Lisa was driving her SUV on a highway outside of Fort Worth. She had just left her church at sundown. But the driver of an 18-wheeler going in the other direction had stopped and climbed out to close the gate of his house. Lisa did not see the tractor-trailer, crashed into it, and sustained a serious finger injury.
She had to be rushed to a Fort Worth hospital where her broken middle finger on her left hand was operated on the next day. Several months of physical therapy followed. Fortunately her finger injury healed.
Lisa was enrolled with Medicare and had also purchased a supplemental policy. She assumed that all of her medical bills were being paid and that she would get a good recovery from the 18-wheeler’s insurance company.
But the commercial truck driver claimed that he had his head lights and side lights on and was waving at her to stop. His insurance company initially refused to pay and argued that she was at fault.
We successfully resolved this difficult case at a mediation for $225,000.
We proved that the tractor-trailer driver had failed to comply with federal and state laws and Lisa could not be blamed for the wreck. Mr. Berenson has handled many tractor-trailer crash cases over the past 41 years and he did not believe that Lisa was at fault.
After obtaining the settlement, we could have closed the file. But we kept fighting to get our client more money.
We requested that a separate check be written to the hospital for its $47,000 bill and held that aside. We spent five months fighting the hospital and its collection company. We just got the hospital to file a release of its lien after we proved its bill had been filed too late with her Medicare policy.
So now, after attorney’s fees and expenses, Lisa receives over $148,000.
We were concerned that a jury might find her to be more than 50% at fault in causing the collision which would mean she received no money. Texas courts use the modified comparative negligence standard in deciding liability and damages. A driver must be less than 50% to blame — and then their damage award will be reduced by that percentage. We do everything possible to fight any reduction of the amount awarded to our clients.
There is no one-size-fits-all number that a car accident lawyer can tell you without knowing all the facts about your case. We consider over 60 variables in any injury case.
And valuation will be an estimate since the only way to know is to have a jury reach a verdict.
We have handled many other finger injury cases like Lisa’s – and all types of personal injury claims – over the past 41 years and have a good idea the range of what a case is worth.
Here is a recent blog we wrote about some of the finger and hand injury cases we have been involved with and their case amounts: Value of injured finger or hand after a crash
Since 18-wheeler companies have to purchase larger amounts of liability insurance, these cases can be worth substantially more than ones where an individual driver’s policy pays for damages.
Here is more information about tractor-trailer cases: How much money can you get from commercial truck insurance after crash?
Lisa and her husband are 81 and we did not want to put them through the stress and added expenses of litigation or make them wait several years to go to trial. Covid has slowed down how long it takes cases to get reached for a trial.
Further, if Lisa were to lose the case on liability or be found 51% or more at fault, she would get no money and still owe that hospital bill.
We are truly blessed to represent so many fine people like Lisa and her husband over the past 41 years. We are delighted that almost every client we have been blessed to represent has been happy with our work.
Lisa and her husband were thrilled – and that was before they found out this morning they are receiving even more money. He wrote this wonderful review after we settled the case last summer:
Last September my wife was injured in an accident with a semi-truck that had blocked the road completely and the driver was not in the truck. She had surgery the next day.
I was met at my home by a person representing the trucking company. I informed her that I planned to get us a lawyer, and she left.
I then went into my house and prayed that God would help me get the right lawyer. I felt led to Berenson Injury Law. And we have not regretted that decision.
Bill and his staff kept us informed constantly. We were blessed by their work on our behalf and quite satisfied with our settlement.
We only represent the injured victims of car, pickup truck, SUV, 18-wheeler, motorcycle, and pedestrian collisions.
If you have been injured in a crash, please contact us.
We will fight to get you the compensation you deserve, as you can see from Lisa’s case and the others described above.
Whatever you do, please do not make the mistake that the other driver’s insurance company is going to be fair.
It will not make you a good settlement offer without you first hiring the best personal injury lawyer.
For more information please read: