Articles Posted in Verdicts and settlements

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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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 (UIM) and another insurance policy.

Update on 10-8-18: I was able to recover additional money from the UIM policy.

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

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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MIST 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.

We then continued to fight for our client and negotiated with his liability company to get him more money from his underinsured motorists benefits. This is an example of the cases we handle and the results we are able to secure.

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

Victory 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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