An estimated 350,000 Americans have undergone an inferior vena cava (IVC) surgery, allowing a doctor to insert a filter into their blood vessel that’s designed to prevent pulmonary embolism. For most, it’s a procedure that goes off without a hitch. For a notable minority of several hundred, however, complications following an IVC surgery have resulted in severe injury and even death.
Whether your IVC complication is the result of someone’s carelessness and whether you may recover under negligence or product liability theories are important questions to ask. Some experts, in fact, believe that IVC manufacturers understood the risks associated with their product better than the doctors and consumers who used them. If that’s the case for you, you may have a valid legal claim.
Want to know more about your rights under the law? The attorneys at the Dallas law firm of Fears Nachawati are prepared to advise you. For your free consultation, call us at 1.866.545.8364 or email mn@fnlawfirm.com. We’re ready to help you!
In Austin, the Texas 83rd legislative session is in full swing. Among the many laws under consideration is former speaker of the House Tom Craddick’s House Bill 63. This piece of legislation, which has passed the House and awaits action in the Senate, would prohibit drivers from reading, writing, or sending a text-based communication while operating a motor vehicle unless the vehicle is stopped.
House Bill 63 isn’t groundbreaking. Thirty-nine states, the District of Columbia, Puerto Rico, Guam and the U.S. Virgin Islands have all adopted similar laws, including ten states in the last two years alone. The reasons for this uniform shift in public policy are both statistical and political. The U.S. National Highway Traffic Safety Administration (NHTSA) reports at least 3,000 deaths per year are related to text messages; and public opinion polls routinely find an overwhelming number of Americans in support of text-while-driving bans.
How may House Bill 63 affect you? Even if House Bill 63 doesn’t pass, this measure is clear evidence that the risk perception associated with texting and driving is shifting. Texans more readily accept that texting while driving is an unsafe practice and that it puts other people on the highway at risk.
Legal Commentary – Majed Nachawati – Author
Was your recent traffic accident the result of someone else’s careless decision to text and drive? You shouldn’t assume that a jury would think their decision to text and drive was reasonable. Many states, Texas residents, and Texas lawmakers would beg to differ. Find out how their careless conduct may impact your ability to recover under the law. Talk to the attorneys at Fears | Nachawati today. We’re ready to advise you.
About the Author
Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at:
http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html
Selective serotonin reuptake inhibitors (SSRIs), a powerful class of drugs commonly used to treat depression, can have profound, unintended consequences on a child who experiences in utero exposure. According to a recent study, for instance, women who took SSRIs like Prozac, Paxil, or Zoloft were twice as likely to have children with autism spectrum disorder (ASD) and four times as likely to have autism if their mother ingested autism during the first trimester.
“What did you know?” and “When did you know it?” These are two particularly important questions in this area of the law. For many women, the act of taking an antidepressant wasn’t necessarily the result of a legal wrong. Taking an antidepressant without being told of its potential side effects, on the other hand, is something altogether different. You deserve full disclosure from the maker of a powerful drug like Zoloft; if you received less than a complete understanding of the risks, you may have experienced a legal harm that entitles you to compensation.
Want to find out more about your rights under the law? The attorneys at the Dallas firm of Fears Nachawati are prepared to answer your questions and advise you of your rights and responsibilities under the law. For your free consultation, call us at 1.866.545.8364 or email mn@fnlawfirm.com. We’re ready to help you.
In Dallas County, a female motorcyclist was killed two weeks ago when a car slammed into the back of her motorcycle. Travelling on I-20 at high speed, the accident happened quickly and, tragically, with lethal finality.
In response to the possibility that the driver of the car that caused the wreck might have violated Texas criminal law, county law enforcement has considered whether to bring criminal charges. While a criminal suit may protect future drivers from the careless driver and send a clear message to other would-be reckless drivers, a criminal case would do nothing to avenge the civil rights of the victim.
Fortunately, Texas civil law includes an important statute – the wrongful death statute – that provides an avenue of relief for this kind of wrongdoing. In some ways, a wrongful death lawsuit is more challenging than traditional negligence claims. The unexpected loss of a loved one can raise complex and painful emotions. Likewise, the absence of victim testimony can raise unique legal and evidentiary challenges. For these reasons, it can be helpful to have an attorney at your side who understands the emotional issues you’re facing as well as the nuanced legal challenges associated with you case.
Want to know more about wrongful death lawsuits and how the dedicated attorneys at Fears | Nachawati may be able to help you? With years of experience and dedicated expertise, our North Texas lawyers and professionals combine familiarity with your community with a profound knowledge of this area of the law. For more information about your rights and how to fight for your family’s legal interests, talk to us today.
About the Author
Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at:
http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html
Traditional tort law followed the principle of contributory negligence. Based on the idea that a victim should not be allowed to recover if he participated in the cause of his injury, the old rule of contributory negligence was coldly logical – and produced unjust results, in some cases.
Fortunately, in the 20th Century, Texas modified its tort law to replace the strictness of contributory negligence with a more flexible and equitable approach, known as comparative negligence or proportionate responsibility. In Texas, if a victim is less than 50 percent responsible for the cause of his injuries, then he may recover from a liable defendant that portion of the harm that he may attribute to the defendant.
