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Articles Tagged with Negotiating a Personal Injury Settlement

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How do you win your case?

Car accidents can be overwhelming. If you have been injured in a car accident and believe that someone else is at fault, you naturally feel that you are entitled to recover compensation for your damages. Screaming at her or him is not going to help you. Proving liability is the key, as the at-fault driver often denies responsibility and their insurance carrier refuses to make any payments.

Accidents, by definition, are not intentional. They occur due to someone’s negligence, i.e. carelessness. The first step to winning your case is proving liability. To show that the other driver was at fault, you must prove by a preponderance of the evidence that he or she and/or the company that hired them or owned the vehicle was negligent.

 

IMG-2035If you have been injured in a car or truck crash, you may be reading this because you are searching for a good Fort Worth car accident lawyer. You need someone to help you recover your damages as quickly as possible so you can return to your old life.

There are many personal injury attorneys here to choose from. How can you know who will do the best job and get you the compensation you want? Learning about their results and whether their clients were pleased are two of the best ways to decide.

We go above and beyond for our clients

Bill Berenson only handles car, truck, tractor-trailer, motorcycle, and pedestrian crash cases. He has successfully practiced personal injury law in Fort Worth for the last 41 years.

Here are just a few of his client’s stories from the past few months.

Steve

This nice man who lives in south Tarrant County was driving last year for his job. Suddenly a large commercial vehicle crashed over the interstate’s barrier. Steve (the names and reviews have been changed to protect the identities of our clients) slammed on his brakes. But he could not avoid hitting the trailer laying on its side. However the police and eyewitnesses blamed another driver who had cut in front of the 18-wheeler. Steve’s foot was badly injured and he had to have surgery. We jumped into action. We sent our accident reconstruction expert to the scene and conducted our own thorough investigation of the scene and the two vehicles and did other legal work. Last week Mr. Berenson attended a mediation with Steve and made the insurance company pay a substantial amount (the amount is confidential at the request of the company’s attorney). Our client will receive approximately $100,000 after medical and legal bills. This case just settled but Steve said he was working on a 5 star review.


 

Susan

Our client was driving home when a vehicle crashed into her car. But hit-and-runs are rampant in North Texas and the other driver took off. Fortunately another driver chased him down. But the police officer wrote down the wrong VIN number and it took a detailed investigation to learn who the real driver was. We got good news: the vehicle was owned by a company, which meant that it had higher insurance limits. Almost all crashes are caused by individuals who purchase the required coverage in the amount of $30,000 for any one person they injure or kill. Even if the personal injury lawyer goes to trial and obtains a larger verdict, it is never paid by the at-fault driver over the amount of the insurance policy. Substantial payments to people injured in a car wreck are rare. Susan hurt her neck, back, and knee and had to undergo medical treatment, including several steroid injections, to alleviate her pain. We worked hard and obtained a recovery of $113,000, then cut her medical bills. After her expenses were deducted, Susan received $50,100 two weeks ago.

We have included reviews from on and other sites from our clients.

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 “Very professional, helpful to any concerns. Helped me throughout the whole process. I will definitely recommend to family and friends. I wanted to thank Mr. Berenson for doing his best and help me get my treatment to get back on my feet.”     

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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.

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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.

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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

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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).

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