Berenson 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.
We substantially reduced the subrogation balance, which is the amount that an injured person is obligated to pay his or her health insurance carrier if it meets certain legal requirements. We devote a lot of time to negotiating with the health insurance company to cut the balance and believe that this is an essential part of the claims or litigation process because an injury attorney can save his client thousands of dollars by doing so.
In addition, the hospital had filed a lien under the Texas Property Code, Chapter 55, to secure its payment. It has the right to do this if the patient is admitted for care within 72 hours of the car wreck and other legal requirements must be met. Our office contests liens that we believe are invalid and gets them removed so that our client receives more funds up front. The lien applies to payments by the other driver’s insurance carrier, not to the patient’s own policies, e.g. for uninsured or underinsured motorist benefits.
We substantially reduced the hospital’s bill and others from her medical providers as well as our legal fees and expenses. We filed her Personal Injury Protection benefits and handled other issues that arose.
As a result, our client received $130,000. This was a good result for a very deserving client.
We were also pleased that the woman had been referred by a wonderful past client whose teenage children were crashed into by an intoxicated driver who tried to flee the scene. We represented this family last year when one of the children, now a college student, was hit again.
Our client was delighted and kindly wrote this review: