Articles Posted in Car Accidents

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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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

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

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

dreamstime_s_4245594Doctors call traumatic brain injuries the silent epidemic. Victims often don’t realize they’ve suffered one until many hours or days later — if they ever find out. In the meantime, they don’t receive the medical treatment they need, not to mention the financial compensation they deserve.

It’s a terrible scenario and one that a personal injury lawyer sees often. But this could all change with a new blood test approved by the FDA on Wednesday.

Currently the only reliable way to detect brain injury is through an expensive computerized tomography scan. But because of radiation exposure and costs, doctors won’t order a scan unless they believe that a brain injury has definitely occurred. If a person doesn’t exhibit strong symptoms and have good insurance coverage, he or she might never know they have a TBI.

Now doctors will now be able to use the Banyan Brain Trauma Indicator blood test to evaluate a potential head injury. This is exciting news for patients’ medical treatment and at the same time might boost their personal injury financial recovery. Continue reading

Surprise balance bills can be a financial catastrophe.

dreamstime_s_5126046After being in a car accident, you smartly checked your health insurance policy and only went to an in-network hospital and doctor so that you would only have to pay a small copay. They assured you at the front desk that they would bill your Aetna plan.

Then a few weeks later you may have started screaming when you opened the mail and read whopping medical bills for thousands of dollars. It happens every day to people who are injured in collisions in Fort Worth and North Texas. Medical bills cause a staggering 643,000 Americans to file bankruptcy each year.

Here’s what causes enormous medical bills to happen:

  • Even if you are even covered by Blue Cross, not every hospital and doctor is your plan’s network,
  • Or you haven’t met your annual deductible yet, especially now at the beginning of the year,
  • Or you may have a large deductible, say $5,000.00, and never meet it each year,
  • Or the ambulance, hospital, doctor, or MRI facility refuses to file with the plan,
  • Or the hospital files a lien and demands payment in full from you and your recovery from the other driver,
  • Or the plan refuses to accept any claims, falsely claiming it is not required to do so,
  • Or the plan slowly pays some of the bills and then bills you for the enormous balance still due and/
  • Or the plan pays bills and demands subrogation (repayment) when you receive funds from the at-fault driver’s liability policy or another source.

This financial roulette is a catastrophe. Medical bills can be astronomical even if health insurance steps up and pays the bills in full. This process is unfair to Texans for so many reasons and must be reformed.

You can’t guarantee that every medical provider you saw and will see is in your network.The ambulance that showed up at the scene drove you to the nearest available hospital. By sheer luck, the ambulance and hospital might have been in-network, but the separate company’s emergency room doctor often is not. Even if you knew this (which isn’t likely unless you searched your plan documents first) you weren’t exactly in a position to demand to be transferred to a different hospital that was in-network. It’s a dangerous game of financial roulette and it can be ruinous to your bank account.

Why does it matter if the hospital is out of network? Because it will charge whatever it wants, many times higher than the negotiated insurance rate of your in-network one. So a $1,000.00 bill that should have only been $200.00 in the first place can be billed at $5,000.00 or more.

Guess who pays the difference — you. That is, unless you hire a good personal injury lawyer.

I regularly negotiate for the maximum possible damages as well as getting the lowest possible reductions for the medical bills of my clients. Success on both of these fronts is crucial for a successful outcome. After all, it doesn’t matter if you get more money from the other driver’s insurance policy if you have to hand all of your proceeds to hospitals and doctors. This is especially true if you had health insurance and should have been covered to begin with.

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Insurance adjusters are carefully trained to pay out injured people as little money as possible — if any. At the same time, they spend billions of dollars convincing you that they are your “good neighbor” (State Farm), “you are in good hands” (Allstate), or that “Liberty stands with you.” What nonsense.

These companies often use tricky, even sleazy, tactics to minimize claim and lawsuit amounts. That’s why you need a personal injury lawyer to fight for you.

How do you know when an insurance company is trying to cheat you? It’s easy. You’ll know it when you see that they

1. Pretend to be your friend. Don’t believe it. The adjusters are reading scripts and asking questions right off their computer screens. They will call back wanting to know if you are getting better but want to later be able to refer to the day you said you were feeling “better.” What they want to do is to gain your trust so you’ll accept a low settlement offer.

2. Pressure you to give them a recorded statement. Don’t even think about it. You are not legally required to. And anything you say can and will be used against you in settlement negotiations or at your trial, if one becomes necessary if and when they don’t offer you a good amount of money.

As soon as possible after the crash, the adjuster wants to  catch you off guard. You will probably be on pain medications, scared, and not had enough time to consult with an attorney. I’ve refused almost every

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IMG_4564-768x394After being in a car wreck, a person is often injured and in shock. In the middle of this unexpected turmoil and pain, he or she may forget to call 911.

That’s a serious mistake. You need a police report. If you can’t identity that driver or have an officer testify in court that he caused the car accident, good luck collecting compensation for your damages.

While you are waiting for the police to arrive, make sure all drivers give you identifying information. Write down or photograph driver’s licenses and insurance cards and take photos of vehicles showing property damage, license plates, the scene with the position of vehicles (if not moved yet) and injuries. And don’t forget to get the names, emails and phone numbers, and observations from witnesses.

Importance of police report 


The report contains a wealth of useful information that a personal injury lawyer needs to prove liability and initial damages. The report will have the date, time, location, road, speed limit, vehicles, drivers, licenses, liability insurance, property damage, injuries and severity codes, alcohol and drug use, ambulances, hospitals, and other crucial facts.

Key observations including a diagram showing the position of vehicles, traffic control devices are included. Potential problems like obstructions to view, weather issues, and vehicle defects will be noted. Admissions of fault and excuses by drivers and the names and phone numbers of eyewitnesses are written down.

For example, I am about to file a lawsuit against a young man who was speeding and crashed his sporty car into my client’s SUV, causing him to flip over multiple times and severely injure him. The police report also notes that the defendant driver claimed the reason for him crashing was that he was “tired” — at 4:30 in the afternoon. Who on a jury is going to believe that? The police officer found the kid was speeding.

The report lists which driver the officer believes was at fault and includes traffic citations and codes for traffic laws that were broken. Here’s the list of these details and what the fault codes mean.

After we are hired, my staff immediately buys the report and goes to work. An assistant drove to Hurst to pick one up today. We highlight key details and investigate troublesome findings. If the report has errors, we ask the officer to correct them. We try to locate and interview drivers, passengers, and witnesses. In “he said, she said” cases, these recordings can be decisive.

If the other driver failed to stop at a red light or stop sign, we try to get a statement from him. We also do a complete internet search of his background including prior crashes and criminal history, including DWIs. We look at his assets and try to learn how much insurance coverage he purchased and also review your auto policy with you to see if additional benefits are available. We can attempt to subpoena the other driver’s phone records to determine if he was texting or ask an expert to analyze any available video footage.

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