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Articles Tagged with lawsuit

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Another great month for Berenson Injury Law

We have been fighting harder than ever during the pandemic to get our clients the money they deserve.

We achieved many excellent results last month that we wanted to share since we are told by car or truck accident victims that they chose us after comparing our results and hundreds of five-star reviews.

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Can an unbelted passenger win their Texas car accident case?

Were you injured in a crash where another driver was at fault but you were not wearing a seat belt? If so, you may be wondering if you are allowed to pursue a Texas car accident case to recover your medical bills, lost wages, and other damages. This post examines Texas seat belt laws and how they can alter or eliminate injury claims.

Texas seat belt laws

coronavirus

I have been asked by several clients if the coronavirus will affect their car wreck cases. No one knows as we are in uncharted territory. On top of the anxiety we are all living through, as a Fort Worth personal lawyer, I am very concerned how the virus could affect injured people’s medical treatment and personal and financial outcomes.

Here are some specific questions I have.

       1. Will fewer police respond to crashes?

It is essential that the police come to the scene of a crash and determine which driver was at fault. Without a favorable police report and officers who can testify in court, a car accident can become a “he said/she said” dispute. These are often denied by the other driver’s insurance representatives so a lawsuit must be filed. Juries may not know which driver to side with.

Furthermore, the police report contains important information that the car accident lawyer can use to help his client win the case. This includes the names and identifying information about all drivers, insurance policies, date, time, location, speed limit, weather, vehicle damage, witness’s observations, admissions of fault made, injuries reported, alcohol use, etc.

My office obtains the police report for our clients at no charge. The sooner we get the report, the sooner we can get to work.

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Driver-of-Other-truck-549Alfredo’s story

Berenson Injury Law has successfully resolved a case for an 18-wheeler driver who was side-swiped by another tractor-trailer driver. This happened three years ago in Fort Worth early on Halloween morning.

The vehicles bumped where the lanes slowed and merged on Interstate 35 just north of downtown in the construction area (back then). Alfredo’s cab and trailer (which are pictured in the distance) and the other driver’s big rig (in the foreground) showed minor physical damage.

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Our firm is filing suit on behalf of the family of a man who tragically lost his life when he was crashed into by a repeat-drunk driver.

The decedent was going to work when a pickup truck rear ended his vehicle at an extremely fast speed.

The drunk driver fled the scene but police helicopters located him and he was arrested for intoxication manslaughter. He has a long criminal history and we believe should be given a lengthy jail sentence.

 

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If you have been injured in a car or truck wreck in North Texas, you may think you know how the insurance claims process works. But you might be operating under assumptions that are not accurate. Berenson Injury Law tries to keep the public informed about important car and truck crash topics. We have seen that too much wrong information is spread about how personal injury law works. We want to help debunk widely believed myths about car accident claims so injured people can make the best decision on how they should proceed.

Here are the TOP 10 MYTHS ABOUT CAR ACCIDENT CLAIMS

Myth #1 – The insurance company is going to be fair

False!

This belief is out of a fairy tale book. Insurance companies are in business to make large profits. The best way is for them to do this is to question and fight every claim.

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Funeral

As you walk in Fort Worth, Dallas, or another city in North Texas, you had better be extra careful. The number of pedestrian deaths in Texas has soared according to a new study. A shocking 619 Texans who were on foot perished last year. This is an all-time record. The latest victim died on Wednesday evening in north Fort Worth as she crossed a street. This post explains what families of the deceased should do if, God forbid, the unthinkable happens to someone they love.

I thought to write about this topic as I attended our monthly meeting yesterday morning of the National Safety Council’s Road Safety Task Force. We help implement state and local government actions which attempt to curb pedestrian and vehicle deaths in the Fort Worth area. Then I attended the education seminar at the annual convention of the Texas Trial Lawyers Association (day two is today). It was agreed by government planners and accident lawyers alike that pedestrian deaths in Texas are at epidemic levels.

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Ticket for Texting and DrivingWhat if you have been in a car accident in Fort Worth and it was clearly the other driver’s fault for rear-ending you? But when the police officer arrives, the other driver argues loudly that you slammed on your brakes. The officer finds that you — or both of you — are at fault. What do you think will happen when you make a claim against the other driver to recover your damages? When the insurance company denies or minimizes your claim and you have to file a lawsuit, can the police officer testify in court that you were at fault? This is a problem that a personal injury lawyer sees often and it requires immediate attention so that you get paid for your damages.

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When has a trial lawyer represented his client too zealously?

The Texas Supreme Court heard arguments Friday here in Fort Worth in the nationally-watched sanctions case of Brewer v. Lennox Hearth Products. There was a packed courtroom and an overflow crowd at Texas A&M Law School.

The Court’s decision will set boundaries on just how far a lawyer can go to win a trial. And making the hearing even more sensational, the attorney in question, William Brewer III of Dallas and New York City, has often been in the headlines, most recently while representing the National Rifle Association.

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Rare court victory for injured drivers fighting their insurance companies

The Fourth Court of Appeals in San Antonio issued an important decision on Wednesday that awarded an injured driver his entire underinsured motorists (UIM) benefits. The holding in Allstate Insurance Company v. Irwin is only the second time that an appellate court has allowed a plaintiff to obtain Texas UIM benefits without first filing suit and obtaining a judgment against the adverse driver. Further, it is the first time that the recovery of attorney’s fees and costs has been allowed.

Background: Mr. Irwin was seriously injured in a car crash in 2016. He suffered a herniated disc in his lumbar spine and had to undergo various procedures to alleviate his pain. The total cost of his medical treatment was substantial. He settled with the at-fault driver’s insurance company for her policy limits of $30,000.00. He then demanded that his liability insurance company pay his underinsured policy limit of $50,000.00 for his remaining damages. However Allstate refused and only offered an additional $500.00 claiming that his injuries were preexisting, that he was over 50 years old, and that he worked as a construction worker. The man filed suit for the money his company owed him from his UIM policy.

After hearing the evidence, the jury awarded him $498,968.36. The court signed a judgment awarding the plaintiff his policy’s limit of $50,000.00, attorney’s fees, and costs. Allstate appealed.

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