Texas Injury Law Blog : Dallas Accident Lawyer & Attorney : Fears Nachawati Law Firm : Personal Injury, Wrongful Death : Ft. Worth, San Antonio, Austin, Houston, Texas

Fewer Texas teens are talking on their cell phones and texting while driving – that’s what the results of a study conducted by the Teens in the Driver Seat Center of the Texas Transportation Institute show.

Over the course of two years, researchers surveyed more than 18,000 Texas high school students about their usage of cell phones while driving. Students from both urban and rural schools were included.

The percentage of teens who say they talk on the phone while driving dropped from 52% to 46% for urban teens and from 66% to 52% for rural teens. The percentages also dropped with regard to texting while driving, with the numbers falling from 47% to 42% for urban teens and 58% to 48% for rural teens.

Those percentages should drastically decline as it is now illegal for drivers under the age of 18 to use a cell phone while driving, a law that went into effect on September 1^st of this year.

To read more about the study, click here.

Fears | Nachawati is a Texas personal injury law firm representing victims of car accidents. If you or a loved one has been injured in a car accident, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for free legal advice.

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Whether or not your Texas personal injury lawsuit will be heard by a jury depends on whether you or the defendant requests a jury trial. In Texas, the right to a jury trial is guaranteed by the state constitution. However, in civil lawsuits, such as a personal injury lawsuit, that right is not “self-executing.” That is, you have to make a written request for a jury trial. If you don’t, your case will go before a judge with no jury.

Both you and the defendant have a right to request a jury trial. In order to receive a jury trial, the party must comply with Texas Rule of Civil Procedure 216, which states:

a.       Request. No jury trial shall be had in any civil suit, unless a written request for a jury trial is filed with the clerk of the court a reasonable time before the date set for trial of the cause on the non-jury docket, but not less than thirty days in advance.

Also, in accordance with Rule 216, you must pay a small jury fee:

b.     Jury Fee. Unless otherwise provided by law, a fee of ten dollars if in the district court and five dollars if in the county court must be deposited with the clerk of the court within the time for making a written request for a jury trial.  The clerk shall promptly enter a notation of the payment of such fee upon the court's docket sheet.

Fears | Nachawati is a Texas personal injury law firm. To receive free legal advice about your personal injury lawsuit from an experienced attorney, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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Texas 18-wheeler accidents present unique legal challenges, making them much more complicated matters than the typical passenger vehicle accident. The amount of damages and the extent of the injuries sustained in 18-wheeler accidents far exceed that of the typical Texas car accident. That means the stakes are higher for the insurance companies, particularly for the commercial insurance carrier that holds the 18-wheeler’s policy.

Not only does the victim of a Texas 18-wheeler accident have to contend with the trucking company’s insurance company, they have to deal with the trucking company’s expansive team of in-house lawyers and investigators as well. Trucking companies are typically large, nationwide corporations with extensive resources at their disposal.

Yet another way that 18-wheeler accidents differ from other Texas car accidents is the laws involved. In addition to Texas traffic laws, the Federal Motor Carrier Safety Administration Rules and Regulations, which govern 18-wheelers and their drivers, may also come into play.

These are just a few of the reasons why the victims of 18-wheeler accidents need an experienced Texas personal injury lawyer on their side. The attorneys of Fears | Nachawati are here to ensure that your rights are protected. To receive free legal advice about your Texas 18-wheeler accident, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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Who was at fault? It’s the most basic, and most important, question that must be answered if you have been in a car accident. The person who is at fault is the person whose negligence caused the accident – and the person who is going to have to pay for the damages. Sounds pretty simple, right?

Well, sometimes fault can be a tricky thing. It is not uncommon for both drivers to have played a role in causing the car accident. When a victim’s own actions contributed to their accident, it’s known as contributory negligence. The question that must then be decided is whether the victim’s contributory negligence should prevent them from being able to recover damages.

