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Articles Posted in Car Accidents

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After you are in a car, truck, or 18-wheeler wreck, you will need medical treatment so you can heal. But it is expensive and you may not know how to get your medical bills paid. You naturally assume that the other driver and their insurance company are going to pay them quickly.

But it can take some time for the possible payers — the other driver’s automobile insurance, your health insurance, your car insurance, and others — to decide if they are going to pay you. Then they have to look at the medical records and medical bills and decide how much they want to pay. This is often a slow, complicated, and unfair process that affects every car and truck collision.

Unfortunately injured people need to wait to negotiate a settlement or obtain a jury verdict until the possible payers obtain this information:

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So as you can see, this is a very important topic. The problem is that you will not know in advance which doctors you need to see, what they charge, and who is paying them.

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How can a personal injury attorney obtain medical records and costs?

After a car crash or other tortious act, the lawyer must obtain the victim’s medical records and calculate their bills to prevail in their lawsuit or insurance claim.

Unfortunately the process to obtain medical records can be expensive and slow and the ability to learn medical costs has been nonexistent. But these should not be road blocks that delay litigation and hobble insurance claims in our high-speed digital world.

 

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1. Stay home! New Year’s Eve is just an excuse for the overconsumption of alcoholic beverages. And with 2020 being such a terrible year, this might make even more people go out and drink even more tonight. They will be celebrating at nightclubs, bars, and restaurants, then drive home and cause a possible fatal DWI accident in Fort Worth.

Not to be a party-pooper, but please stay home tonight due to Covid-19 precautions, bad weather, and just plain common sense.

Our main goal at Berenson Injury Law is to use the civil justice system to get our clients the best possible compensation for their damages. We also try to change the behavior of negligent drivers so that our highways will be less dangerous.

We just filed a lawsuit against a man whose blood alcohol content was an unbelievable 3.5 times the legal limit — at only about 7:00 p.m.

The Fort Worth Star Telegram wrote an excellent article about this tragic case that claimed the life of a man. Publicizing the inevitability of severe criminal punishments and substantial civil judgments can warn others and hold down the chance of another Fort Worth DWI accident like this one.

We often write about what people should do after they are involved in a driving while intoxicated collision since they are so common and hurt so many people.

Shockingly, 30 Americans lose their lives each day, in a DWI crash. That is one every 50 minutes, according to the National Highway Transportation Safety Administration.

We must stop the madness. Every driving while intoxicated collision is preventable. Tonight is the perfect time to start.

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Accident victims got some unexpected good news yesterday. A sweeping new law that will prevent most surprise medical bills was approved by Congress as part of pandemic-related legislation. The bill now moves to the President for approval. Bravo!

This has been a serious problem for many years. One of the biggest problems injured victims face comes weeks or even months later when they open their mail and find enormous surprise medical bills. This often happens because they have been treated by a hospital or doctor outside of their health insurance network so their company paid little, if any, money.

Of course, rarely. if ever. do people in emergency situations like car wrecks know in advance which providers will be paid.

This has resulted in an abusive practice called balance billing.

Further, victims have no idea that the hospital can charge any amount of money it wants to. We often see hospital bills exceeding ten thousand dollars due to treatment by multiple physicians and extensive diagnostic testing, not to mention huge costs for surgeries.

On the other hand, if the bills are in-network, there is no balance due, other that the co-pay and deductible.

Further adding to the financial stress, someone often has a health insurance plan but it claims that it is secondary and refuses to pay. In other casers, it eventually pays after a long delay, but then demands to be repaid in a process called subrogation.

To make matters worse, the at-fault driver’s liability company has no legal duty to pay the plaintiff’s medical bills up front, so it doesn’t pay until it knows all of the damages the injured victim has suffered and how much money they are demanding for compensation.

Surprise medical bills are a huge problem, especially in Texas where they are generated at two times the national average.

The new law will help hundreds of thousands of Americans every year.

Unfortunately, it does not take effect until January 1, 2022.

So after the surprise car crash and surprise medical treatment, the surprise medical bills will surprisingly be allowed to continue for a long time.

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Drinking and DrivingBerenson Injury Law has filed a lawsuit against a Fort Worth business executive who was driving while incredibly intoxicated. His blood alcohol content was apparently more than three times the legal limit – at only 7:15 p.m.

Our client will have to undergo surgery next week after suffering a great deal of pain for months. This collision also tragically took the life of another man.

Berenson Injury Law will fight to get our client just compensation. We also will seek punitive damages to deter the executive and others from driving while intoxicated in North Texas.

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Our roads should be safer since fewer people are driving during the pandemic. But wrongful death numbers from car and truck wrecks have skyrocketed here. North Texas just endured another tragic weekend with six fatality wrecks reported. Most were caused by hit-and-run drivers.

And we have not even gotten to the Thanksgiving-New Years holiday period when alcohol-fueled collisions skyrocket every year.

North Fort Worth

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Almost every Texas personal injury case has been altered by the pandemic. Going to court is far different now. For example, it is impossible to imagine the Texas Supreme Court (pictured above) holding a hearing on Zoom earlier this year. What does the future look like for legal proceedings?

A Texas Personal Injury Case During the Pandemic

Back when things were normal, Texas courts conducted about 200 jury trials a week. People that testified had no fear of getting sick and infecting others.

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Here’s another thing out of control: Texas car accident deaths

We reached a sad new milestone yesterday: one or more Texas car accident deaths have happened every day for the past 20 years. During that time, over 70,000 innocent lives have been taken due to fatal collisions. That would almost fill up the AT&T Stadium for a Cowboys game last year. We are #1 in the country in this dismal statistic, even though California has 10 million more people.

The head of the Texas Transportation Commission said that 90% of Texas car accident deaths were preventable. But she noted that we were “numb” to the carnage and took it for granted. That’s a shame.

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Berenson Injury Law has been working harder than ever during the pandemic to fight for our clients. We are upset that economic times are worse than ever for many people. We also know that at the same time, insurance companies are increasingly denying, minimizing, and delaying payment for the damages their bad drivers cause to innocent motorists.

But our personal injury law firm specializes in vehicle crashes and knows how to get the job done. Mr. Berenson is routinely working 10 – 12 hours a day and on weekends. Hard work pays off!

Here are the results of 8 cases we have successfully resolved — just in the last 8 days:

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