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

Articles Tagged with Negotiating a Personal Injury Settlement

58473687_s

Insurance companies use Colossus program to pay less money. Here’s what you can do about it.

If you have been injured in a vehicle crash, you want to know how you can recover your damages. Our personal injury law firm will fight to get you fairly compensated. But almost every car insurance company uses a manipulative software program called Colossus to minimize the amount of money they pay to injured victims. This post explains how you can combat this software to make more money.

Continue reading

hospital-lien-after-emergency-room
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.

man-hurt-neck

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.

95743228_s

TexasBarToday_TopTen_Badge-1

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.

Abbey-Road-album-cover
This is probably the best walking photograph of all time. Maybe some of us Baby Boomers have this etched into our brains as we have been trying to get some exercise during the unending pandemic. But just crossing the street should not be the cause of a pedestrian injury.

Unfortunately, this is more common every year. In 2019, 668 Texans and 6,227 Americans lost their lives when they were on foot, the highest numbers in three decades. One would have been too many.

Read: Pedestrian deaths in Texas alarming

eggshell-skull-rule

TexasBarToday_TopTen_Badge-1

What is an eggshell plaintiff?

Personal injury law has always required a negligent person to pay for all damages suffered by the person they injure. This is due to the eggshell plaintiff rule that holds that the weakness or sensitivity of a victim cannot be used against them in court. But calculating those damages can be difficult, especially if they increased due to a past condition or injury. Personal injury lawyers and insurance lawyers battle over this issue on a daily basis.

Defense attorneys claim that the wrong-doer is not liable for the portion of the injury that pre-existed the accident. But the tortfeasor must take the person they harmed as they found them. The victim cannot be blamed for being vulnerable. An accident will cause them to suffer a greater injury and larger damages than the average person.

Fort-Worth-car-accident-how-much-is-it-worthIf you have unfortunately been injured in a Fort Worth car accident, this is probably the first time you have had to deal with the personal injury claims process. So you have questions about your legal rights and how a personal injury lawyer can help you. In my 40 years specializing in personal injury law, the question I get asked the most is how much money do you think I will receive after my medical bills are paid? It’s a great question. I have discussed this on my web site and blog posts, in a book and seminars I have written and taught to injury attorneys.

How to calculate how much money you might receive from a Fort Worth car accident

Since every car and truck wreck is different, there is no way to state one answer. The real answer can only be learned after the injured person files a lawsuit and a jury returns a verdict for his or her damages (but even then, the verdict can be and often is appealed to a higher court).

Getting your head smashed by a huge truck feels a lot like what a football player experiences when he is tackled and is thrown to the ground. A personal injury lawyer represents people with brain injuries from car wrecks and related neck and back injuries, not athletes. But a speeding truck or a blitzing linebacker both cause concussions. The brain is shaken and hits the skull. Bruising, tearing, or a fracture with bleeding and swelling can happen. Brain injuries from car wrecks and football games are all too common. For example, our client was driving this truck when another truck ran a red light, causing him to have surgery.

Walton

Brain injuries from car wrecks

If you have been in a car or truck wreck, how do you know if you have suffered a brain injury? It can often be difficult to know. 

https://www.fortworthinjuryattorneyblog.com/wp-content/uploads/sites/233/2020/07/Police.scene_.car_.wreck_.jpg

Car accident police report is essential for a personal injury claim

If you have been injured in a car or truck crash, Berenson Injury Law will get the Texas car accident police report for you at no charge or obligation. Call us at 817-885-8000 (toll-free at 1-885-801-8585) or fill out this contact form.

The car accident police report is critical. How police report can make or break your case.

Contact Information