To answer that question, Texas uses the proportional comparative fault at 51% rule. If you are involved in a car accident in Texas, you cannot recover damages from the other party if you are 51% or more at fault for the accident. The proportional degree of fault is usually decided by the insurance company adjusters.

You do not have to go through the insurance claim adjustment process alone. An experienced Texas personal injury lawyer can go to work for you to ensure that all of the evidence of fault is fairly and accurately presented. If you have been involved in a Texas car accident, contact Fears | Nachawati today to help ensure your ability to recover damages from the responsible party.

To receive free legal advice about your car accident, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.  

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The parents of a Texas student killed in a fraternity hazing ritual have filed a wrongful death lawsuit. The suit, filed by Scott and Julia Starkey of Austin, Texas, names several defendants, including the Illinois-based fraternity Sigma Alpha Episoln, the fraternity’s local chapter and nine of its members.

The victim was 18-year-old Carson Starkey, a freshman at California Polytechnic University. Starkey, a graduate of Austin High School, died in December after consuming large amounts of alcohol during a pledging ritual.

Starkey, along with the other pledges, was given a brown bag containing an alcoholic beverage and was given 90 minutes to finish what was inside. The ritual is known as “Brown Bag Night.”

At the time of his death, Starkey’s blood alcohol level was between 0.39 and 0.44 percent. According to police reports and the lawsuit, it is an amount equivalent to surgical anesthesia and is five times over the legal driving limit in Texas.

In the wrongful death lawsuit, Starkey’s parents are seeking an unspecified amount of damages as well as an injunction that would prohibit the fraternity from engaging in future hazing rituals.

Four of the nine members named in the wrongful death lawsuit were criminally charged by the San Luis Obispo County district attorney’s office in May in connection with Starkey’s death.

The California Polytechnic chapter of Sigma Alpha Epsilon has been suspended indefinitely.

To read more about this wrongful death lawsuit, click here for the complete story.

Fears | Nachawati is a Texas wrongful death law firm representing families who have lost loved ones due to negligent or intentional acts of an individual or organization.  We provide free legal advice on Texas wrongful death lawsuits.  For your free consultation, simple email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.  

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Three people are dead after a six-vehicle accident involving a National Guard Humvee. Wednesday morning, a National Guard Humvee traveling on I-35 near Troy, Texas, went airborne and flew over a concrete median.

The Humvee was being driver by a 21-year-old soldier named Altha Gibson. For reasons that remain unclear, Gibson drifted off the road and then recrossed both southbound lanes on I-35 before vaulting over the median.

The Humvee then struck a Toyota Corolla traveling in a northbound lane, killing the driver, 41-year-old Douglas Ashcroft. The Humvee remained airborne after hitting the Corolla and struck the cab of an 18-wheeler, killing its driver as well, 44-year-old Donald Johnson.

The Humvee finally came to a stop after landing upside down in the middle of the interstate. However, the chain reaction it set into motion was not over.

After being struck, the 18-wheeler jackknifed, hitting an unoccupied truck parked on the shoulder of the road along with the SUV it was towing. A trash compactor truck then crashed into the 18-wheeler. The driver of the trash compactor was not injured.

Gibson, the driver of the Humvee, was killed in the accident. The cause of the accident remains under investigation.

Click here for more on this multi-vehicle Texas car accident.

Fears | Nachawati is a Texas law firm that represents car accident victims and their families. If you or a loved one has been involved in a Texas car accident, contact us today. Email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584 to receive free legal assistance and advice on your Texas personal injury or wrongful death lawsuit. 

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One of the most common questions people have about Texas car accident lawsuits is how to determine who is at fault. In Texas, courts use the “proper lookout” standard to help determine whether a driver was negligent.

“Proper lookout” refers to a driver’s responsibility to carefully and intelligently observe the traffic around them and the general circumstances in the vicinity while driving. The proper lookout standard is the duty of all drivers to pay attention to both the road and other drivers and take reasonable steps to guard against car accidents.

If a driver does not meet the proper lookout standard, then they can be found negligent and held legally responsible for the harm caused by their negligence.

