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Articles Tagged with lawsuit

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An injured person must prove their case at trial. They must introduce pertinent evidence including proof of medical bills that are reasonably priced. The defendant can attack this evidence.

The judge rules on the admissibility of the medical bills and other damages and the jury decides how much compensation the injured party receives.

To make trials more efficient and fair, Texas law has allowed the parties to prove and disprove medical bills and records with affidavits since 1979.

The New In Re Allstate opinion

The Texas Supreme Court issued an opinion on Friday that will dramatically curb the use of these affidavits and require doctors to testify in person.

The justices directed a Corpus Christi trial court to vacate its order that struck a counter-affidavit filed by the plaintiff’s car insurance company.

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  • How does a child collect money from the other driver’s insurance company?
  • Is the money paid now?

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There have been hundreds of car wrecks in Texas since the historic winter storm shut down our state this week. If you have been injured in a Texas icy road accident, you need to know how to proceed. This article will answer questions you may have including

  • What should you do at the scene and later on?
  • When and how can you make an insurance claim?
  • Can you file on the other driver’s liability company, your company, or both?
  • How can you prove the other driver was at fault?
  • Will you have to file a lawsuit?

10 steps to take if you have been in a Texas icy road accident

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bulging-disc-in-neck-back
It is common to feel pain in your neck and back after a car or truck crash. As you were hurled around your vehicle, your head and body may have slammed into the steering wheel, door, dashboard, and seat. Unfortunately, you may now have a bulging disc in your neck or back – or both.

This article provides information about what this diagnosis means, the medical treatment that you need, and its effect on your injury claim or lawsuit.

What is a bulging disc?

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When you are rushed to a hospital after a car crash, the cost for treatment and testing often exceeds $10,000. But instead of filing on limited insurance policies, the hospital can file a hospital lien to guarantee that it will be paid in full from your settlement or verdict. This is unfair and can wreck settlements.

A major national newspaper just reported about the abuses with hospital liens. It noted that one hospital makes a shocking $10 million a year this way. How rich hospitals profit from patients in car crashes

However, sometimes the hospital does not follow Texas law and its lien is not enforceable.

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After you are in a car, truck, or 18-wheeler wreck, you will need medical treatment so you can heal. But it is expensive and you may not know how to get your medical bills paid. You naturally assume that the other driver and their insurance company are going to pay them quickly.

But it can take some time for the possible payers — the other driver’s automobile insurance, your health insurance, your car insurance, and others — to decide if they are going to pay you. Then they have to look at the medical records and medical bills and decide how much they want to pay. This is often a slow, complicated, and unfair process that affects every car and truck collision.

Unfortunately injured people need to wait to negotiate a settlement or obtain a jury verdict until the possible payers obtain this information:

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?

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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