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Articles Tagged with lawsuit

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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:

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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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Almost every Texas personal injury case has been altered by the pandemic. Going to court is far different now. For example, it is impossible to imagine the Texas Supreme Court (pictured above) holding a hearing on Zoom earlier this year. What does the future look like for legal proceedings?

A Texas Personal Injury Case During the Pandemic

Back when things were normal, Texas courts conducted about 200 jury trials a week. People that testified had no fear of getting sick and infecting others.

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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

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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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