If you have been injured in a car accident caused by someone else’s negligence, contact Fears | Nachawati to receive free legal advice from a Texas personal injury lawyer. For your free legal assistance, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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Gallbladder disease is among the several dangerous side effects of Yaz and Yasmin birth control pills. Throughout the U.S., women who have taken Yaz or Yasmin have developed gallstones as a result. In many cases, these women have had to undergo gallbladder removal surgery.

Yasmin and Yaz present an increased risk of gallbladder disease because of the ingredient drospirenone. Drospirenone is a diuretic, and medical studies have shown that long-term use of diuretics can lead to gallbladder disease.

The gallbladder assists with the body’s digestive process. Bile is stored in the gallbladder until the body needs it to digest fats. The gallbladder then contracts, pushing the bile into the common bile duct. Gallstones form when bile is stored in the gallbladder for too long, allowing the liquid to harden into small stone-like pieces.

Yaz and Yasmin can increase the level of cholesterol in the bile while at the same time decreasing gallbladder contractions. The symptoms of Yaz gallbladder disease include:

• Abdominal pain and bloating
• Diarrhea
• Nausea
• Jaundice

If you have suffered from gallbladder disease as a result of taking Yaz or Yasmin, contact Fears | Nachawati today. The Yaz lawsuit attorneys of Fears | Nachawati will provide you with free legal advice and answer all of your questions about your possible Yasmin or Yaz lawsuit. Email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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In a Texas wrongful death lawsuit, one type of damages the victim’s family may receive is loss of future earnings. Lost future earnings represent the amount of income the victim would have earned if they had lived.

Loss of future earnings is based on the decedent’s work life expectancy. Work life expectancy is different from a person’s life expectancy. For example, it may be determined that a person would likely have lived to age 75 but would have only worked until age 65.

On the most basic level, loss of future earnings is calculated by multiplying the number of years the victim would have continued to work by the victim’s income at the time of their death.

For instance, suppose the victim died at age 30 and was expected to work until the age of 65. Also, at the time of their death, the victim was making $20,000 a year. Loss of future earnings would be 25 x $20,000, which equals $500,000.

However, the courts typically take this amount of money and reduce it to present value. Present value is the amount of money today that is equal to a future payment. Calculating present value involves using a mathematical table to estimate how much today’s dollar would be worth in the future based on an annual interest rate and the number of years the victim was expected to live.

As you can see, determining loss of future earnings in a Texas wrongful death lawsuit can be quite complicated. To ensure that you receive the compensation you deserve, you need a Texas wrongful death lawyer who understands the often complex mathematical formulas involved with calculating loss of future earnings.

The attorneys of Fears | Nachawati are experienced with Texas wrongful death lawsuits and are dedicated to ensuring that their clients are fully and fairly compensated, not just for loss of earnings but for all damages available in Texas wrongful death lawsuits. To receive free legal advice from one of our Texas wrongful death lawyers, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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Vicarious liability is a legal doctrine that holds a person responsible for the actions of another person. Vicarious liability means that Person A can be held legally responsible for the harm caused by Person B’s negligent actions – even though Person A did not directly cause that harm. It is an exception to the general rule that we are only responsible for our own actions.

A common example of vicarious liability is respondeat superior, a specific instance of vicarious liability where an employer is held liable for the actions of their employee. For instance, suppose that Jake works at ABC Grocery Store, and he’s unloading a crate of sacks of flour and putting them on a shelf. Rather than carefully placing the sacks on the shelf, however, Jake is tossing them onto the shelf without paying attention to whether any customers are in the area.

Sally, a shopper, is walking down the aisle and one of the sacks of flour lands on her foot and breaks her toes. Even though it was Jake’s negligence that caused Sally’s injuries, Jake’s employer may be held legally responsible under the doctrine of vicarious liability.

The purpose of vicarious liability is to ensure that the proper person is held accountable for the plaintiff’s injuries. Vicarious liability sometimes applies in Texas personal injury lawsuits. It is important that an attorney fully understands the concept of vicarious liability to make certain that the right people are named as defendants in the lawsuit.

