

A New York appeals court just delivered a decision that will help insurance company lawyers further pry into the social media accounts of people injured in car wrecks. The court held that a woman’s “private” Facebook status did not prevent disclosure of photos showing her physical condition before and after an accident.

In the discovery phase of lawsuits, one piece of evidence can lead to another. So courts are liberal in what attorneys can obtain if there is justification for its release. While you might assume that your post was not meant to be read by strangers, courts have taken the opposite approach.

Social media is a hot topic in the law. As the law and technology are rapidly evolving, questions about privacy versus their use at trial are common.

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right_of_way_NI’m always astonished how many drivers do not appear to know what the traffic laws are. But it’s been 30 or 40 years since many people read the driver’s handbook back in driver’s education class and no retest has been required since.

Many of our rules of the road are common sense or common courtesy — two things you don’t see as much of these days. But others can be a little confusing.

For example, what happens if two people arrive at a four way stop exactly at the same time? Or a traffic light is out and there is a blinking red light?

But turning at an intersection is a simple task.

We have a ridiculous number of car wrecks in Texas. It is tragic that over 21,000 people died or were seriously injured in them in 2016, according to sobering statistics that were just released.

So it’s worth reviewing traffic laws, especially right-of-way rules, every now and then.  Continue reading

Sneed-truck-2-with-tape-measureBerenson Injury Law is pleased to announce that it has obtained a recovery of $750,000.

Our client crashed into a large tractor-trailer in a Fort Worth intersection. But the police report and several witnesses blamed him for his speeding and improper lookout. There were other problems that made the chance of receiving compensation poor.

Our team sprung into action. We went with our accident investigation expert to the scene, took photographs, and measured skid marks. We set up an inspection of both vehicles, downloaded black boxes, and tried to find witnesses to rebut the negative liability facts.

tx-auto-580x362The latest roadway statistics were just released. They are not good.

Texans experienced a startling 10 percent increase in traffic fatalities from the year before.

Since 2010, the toll has shot up a whopping 34 percent.

It’s possible that our highways could be safer.

As this chart shows, from 2003 to 2010 the annual Texas traffic fatality rate decreased from 3,371 to 2,781.

Then the trend reversed and the number shot up to 3,720.

What happened? Continue reading

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