Articles Posted in Verdicts and settlements

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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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Photo courtesy of NBCDFW.com

I successfully represented my client at a mediation where I resolved a complicated lawsuit several days ago. I have fought for people injured in collisions at numerous mediations over the past 38 years and wanted to share some thoughts about how to make them work.

The tractor-trailer pictured here crashed into seven stopped vehicles at 60 miles per hour. Three caught on fire. The tractor ended up on top of the bridge’s guardrail. The collision shut down I-35 in Fort Worth for the rest of the day.

Seven people were hurt, one critically. My client seriously injured his low back. It was a miracle no one died.

There was a minimum commercial insurance policy of $750,000 available to settle the claims, and only through an endorsement that adds unlisted vehicles like the 18-wheeler here to the existing liability policy.

I was able to recover a favorable amount of money for my client (the exact figure is confidential) and substantially reduce his medical bills. I am now working to obtain more money for him from his underinsured motorists and another insurance policy.

UPDATE 10-8-18     I recovered more money from the underinsured motorist policy.

The team at Berenson Injury Law specializes in these car, truck and tractor-trailer crash cases, but this post applies to all mediations.

BLOGVictory of the month

Bill Berenson finalized the lawsuit for a 10-year-old girl who was injured when her vehicle crashed into a commercial truck. She was rushed to Cook Children’s Medical Center in Fort Worth after she fractured her leg and had two surgeries.

Unfortunately, the download of her vehicle’s black box confirmed the police officer’s finding that her driver was solely at fault. Further, the company’s driver stated his vision was partially blocked and the girl was not wearing her seat belt.

Mr. Berenson negotiated the settlement at mediation. He then made her driver’s liability insurance company pay his entire liability insurance policy and other benefits.

After medical expenses (which he reduced to $85,000) and legal expenses, the girl will receive $210,000 in graduated payments beginning when she reaches the age of 18. We are delighted she has fully recovered from her injuries.

Our client’s review 

Our client’s family was extremely happy with the amount of the recovery. The father kindly wrote this review online:

What can I say, Bill Berenson is the man! If I ever have to deal with anything along the lines of what I have been through previously, I would love to have him and his team along for the ride. Bill, Jessica, Andrew, and Mindy have been more than a rock for me and my family … and when it came down do it they got the job done! It was amazing watching Bill Berenson work … such a ball of fire! From what I was able to gather a case like mine was impossible to achieve the settlement amount that awarded! My life will never be the same! Thank you Bill Berenson and the Berenson Law Firm!

Other reviews from clients can be found here if you are searching for a Fort Worth personal injury lawyer who can get you the compensation you deserve.

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RiibeMIST is a term that many insurance companies use to denigrate a car accident with minimum visible damage that causes injuries to the soft tissue in the neck and back.

MIST cases are often the hardest collision cases for a personal injury lawyer to handle. The liability is clear and the pain is real but insurance company offers are often low. Many cases have to be taken to trial.

The liability carrier’s argument that the crash does not appear to be so jarring that someone could have been injured is medically invalid. The goal of Berenson Injury Law is to prevent insurance companies from taking advantage of people who have been hurt. But with all of the trucks and SUVs and the increased traffic on the roads in North Texas, we see these crashes often. We fight to get fair settlements and jury verdicts for our clients.

Good recovery obtained for our client

For example, last week we finalized a $35,000 recovery for our client who was driving this truck. It was rear-ended by another pickup truck at a low rate of speed. Neither driver claimed injuries and they drove away. But our client’s head, neck, and back began hurting an hour later and the next day he had to go to a minor emergency clinic to be checked out. Later when the pain continued to increased he went to a hospital and chiropractor. An MRI was inconclusive.

The insurance company attorney for the at-fault driver did not believe our client could have been very injured. He also argued that our client was already 50-years-old, as if that proved he was hurt already. However with the help of our experts, we convinced the attorney that these property damage photographs were irrelevant, that our client was hurt, and that his company had to pay a reasonable settlement.

We then substantially reduced our client’s outstanding medical bills and our fee, waived expenses, and he received $21,700.

Our client was very pleased with our work and very nicely wrote this review on Google:

***** Mr. Berenson and his team did a thorough job on my case. I was happy with the settlement and the communication with me as it progressed. Highly recommend!

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Berenson Injury Law has resolved a Fort Worth man’s injury case for the available Colorado insurance policy of $25,000.

We then continued to fight for our client and negotiated with his liability company to get him more money. We got him an additional $6,000.00 from his underinsured motorists benefits.

Almost all of the vehicle crash cases we handle are here in Texas but our client had traveled to Denver in December to visit a friend. Since we rarely see snow here, Joe wanted to go up into the Rockies to see mountains covered in snow.

USE-KulagaVictory of the Month

As Tom was driving home from work, a tractor-trailer collided into his pickup as they turned left at an intersection.

He was rushed to the emergency room by ambulance. CT scans results were normal and he was discharged with the common strain/sprain diagnosis. He hired our law firm after he was jerked around by the insurance company, also common after a truck wreck.

Mr. Berenson, who has represented the injured victims of truck crash cases for almost 40 years, met with Tom and mapped out a strategy. He and his staff immediately investigated the scene and secured necessary evidence.

Mr. Berenson made the insurance company admit that its driver was at fault after it said it would not pay any money, arguing they had a statement from an adverse eyewitness and there was not much damage to the tractor-trailer.

Tom was badly injured. His shoulder was painful and Mr. Berenson referred his client to a doctor and paid for a Magnetic Resonance Image which showed a partial tendon tear.

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MC-BEFORE-crash-BLOG-B-Leong

We are pleased to announce that we successfully resolved the claim of an injured young man for the total amount of insurance available of $100,000.

Motorcycle cases can be more difficult than those where people are driving cars and trucks. Liability disputes are common. Jurors can hold biases against riders that can make large verdicts unusual, even though injuries can be severe.

Both drivers claimed they had the right of way when a light was changing from yellow to red. Worse, three eyewitnesses sided with the car driver and our client was seen riding at a high rate of speed just before the crash on his bright bike.

But Brandon was extremely injured and was in a great deal of pain. He had no idea how he could get his medical bills and lost wages paid.

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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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IMG_0045Victory of the month

Fort Worth injury attorney Bill Berenson has successfully recovered $710,000 for a passenger who was seriously injured when his vehicle was rear-ended last year.

The other driver fled the scene on foot and was later arrested but he had no liability insurance. We conducted a full-scale investigation and located a substantial uninsured insurance policy and other sources of  recovery that could help our client.

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