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Articles Tagged with Negotiating a Personal Injury Settlement

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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. 

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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.

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We are unfortunately in the grip of one of the greatest threats to humanity in our lifetimes. The death total from the coronavirus passed the number of casualties from 9/11 yesterday. We are all frightened.

If you are a client of our law firm or someone who has been in a recent car or truck crash and are seeking to hire a personal injury lawyer, you may be wondering if you should proceed with your case. This post will attempt to answer your questions and observe how the personal injury landscape has changed.

How is a car accident case affected?

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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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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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Happy-client-with-babyBerenson Injury Law has resolved a case filed on behalf of a man who was injured outside of Fort Worth last year. He was driving his pickup truck on a hilly road with very poor visibility when he collided with a tractor-trailer that had pulled out in front of him. He was taken to the hospital with various injuries.

However liability was disputed. The trucking company attorneys accused him of improper lookout and speeding and there were other issues to contend with.

We obtained a favorable result, then cut his medical bills to put more money in his pocket. With clear liability and more serious injuries, we would have taken the case to trial.

Our client was very happy. He wanted us to meet his cute little girl when he came in to get his check and kindly wrote this review:

Mr. Berenson is the best! He far exceeded all of my expectations and I got far more money than I thought I would! Mr. Berenson made sure that I got everything that I needed! His office is courteous, efficient and great at what they do! I highly recommend his service!

Thanks for the privilege of representing you, John, and for that wonderful note.

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If you have been injured in a car accident, you may think you can just pick up the phone and get a good settlement. Good luck with that! While some jobs are do-it-yourself, knowing how to develop and argue a personal injury claim, negotiate with shrewd Texas car insurance adjusters, and try your case in a courtroom are not things you can master by watching a You Tube video. You won’t know how to proceed in the complicated legal, medical, and insurance worlds. So you are bound to make mistakes that will cost you a lot of money, time, and frustration.

We get calls almost daily from people after 3 months, 12 months, or even several years since their car crash asking us if we can take over handling their cases. They have gotten little if any response from the other driver’s or their own insurance companies. Or they received another stalling demand for information. Or after waiting forever, they finally got a low-ball offer.

They have no way to pay for their needed medical treatment and may still be not able to work. These people are justifiably angry and overwhelmed by the amount of work involved and the poor results.

We understand how frustrated they are. But like they say, if it were easy, anyone could do it.

So many mistakes may have been made that we often are not able to help them get the results they want. We wish they had contacted us or another good personal injury law firm immediately after the car accident. We have many in the DFW area. The choice can be hard, so here are tips to help you decide who to hire.

Like it or not, Texas car insurance adjusters are trained to take advantage of people. Each one has 500 claims just like yours. While it’s your life, you are just a computer file to them.

The adjusters have a lot of secrets they won’t tell you. Here are some of them.

1. They will act friendly but do everything to cheat you out of your damages.

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tarrant-county-courthouse-1Getting in a car accident can be a living hell. You may have already had a surgery or need one. You won’t be able to move without pain.  You can’t sleep. You won’t have your car. You might not be able to work. You will owe a ton of money to a hospital and doctors. For example, today a client of ours found out she needed a major cervical fusion after she was rear-ended a few weeks ago in Dallas. If this has happened to you, here’s a question you need answered: should you settle with or sue the other driver?

This photo was taken from the Tarrant County District Courts building of the Tarrant County Courthouse after a hearing.

This is a difficult but critical decision. This is why your best course of action is to hire a good personal injury lawyer who will make the right decision and speed you through this complicated process.

We at Berenson Injury Law have seen this on a daily basis for almost 40 years and do everything possible to help people get through a horrible period of their lives.

Mr. Berenson met with a young man and his parents on Friday to give him his settlement check from his devastating DWI crash — which only happened two months ago. He had to have a major surgery to his back. He and his family were thrilled with the results. Now we are fighting to get him paid another sizeable insurance payment.

Later, after Mr. Berenson had obtained a giant settlement for a nice young woman and saved her over $100,000 in medical bills, her mother very nicely wrote him this email: “Thank you for being such a warrior and making the outcome positive. We would have been lost without you. Thank you always for your and your team’s valued support.”

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