If you have questions about Texas personal injury lawsuits and who is liable for your injuries, contact Fears | Nachawati for free legal advice. You can reach us by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

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The reasonable person is a legal fiction. It is a hypothetical person who uses average care, judgment and skills in conducting themselves. We use the reasonable person standard to determine whether a person’s conduct was negligent in a given set of circumstances. Typically a person is negligent if they fail to behave the way a reasonable person would under those same circumstances.

In general, negligence relates to a defendant’s actions rather than their state of mind. Therefore, we need a way to decide if those actions were reasonable. The reasonable person standard provides courts and juries with an objective test that can be used to decide whether a person’s actions constitute negligence.

The reasonable person isn’t perfect. A reasonable person is allowed to make mistakes in perception and errors of judgment – but only if that mistake or error was reasonable under the circumstances. If the mistake was consistent with exercising ordinary care, then making that mistake does not constitute negligence.

The reasonable person standard frequently comes into play in Texas personal injury lawsuits because most personal injury lawsuits are based on negligence. If you have been injured due to someone’s negligence, contact Fears | Nachawati to speak with a Texas personal injury lawyer. Just email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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A Texas man was killed in a workplace accident Friday morning. The accident, which involved a forklift, is currently under investigation by OSHA.

The accident took place at H&S Constructors Property in Corpus Christi, Texas. The victim, a worker for Strouhal Tire Service, was on site changing a tire on a forklift. As he was changing the tire, the jack went out, pinning him underneath the forklift.

A spokesperson for H&S says the company will be investigating the accident to determine what, if any, corrective actions should be taken in light of the worker’s death.

OSHA is currently investigating the incident to determine whether any OSHA standards were violated. OSHA has up to six months to complete its investigation before it must produce a public report.

The name of the Texas workplace accident victim has not yet been released. What is known is that the victim was in his late 40s and was a longtime employee of Strouhal Tires.

To read more about this workplace accident, click here for the complete story.

Fears | Nachawati represents victims of Texas construction accidents and workplace injuries. To receive free legal advice about your possible claim, contact us today by email at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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A Marine Corps reservist was hit and killed while helping victims of a car accident on Interstate 20 in Arlington, Texas, early Sunday morning.

The Good Samaritan was 23-year-old Alvaro Rios of Dallas, Texas. Rios, an aircraft engine mechanic, was en route to a monthly drill at NAS JRB Fort Worth when he happened upon the three-car accident. He stopped to aid the victims and direct traffic around the crash.

Rios was struck by a passing motorist who attempted to drive around the accident site. Rios was pronounced dead at the scene.

Police say the driver was not intoxicated or speeding when he hit Rios. At this point police say it is unlikely that the driver will face any criminal charges.

Two people involved in the initial accident were sent to a nearby hospital with non-life threatening injuries.

Click here for the complete story.

Fears | Nachawati is a Texas personal injury law firm that helps car accident victims and their family members get the compensation they deserve. To speak to a Texas car accident lawyer, and receive free legal advice on your potential lawsuit, contact Fears | Nachawati today. Simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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Two people were injured in a car accident on the Dallas North Tollway caused by an accused drunk driver. The accident happened at approximately 3 a.m. Thursday morning near Loop 12.

The accused drunk driver is 47-year-old Isidoro Camacho of Dallas, Texas. Camacho was traveling north in the southbound lanes of the Tollway for about a mile before he collided with a Chevy Cobalt.

Fortunately, the driver of the Cobalt, Holly Harding, 23, saw the Pontiac and was able to maneuver her vehicle to avoid a full head-on collision.

Both Harding and Camacho were injured, but both were reported to be in good condition when they were taken to Parkland Memorial Hospital.

Camacho faces charges of drunk driving.

To read more about this Dallas, Texas, car accident, click here for the full article.