The Texas approach to comparative negligence is important for victims of last month’s Cardinal Coach Lines Inc. charter bus accident in North Texas. At the time of the accident, some victims may have been acting carelessly, such as standing or walking in the aisle while it was travelling. Under the law of proportionate responsibility, however, their carelessness may reduce their damage award, but it will not preclude them from a chance at justice.
Want to find out more about your likelihood for a recovery under Texas negligence law? The attorneys at the law firm of Fears | Nachawati are prepared to answer your questions. For your free consultation, contact our professionals today. Just email us at mn@fnlawfirm.com or call 1.866.705.7584.
Lawsuits tend to focus on the past: who did what to whom. In addition to placing blame on the irresponsible party, however, personal injury lawsuits are also about the future. They ask questions about what might have been. In fact, although some damages are about past grievances, some of the most important – and potentially valuable – damages are an estimation about future earnings or future quality of life.
The Cardinal Coach Lines Inc. accident that shook North Texas last month is likely the basis for lawsuits from virtually every one of the more than forty passengers who suffered injury and property damage as a result of the accident. One of the most important questions that remain is simply which passengers intend to step forward and pursue their rights under the law.
At least two victims rights’ are already being protected. The first reported lawsuit in the Cardinal Coach Lines Inc. case was filed by a 74 year-old woman seeking up to half-a-million dollars in damages. More recently, the bereaved family of an 84 year-old who died in the accident filed a wrongful death suit.
The question for the remaining victims and their families is whether to take action. When thinking about this question, it’s important to remember that such a lawsuit isn’t just about the past. It’s also about the future – and the future that might have been.
Want to know more about how to protect your legal rights and interests? Speak with the professionals today at Fears | Nachawati today. Our attorneys are ready to provide you with your free consultation. Just email us at mn@fnlawfirm.com or call 1.866.705.7584.
The Cardinal Coach Lines Inc. accident that rocked North Texas last month is a classic example of some of the unseen legal risks that may be associated with a personal injury lawsuit – and why it’s imperative that victims act promptly.
Organized in May 2007, Cardinal Coach Lines Inc. has many of the appearances of a successful company. It runs five buses 250,000 miles per year. It has annual earnings of more than $2,000,000. It employs 12 people, including seven drivers.
The success of Cardinal Coach Lines Inc. may be more illusory than an observer might first suspect. Between December 2008 and March 2009, Cardinal proceeded through Chapter 7 bankruptcy. And it had a couple of violations during its last inspection.
Sadly, many companies operate surprisingly close to insolvency. Intensive capital costs, such as high-quality charter buses, and inflexible labor costs, such as labor, give the owners and managers of these close-run businesses little room for error. A catastrophic event, such as an unanticipated and severe collision like the one that Cardinal experienced in April, can overwhelm the firm’s balance sheet with new liabilities – like personal injury claims – and force the business back into bankruptcy.
Of course, insurance should pay for some costs. The firm’s past profits and equity should also buoy a stressed firm, too. However, particularly where liabilities are significantly larger than predicted, this financial cushion may not be enough. This lack of capital can cause creditors, including tort claimants, to race for what available dollars exist.
Victims of an accident may soon find themselves struggling through the nuances of not only tort law, but also bankruptcy law. Where this is the case, it’s important to have representation from a firm that understands both disciplines. Fortunately, the attorneys at the Dallas law firm of Fears | Nachawati have precisely this skill set.
Want to know more about how we may be able to help you and your family recover after your charter bus accident? The attorneys and dedicated professionals are ready to answer your questions at a free consultation. Email mn@fnlawfirm.com or call 1.866.705.7584.
Earlier this month, the lives of more than forty Texans were unexpectedly and, several cases, permanently injured when a charter bus driven by an employee of Cardinal Coach Lines Inc. rolled, ejecting several passengers and hurting many more.
Speculation in this particular case and the pattern of evidence in countless others had pointed to the possibility that careless conduct may have contributed to the accident. A report by the Texas Department of Public Safety last week confirmed what many victims, families, and experts had suspected: the driver was at fault.
The basis of the DPS’s report was, in part, an admission by the 65 year-old driver who had caused a highway fatality fifteen years earlier. In an after-accident interview, the driver admitted that he might have blacked out moments before the collision. This disclosure, combined with a witness who did not recall the loud bang often associated with a blowout significant reduced the likelihood that the accident was the result of a mechanical failure, such as a blowout, as was more probably the result of human error.
Importantly, the driver may not have been the only party liable for human error. The DPS report, particularly its findings that underscore the driver’s age, driving history, and possible medical condition, raise profound questions about the hiring practices of the employer, Cardinal Coach Lines Inc. Charter bus companies, like all businesses, have an obligation to hire qualified personnel, particularly in instances in which human lives are at stake. Critical questions remain as to whether Cardinal acted with appropriate care.
Last week’s DPS report may have spurred some victims to action. Already, four victims or their families have taken legal action in an attempt to hold the negligent parties accountable and to recover for the legal wrongs they suffered. Want to find out whether a civil action might be the right approach for your loved ones? The experienced attorneys and dedicated professionals at Fears | Nachawati may be able to help you. For your free consultation, email us at mn@fnlawfirm.com or call 1.866.705.7584.
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