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

Berenson Injury Law has successfully obtained all of the available insurance proceeds for a woman who hurt her hand in a Fort Worth car accident. We discuss our results here occasionally to give people who may be searching for a personal injury attorney to know the results we are capable of achieving.

Paula's story

Paula and her husband Jim (their names have been changed to protect their privacy) were driving home from church last summer. A woman failed to yield the right of way to them at an intersection. However, she claimed that Paula was at fault. Further, she said she was suffering from a heart ailment, as if that gave her the right to run the light. The damage to the two cars was relatively minor. Here is a photo of Paula's vehicle. But she had to be rushed to an emergency room due to the pain in her hand. Unfortunately, the airbag had hit it at a speed of about 200 mph. We have seen many injuries caused by them. When the other driver’s insurance company delayed Paula's claim, she knew that she needed to hire a Fort Worth personal injury lawyer. After a car or truck collision, the sooner that the injured person at least speaks to a board-certified personal injury lawyer to obtain advice (the first call is free), the better.

What we did to help our client

We immediately obtained the police report, secured a witness statement (who knew them from church), got photographs, and obtained other evidence to win the liability case. This is essential since you want to be ready if and when the case is heard in court by a judge and jury. Yesterday, for example, we scoured two the scenes for evidence. In the first case, our clients' son perished on a motorcycle in Fort Worth when a truck driver failed to yield to him. In the second, another man who walking on the side of a highway in Weatherford was hit by a young pickup truck driver who left him for dead (that driver claimed he had hit a deer, but the body shop saw human hair and blood and called the police who arrested him). Both of these tragedies happened in the last few days. Timing is critical, as key evidence often disappears. We also worked with Paula's doctors to make sure she got the medical treatment and reports she needed. She unfortunately needed several surgeries to repair her wrist. We secured all of her records and bills and prepared for trial. We worked hard to make the two insurance companies pay the $100,000 maximum available on the other driver's policy plus the $102,500.00 available under our client's underinsured motorists and personal injury protection benefits. However, Paula's health insurance company demanded repayment since it was a self-funded ERISA plan. This is always a difficult fight -- and an excellent reason to hire an injury attorney since the money they can save you often easily pays their fee. But even though it was legally entitled to be paid in full and refused to reduce its balance, we forced it to reduce its subrogation lien by over $16,000.00. Paula received $87,000.00 after repaying the health insurance lien and legal fees. That is close to one-half of the total amount --an excellent result. And if she had not hired an injury lawyer, she probably would have received no money at all. Fortunately, Jim was not injured but we obtained him a small settlement for him as well.

Our clients' review

They were both thrilled with our work. Paula kindly wrote this review today when she came to our office to pick up her second settlement check:
“Mr. Berenson and the whole team were awesome! Mr. Berenson would call regularly to update us on progress and fill us in on any roadblocks. We had 3 different insurance companies involved and we would never have been able to navigate thru them without his help. We are very happy with the settlements he and his team reached and we highly recommend them if you find yourself in need of an injury attorney!”
Jim said that Mr. Berenson "was better than Perry Mason!" For those of you who are too young to remember, this phenomenal lawyer always won his cases -- usually in a dramatic scene when he forced the person testifying to admit that they were lying.  He is one of the reasons that Mr. Berenson and plenty of other lawyers who grew up in the 60's became attorneys.

We can help you

Here is more information about verdicts and settlements we have obtained recently: We have over 450 more reviews like this one on Google, AVVO, Yelp, and Lawyers.com. Mr. Berenson only handles car, truck, 18-wheeler, motorcycle and pedestrian collisions. He has practiced personal injury law in Fort Worth for over 40 years and knows how to get his clients the compensation they deserve. Contact our office if you need help with your crash case.

Berenson Injury Law resolved a broken nose and injured neck case for $205,000. The Fort Worth car accident happened in April of last year when a pickup truck rear ended a woman's Mini Cooper. She was rushed to the hospital and underwent nasal surgery several weeks later. Some of her medical bills were paid by her health insurance, which creates a valuation problem when a personal injury lawyer is attempting to settle the claim or argue the case to a judge and jury. The total amount that can be awarded for medical bills is lessened by the "paid vs. incurred statute" and Escobedo decision from the Supreme Court. We substantially reduced the subrogation balance, which is the amount that an injured person is obligated to pay his or her health insurance carrier if it meets certain legal requirements. We devote a lot of time to negotiating with the health insurance company to cut the balance and believe that this is an essential part of the claims or litigation process because an injury attorney can save his client thousands of dollars by doing so. In addition, the hospital had filed a lien under the Texas Property Code, Chapter 55, to secure its payment. It has the right to do this if the patient is admitted for care within 72 hours of the car wreck and other legal requirements must be met. Our office contests liens that we believe are invalid and gets them removed so that our client receives more funds up front. The lien applies to payments by the other driver's insurance carrier, not to the patient's own policies, e.g. for uninsured or underinsured motorist benefits. We substantially reduced the hospital's bill and others from her medical providers as well as our legal fees and expenses. We filed her Personal Injury Protection benefits and handled other issues that arose. As a result, our client received $130,000. This was a good result for a very deserving client. We were also pleased that the woman had been referred by a wonderful past client whose teenage children were crashed into by an intoxicated driver who tried to flee the scene. We represented this family last year when one of the children, now a college student, was hit again. Our client was delighted and kindly wrote this review:
"Bill Berenson and his amazing staff made a bad situation bearable. They led me every step of the way and made sure I always understood the process. They remained in constant communication and responded to questions quickly and professionally. I am grateful for their efforts on my behalf."
Please contact us if you have been injured in a Fort Worth car or truck accident. We will meet with you at no charge and explain how we can help get you the compensation you deserve. Call us at 1-888-801-8585 or click here.
For more information please read:

Subrogation Can Make Big Difference In Final Payment

If you have been in a car wreck, hopefully you have good health and automobile insurance policies. They can get your vehicle damage, medical bills, lost wages, and other expenses paid quickly before the other driver's insurance company pays you money. But people are often angry to learn that they may have to pay this money back when they settle with the other driver's insurance company or the jury returns a verdict. The concept is called subrogation and it can throw a wrench into a car accident settlement or recovery of money. Subrogation is a long-standing equitable doctrine that allows insurance companies to recover money they have paid to someone else. In personal injury cases, a subrogation lien is asserted in two situations:
  • for medical bills paid by your health insurance company and
  • property damage and other claims paid by your auto insurance company.
Consider a typical wreck when you are crashed into by a driver who runs a red light. You tell the ambulance, hospital, and doctor that you are covered by an Aetna plan and hopefully they file your bills with your health insurance carrier and are paid. But your health insurance company can file a subrogation lien or the hospital can file a lien if certain legal requirements are met and not tell you. Further, your automobile insurance company may also pay your property damage and assert its right to repayment from the at-fault driver.

Contact Information