Articles Posted in Verdicts and settlements

USE-1We were delighted to get $155,000, the full amounts from two insurance policies, to resolve the claim of a Fort Worth woman crashed into last year.

The case was difficult. One of the first things the adverse claims adjuster and attorney look at when they are estimating a jury verdict are photographs of the damaged vehicles. Our client’s car sustained little property damage, as you can see. And the smaller Volkswagen Jetta that hit her had even less damage.

As a result, the other driver’s insurance company denied that she could have been very injured from what it denigrated as a MIST (Minor Impact Soft Tissue) case.

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Hughes-2We have just recovered another maximum recovery for a wonderful client who was injured in late 2017 in Arlington. She was at a stop at a light when another driver was confused by construction barriers in the road (pictured in the rear right) and hit the vehicle next to her, which collided with her SUV.

However, the police officers blamed both drivers, causing a liability problem. Our investigation proved which driver was at fault and we proceeded against his liability carrier, an aggressive giant known for aggressively fighting claims like this one.

She had already selected her own chiropractor (who wrongfully said she had preexisting problems, which the adverse driver’s company used to argue for a lower verdict in court). We arranged for our client to get medical care.

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A Dallas woman who was paralyzed in a van-truck crash was awarded a $37.6 million jury verdict on Thursday. She sued Honda, claiming her horrific injuries were caused by its defective rear seat belt. Sarah Milburn, who is now 27, was a passenger in the third row in a Honda Odyssey minivan on a December night in 2015.

She and her friends were celebrating her upcoming college graduation. Her future was bright. The women called for an Uber to drive them home.

Unfortunately their Uber driver ran a red light on McKinney Avenue. The van was hit so hard by a pickup truck driven by a man who was DWI that it rolled over two times and landed upside down.

Sarah tragically suffered a fractured neck and is now a quadriplegic.

After months in a hospital and rehabilitation facility, she had to move home with her parents.

Her lawsuit alleged that Honda’s seat belt was defective because it required the passenger to buckle two different belts. One hung down from the ceiling, which she buckled. A second had to be latched into the seat. Almost every one who tested them out couldn’t figure out how to safely secure them, which obviously angered the jury.

How does a wrong way crash even happen?

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Imagine that you were driving home late last night on an interstate in Fort Worth or Dallas. Maybe you had worked the late shift or saw a movie. Suddenly a speeding car or truck was headed straight at you. You had little, if any, time to react and may have no unoccupied lane to swerve into. This is how a wrong way crash occurs.

No, this was not some kind of horror movie. It happens here a lot, far too often. Texas leads the U.S. in the number of these wrong way crashes.

Yesterday morning, for example, a man driving a Honda led Springtown police on a high speed chase across Tarrant County. It started when the driver fled a police officer near Lake Worth. He accelerated and drove east in the westbound lanes of Interstate Loop 820. He wove in and out of traffic dodging oncoming vehicles at a speed of up to 100 mph. Officers from Fort Worth and Reno joined the chase and used road spikes to prevent the driver from going further. The driver spun out of control as he exited 820 and crashed his car. Miraculously, no other cars were hit during the chase or his wipe out.

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Tamme-MBerenson Injury Law resolved a broken nose and injured neck case for $205,000. The Fort Worth car accident happened in April of last year when a pickup truck rear ended a woman’s Mini Cooper.

She was rushed to the hospital and underwent nasal surgery several weeks later.

Some of her medical bills were paid by her health insurance, which creates a valuation problem when a personal injury lawyer is attempting to settle the claim or argue the case to a judge and jury. The total amount that can be awarded for medical bills is lessened by the “paid vs. incurred statute” and Escobedo decision from the Supreme Court.

IMG_6312-MediumWe had the pleasure of representing a very nice young man who was riding his Harley Davidson in north Fort Worth last year. At an intersection, our client thought the driver in front of him was going to make a right turn, but instead he made a left turn and the two vehicles collided.

Unfortunately, the police officer blamed our client, who had already been rushed by ambulance to the hospital with a broken leg and didn’t have the chance to explain his side of the story. His claim was denied and he hired Berenson Injury Law to help him since we have successfully handled a lot of motorcycle crashes.