Fears | Nachawati is a Texas personal injury law firm representing victims of car accidents, including those who have been injured by drunk drivers. For free legal advice, contact us today by email at info@fnlawfirm.com or on our toll-free number at 1.866.705.7584.

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The O.J. Simpson criminal case and subsequent wrongful death lawsuit left many people confused. You can be tried for murder and then, even if you’re found innocent, be sued for the person’s death?

It does sound a lot like double jeopardy, and the 5^th amendment states we cannot be tried for the same crime twice. The difference in O.J. Simpson’s case, and in cases like his, is that he wasn’t being tried twice for a crime. Murder is a crime, while wrongful death, on the other hand, is a tort. One was a criminal case and one was a civil lawsuit.

Murder is a type of wrongful death, but not all wrongful deaths are murders. For example, a patient may die because of a doctor’s negligence, which is malpractice. The doctor didn’t murder the patient, but the doctor can still be sued for wrongful death.

Murder is an intentional act, while some wrongful deaths are the result of an accident. For instance, if ABC Grocery Store neglects to clean up a puddle of water down one of the aisles, and a person slips, hits their head on the ground and dies as a result, ABC has not committed murder. They may be found responsible for the death in a civil lawsuit because they were negligent in failing to mop up the puddle, but they the store obviously didn’t intend for someone to be killed.

Another major difference between murder and wrongful death is that murder charges are brought by the state against the defendant, not by the victim of the crime. On the other hand, the family members of a wrongful death victim are the ones who initiate a wrongful death lawsuit.

Also, a murder conviction can (and usually does) result in a prison sentence or, in more rare instances, the death penalty. A defendant in a wrongful death lawsuit is punished by having to pay the victim’s family members a certain amount of financial compensation.

Fears | Nachawati is a team of Texas wrongful death lawyers who help the families of deceased accident victims. If you have lost a loved one in an accident, contact us today for free legal assistance. You can contact us by email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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A Texas man is suing two construction companies over injuries he sustained in a workplace accident four months ago. The plaintiff, Marlon Flores, fell while installing siding on a townhouse.

The construction site accident lawsuit names Remington Homes Inc. and ROC Commercial Builders LLC as defendants. Both companies, the lawsuit alleges, failed to supervise the plaintiff while he was performing construction work on the residential property.

Court papers for the Texas workplace injury lawsuit state that, as a result of the accident, Flores has experienced, impairment, disfigurement, pain and suffering and mental anguish. Flores is seeking an undisclosed amount of compensation for his personal injuries.

In addition to lack of supervision, Flores is also alleging that the two defendants committed multiple violations of OSHA regulations both prior to and at the time of the workplace accident. The suit alleges that these violations were a second proximate cause of the incident and resulting personal injuries.

Click here for more on this Texas construction site accident and Flores’ personal injury lawsuit.

Have you been hurt in a construction site or other workplace accident? Contact Fears | Nachawati today for free legal advice. Simply email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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In most cases it is the plaintiff’s responsibility to prove that the defendant was negligent in order to win a Texas personal injury lawsuit. However, there are some cases where the defendant’s negligence is a matter of law, and the plaintiff does not have to put forth any further evidence to establish the defendant’s negligence.

This situation is known as “negligence per se.” Negligence per se applies in some cases where the defendant committed an unexcused violation of the law. Specifically, the doctrine of negligence per se applies in cases where two conditions are met:

1. The law which the defendant violated was put in place to prevent the type of harm for which the plaintiff is seeking to recover damages.
2. The plaintiff is within the class of persons for whom the law was enacted to protect.

For example, say that Joe is driving in his car at a speed that exceeds the limit of 55 mph. If Joe is driving at 75 mph, he has violated this traffic law. Speed limits are put in place to help prevent accidents, which means they are enacted to prevent other drivers from being injured.

If Joe crashes into Mary’s car while he’s speeding, there is a good chance that negligence per se will apply. Reason being, Mary is a driver, so she is within the class of persons the law was enacted to protect.

