COVID-19 UPDATE: What We Are Doing to Protect Our Clients

Doctor Examining Patient

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.

IMG_9163-1The Texas Supreme Court issued new rules that took effect for petitions filed on or after January 1st. The 2021 Texas lawsuit changes affect service of process, discovery, and trials.

The revised Texas Rules of Civil Procedure are a belated Christmas present to many litigators. In an attempt to extend the holiday cheer, this was the festive scene at the Tarrant County Courthouse in Fort Worth.

Which rules did the court change?

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Berenson Injury Law’s year in review

This photo from a lawsuit we are working on aptly depicts 2020. Between the coronavirus, economic hardships, political turmoil, street protests, and environmental disasters, by the end of the year we all felt battered and bruised. The year seemed like a never-ending series of horrific high-speed pileups caused by extremely drunk guys in enormous trucks.

And to make matters worse for thousands of people, car and truck wrecks continued unabated in North Texas. When the quarantine forced many people to stay home, there should have been fewer collisions. Unfortunately that didn’t happen. And ironically, with roads being less crowded, some idiotic drivers chose to go even faster and cause ever more injuries and fatalities.

 

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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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Berenson Injury Law sponsored a lunch catered by Central Market on Friday to thank the hard-working teachers and staff at the Rufino Mendoza Elementary School that Mr. Berenson adopted 16 years ago.

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Our firm wanted to get their school year off to a good start on the first day in September by giving the staff and faculty lunch, so Friday was the bookend to an extraordinarily challenging semester. We also bought disinfectant and cleaning supplies and provided other support.

Over the years, Mr. Berenson has tried to help the school out by

Berenson Injury Law has filed suit against a major interstate bus company and its driver on behalf of a man who was seriously injured in a collision west of Fort Worth.

Our law firm and others in Texas have alleged that the defendants’ negligence caused a catastrophic collision and personal injuries in September.

As the bus proceeded through a controlled intersection marked by flashing yellow lights, a pickup truck failed to stop at a stop sign and crashed into the bus. It flipped over and slid down the highway before finally coming to a rest.

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The epidemic of DWIs in DFW is officially out of control

When a judge and police officer were disgracefully jailed last week for driving while intoxicated, you know that we have a crisis. How can people paid to enforce the law break it? Committing DWIs in DFW is outrageous for drivers plus being hypocritical when committed by those supposed to protect us from drunk drivers in the first place.

So what happened and why do we bring this to your attention?

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