Texas Car Accident Laws

May 12, 2021

Proof of Medical Bills Will Be More Difficult

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.

February 17, 2021

In a Texas Icy Road Accident? Here’s What To Do Next

by William K. Berenson

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

January 29, 2021

How To Fight a Texas Hospital Lien

by William K. Berenson

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.

September 5, 2019

Fatal Car Crashes by Red Light Running At All-Time High

by William K. Berenson

You see this as you drive in North Texas all the time. You slow down and come to a stop when you see that the traffic light changes to yellow, then red. This is Driver’s Ed 101, not to mention common sense. But another driver — often a young man in an oversized truck — guns it and blazes through the intersection. We saw that happen as we were taking this photo. The problem is when someone — often in a smaller car coming from a side street — doesn’t or can’t see that truck. These red light runners are causing more and more fatal car crashes.

New report explains what is causing these fatal car crashes

A new study reveals that this serious problem has reached a new high. Almost 1,000 people died at the hands of red light runners in 2017, according to the AAA Foundation for Traffic Safety. This was the fifth year in a row that this terrible number increased and there is no apparent end in sight.

July 22, 2019

Should You Settle or Sue After Your Texas Car Accident?

by William K. Berenson

tarrant-county-courthouse-1 Getting 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.”

June 21, 2019

How Texas Personal Injury Cases Are Affected By New Laws

by William K. Berenson

Texas_State_Capitol_Night
The governor’s final day to sign or veto bills passed by the state legislature was Sunday. Fortunately, the right of Texans to access the courts and recover damages was not adversely affected. Of the 7,500 bills introduced and 1,400 passed, here are several that affect the car and truck crash cases we have specialized in for almost 40 years at Berenson Injury Law.

HB 1693 AFFIDAVITS TO PROVE MEDICAL RECORDS AND BILLS

The plaintiff must file his medical records and bills with affidavits proving that the service was reasonably priced and necessary and itemize how much of the bill was paid and how much is due. The new law accelerates the filing deadlines by requiring that affidavits be filed 90 or 120 days after the defendant’s answer is filed/experts deadline.