After a lot of pretrial investigation and protracted negotiations with adjusters and attorneys, we were able to make the insurance company pay the entire limit of the policy. The company’s lawyer believed he could easily win the case in court. Then we drastically reduced the young man’s medical bills, cut attorney’s fees, and waived expenses. As a result, our client received $20,000 of the available $30,000, an excellent result.

Berenson Injury Law has resolved a Fort Worth truck accident for the maximum amount available of $350,000. The crash occurred when a pickup truck ran a stop sign and t-boned our client’s truck.Walton-1

He was rushed to the emergency room where he was diagnosed with several fractured ribs. He later had to have a torn ligament in his right elbow surgically repaired on two occasions. He lost several thousand dollars from his job.

After obtaining the total available from two insurance policies, we substantially reduced his medical bills and attorney’s fees and our client received $170,000.

$25 Million Awarded In DWI Crash

JFK-Memorial-with-Dallas-County-Courthouse-behind-itLate yesterday the jury found that the night club that over-served former Dallas Cowboy Josh Brent was equally responsible with Brent and awarded a huge verdict of $25 million. Each of the defendants was found to be 48 percent at fault. The Dallas Cowboy who tragically died, Jerry Brown, Jr., was held to be four percent to blame. The money will be paid to Brown’s mother and his estate.

Punitive damages were almost awarded but the verdict must be unanimous and one of the twelve jurors did not vote for the additional award.
The car accident in the early morning hours on December 8, 2012 occurred six minutes after Brent and Brown left Beamers private club after they had been drinking there for several hours. Brent was driving his new Mercedes at a speed of 110 miles per hour in a 45 mph zone when he lost control on Highway 114 in Irving and his car flipped upside down.

Brent’s blood alcohol content was .18%, more than two times the legal limit in Texas. An expert for the plaintiffs testified that a man as large as Brent would have had to have consumed a shocking 17 alcoholic beverages.

Jurors rejected the arguments of the bar and its management company that Brent was intoxicated either before he entered the club or after he left.

The defense produced two servers who testified that Brent did not appear to be obviously intoxicated. However surveillance video showed him ordering three bottles of champagne and drinking from a bottle and serving himself in violation of club rules. At trial on Monday, Brent could not remember how many drinks he had consumed.

The club’s attempt to blame the passenger also failed.

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Back-ContainerBerenson Injury Law Succeeds in Tough Fort Worth Truck Accident Lawsuit

Joe was driving his 18-wheeler on Interstate 35 in Fort Worth when another 18-wheeler bumped his trailer on the right rear side as he changed lanes. Property damage to his trailer was very minor, as you can see. The driver was in pain and asked to be taken to a hospital by ambulance. There he was checked out and released with the typical diagnosis of a soft tissue injury to his neck and low back.

This happened two years ago today (Halloween) early in the morning. Joe hired our personal injury law firm when he rightfully suspected he would be tricked (not treated) by the other driver’s insurance company.

There are far too many people getting hit crossing the street in Texas.

It has become dangerous to be outside of a vehicle. Pedestrian collisions are more common — and deadlier — all the time.

550 Texans tragically died and thousands were injured last year. And almost 6,000 pedestrians died in the United States in 2016, the highest number in 20 years.

The failure to yield right-of-way to walkers can be catastrophic. You can ironically end your life trying to stay healthy.

What causes these crashes?

There are many reasons but in the last few years we see more caused by distracted driving and SUV’s/pickups.

1. Cell phones: trips to emergency rooms blamed on distracted driving have jumped a whopping 83 percent to almost 18,000 since the iPhone was introduced in 2007.  It seems like everyone is driving while talking on the phone or texting.

Government statistics show that about about 2/3 million drivers are using their cellular devices while driving at any given moment. The head of the National Traffic Safety Administration called this a deadly epidemic. I’m sure this number is a lot higher because people don’t want to admit that they they do this.

Distracted driving is an accident just waiting to happen to someone crossing the street or walking through a parking lot.

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