How An Injury Lawyer Can Successfully Resolve A Catastrophic Injury Case

Yesterday a judge finalized a lawsuit when a 17-year-old high school student was critically injured. My client was a passenger in a car that was being driven by another young man in south Fort Worth. My client’s driver sped through a red light and was t-boned by a dually pickup truck at the intersection shown here. My client tragically suffered a traumatic brain injury and is still in a vegetative state months later.

The young man’s injuries are catastrophic. But the driver’s substandard insurance company denied the claim, saying he was not a covered driver under his mother’s liability policy. And the truck driver’s liability carrier denied that he was at fault. There were no other insurance policies or assets to collect on. This left no money for the family’s huge medical bills and other damages.

We went to work. After a diligent investigation and negotiation, we convinced the two insurance companies to pay both insurance policies in full. The second policy for the truck driver was substantial. My staff and I fought to reduce the young man’s medical bills from $700,000 to only $7,500. I reduced my attorney’s fee by almost one-half and waived all expenses to give the young man more money for his future medical care. I quickly arranged for a special needs trust to be drafted to handle his future medical needs to preserve his Medicaid entitlement and hired an excellent but lower priced attorney to also act as the trustee. Other legal details were handled. Finally, I pushed to get the settlement approved by the court in less than four months from the day of the collision.

The young man is fortunately showing signs of improvement. That’s great news.

What can a personal injury lawyer do that someone couldn’t do himself?

The family of an incapacitated person does not have to hire an attorney. In devastating cases like this one, if there is only the standard $30,000 limit that most Texas drivers carry, the at-fault driver’s carrier usually writes a check for that sum. But before it does, the adjuster requires that the enormous medical bills are paid and all hospital, health insurance, Medicare, and Medicaid liens are released. These medical, insurance, and legal issues can be complex.

If someone you love has been catastrophically hurt in an auto or truck collision, make sure whichever lawyer you hire is prepared to

  • investigate liability and coverage issues immediately;
  • fight to eliminate or greatly reduce liens;
  • make health insurance companies pay for medical bills;
  • file on all available insurance policies;
  • research the assets of all responsible parties;
  • advance needed funds for medical care and living expenses;
  • set up a special needs trust to preserve Medicaid eligibility; and
  • get you into court as soon as possible

Berenson Injury Law Can Help

Our Fort Worth law firm has successfully represented the families of people who have suffered brain injuries since 1982. While we wish that these catastrophic injuries did not happen, we are here to fight to get our clients and their families the compensation they deserve.

More on this topic:

The tragic reality of brain injuries in children and teenagers



Share This Post