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Articles Tagged with Personal Injury Claim

road-rage
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.

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The most maddening thing about being in a car accident in Fort Worth — or anywhere in Texas — is that it was easily avoidable. It would not have happened if the other driver had followed basic traffic laws.

But sadly our number of motor vehicle crashes is soaring along with our sky-rocketing population. What used to be a sleepy Cowtown when Mr. Berenson moved here back in 1979 after graduating from SMU Law School in Dallas is suddenly the 12th largest city in the country. Almost one million people live in Fort Worth and there are 7,500,000 in the Metroplex — and more every day.

Cattle ranches are now bustling suburbs.  A sprawling new subdivision in North Fort Worth with 10,000 houses was just announced. But more people = more vehicles = more roads = more collisions. And to make the chances of being injured even higher, it seems that almost every one has an oversized truck or SUV and and is texting as they race around town.

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Average Compensation for a Whiplash Settlement
If you’ve been in a car or truck crash, you will experience a lot of pain. But who will pay for your medical bills, lost wages, vehicle damage, and other expenses? Unfortunately, the insurance company for the driver who caused the wreck has clever ways to pay you as little money as possible. Here are a few of them.

Swoop and settle

The next day you may get a call or text from an insurance representative who says he or she wants to pay you money immediately. But usually the amount offered is only between $500 and $1,000. They might also make a vague promise to pay some of your medical bills – if their company decides they are reasonably priced.

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An injured person must prove their case at trial. They must introduce pertinent evidence including proof of medical bills that are reasonably priced. The defendant can attack this evidence.

The judge rules on the admissibility of the medical bills and other damages and the jury decides how much compensation the injured party receives.

To make trials more efficient and fair, Texas law has allowed the parties to prove and disprove medical bills and records with affidavits since 1979.

The New In Re Allstate opinion

The Texas Supreme Court issued an opinion on Friday that will dramatically curb the use of these affidavits and require doctors to testify in person.

The justices directed a Corpus Christi trial court to vacate its order that struck a counter-affidavit filed by the plaintiff’s car insurance company.

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Here’s the latest elected official or celebrity to be arrested for driving while intoxicated

Drinking and Driving

Why do we have so many “car accidents” on our roads — especially the huge number caused by drunken and drugged drivers? The chance of being injured in a DWI wreck in North Texas is a lot higher than you may realize. In Dallas, Tarrant, Collin and Denton Counties last year, drunk drivers caused over 5,000 crashes which tragically took the lives of 90 people and injured thousands of people.

We hear about the Covid-19 pandemic constantly but rarely about the DWI epidemic. But these collisions are so common that it takes someone dying in one – or a famous celebrity arrested – for the news media to mention it.

Recently we blogged about how two prominent officials — a Dallas criminal judge and a high-ranking Fort Worth police officer — were arrested for driving while intoxicated in the same weekend.

In the latest report about a public servant breaking the law, the Mayor of Granbury was arrested for DWI early Sunday morning. Worse, this was his second arrest. Ninnian Hulett, age 68, was pulled over in his highly visible red Corvette. The mayor was reportedly found guilty about seven years ago of evading arrest and later that year, was arrested for causing a DWI wreck in Fort Worth – and one more.

EDITED: The mayor resigned on May 6, 2021.

That’s outrageous. We elect people not just to make laws but obey them, just like the rest of us have to do. We expect our officials, judges, and law enforcement personnel to lead us by exhibiting the highest conduct and setting a good example, especially when innocent drivers can be injured.

We can’t sit back and allow a DWI to be normal behavior when people naturally ask, “if he can do that, why can’t I?”

Our office handles many driving while intoxicated collision cases and sees how destructive these usually high-speed crashes can be.

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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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Texaswinterstorm

There have been hundreds of car wrecks in Texas since the historic winter storm shut down our state this week. If you have been injured in a Texas icy road accident, you need to know how to proceed. This article will answer questions you may have including

  • What should you do at the scene and later on?
  • When and how can you make an insurance claim?
  • Can you file on the other driver’s liability company, your company, or both?
  • How can you prove the other driver was at fault?
  • Will you have to file a lawsuit?

10 steps to take if you have been in a Texas icy road accident

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Horrifying series of collisions shuts down I-35

Early this morning, a thin layer of ice coating the high-speed toll lanes near North Side Drive on Interstate 35 North caused one of the worst series of crashes that Fort Worth has ever seen. The catastrophe made national headlines.

This video shows the clean-up of the estimated 133 vehicles in the pile-up.

Berenson Injury Law has handled many crashes on I-35, including a death caused when the reconstruction of the highway happened.

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bulging-disc-in-neck-back
It is common to feel pain in your neck and back after a car or truck crash. As you were hurled around your vehicle, your head and body may have slammed into the steering wheel, door, dashboard, and seat. Unfortunately, you may now have a bulging disc in your neck or back – or both.

This article provides information about what this diagnosis means, the medical treatment that you need, and its effect on your injury claim or lawsuit.

What is a bulging disc?

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.

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