Not all violations of the law, however, qualify as negligence per se. For instance, suppose Joe was driving the speed limit, but at the time of the accident Joe’s license plate was on the front of his car when the law requires that it be on the back of the car. Joe’s violation of the license plate law is not the cause of the accident or the cause of the plaintiff’s injuries. In this case, the doctrine of negligence per se would not apply.

At Fears | Nachawati, our Texas personal injury lawyers know Texas traffic laws inside and out. They will carefully examine the cause of the accident and your injuries to determine whether the highly beneficial doctrine of negligence per se applies to your case.

For free legal assistance and advice on your potential personal injury lawsuit, contact Fears | Nachawati today. You can email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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Sometimes when a person is hurt on someone else’s property, the injured person can bring a personal injury lawsuit against the property owner. Premises liability is the area of law that makes a property owner liable for injuries suffered by a person while on their premises. Premises liability law applies to both private and commercial properties.

When we think about premises liability, a “slip and fall” accident is usually one of the first things that comes to mind. However, there are a wide range of incidents leading to an injury that fall under premises liability law, including:

• Dog bites
• Trip and falls
• Being struck by falling objects
• Being injured by malfunctioning doors or an elevator
• Being assaulted because the property does not provide adequate security

Not every injury sustained on someone else’s property is grounds for a Texas personal injury lawsuit. Premises liability comes into play only in situations where the accident was caused by the property owner’s negligent maintenance or operation of their premises.

To be successful in bringing a lawsuit under the theory of premises liability, you must be able to show not only that a condition presenting an unreasonable risk of harm was present on the property, but also that the property owner knew, or should have known, about the condition. Additionally, you have to show that the property owner had sufficient time to discover and correct the dangerous condition.

If you were injured while on someone else’s property, contact Fears | Nachawati today. You will speak with a Texas personal injury lawyer who will answer your questions about premises liability law and determine whether you have a claim.

For your free consultation with a Texas premises liability lawyer, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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In Texas there is a law known as the Texas Dram Shop Act. The Texas Dram Shop Act makes it possible someone injured by an intoxicated person to sue the provider of the alcoholic beverages. Only licensed providers, not private citizens, are subject to the Texas Dram Shop Act.

In order to successfully bring a claim under the Texas Dram Shop Act, certain conditions must be met. First, it must have been apparent to the provider of the alcoholic beverages that the person being served was obviously intoxicated to the extent that the they presented a clear danger to themselves and others. Second, the person’s intoxication must be the immediate cause of the injuries suffered by the plaintiff.

Providers of alcoholic beverages do have a defense available to them known as the “safe harbor.” Three conditions must be met in order for the provider to escape liability under the safe harbor. First, the provider must have required its employees to attend a commission-approved training program. Second, the employee must have actually attended the program. Last, the employer must not have directly or indirectly encouraged the employee to violate the Texas Dram Shop Act.

At Fears | Nachawati, we know that bringing a lawsuit against the provider of the alcoholic beverages is sometimes the only way for an injured person to collect compensation. It sometimes happens that the intoxicated person who caused the accident is unable to pay the damages awarded to the plaintiff.

That is why our Texas personal injury lawyers are committed to successfully pursuing claims under this law when applicable. It is critical to the success of your case that every possible defendant is named in your lawsuit.

If you have been injured by a drunk driver or other accident caused by an intoxicated person, contact us today to receive free legal advice about your possible Texas personal injury lawsuit. You can e-mail us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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A 5-year-old girl from Temple, Texas, was struck by an SUV on her way to a school bus stop Tuesday. The girl, Alyson Moreno, is battling life-threatening injuries sustained in the accident. Moreno suffered severe injuries to her face, head, upper body and legs.

At the time of the accident, Moreno was walking to catch the bus to Hector P. Garcia Elementary School along with a group of friends. None of the other children were hurt.

The driver of the SUV was 26-year-old Veronica Magana. Magana hit Moreno as she was crossing East Adams Avenue. Temple police say Moreno was dragged by the car for approximately 50 feet. Magana was not injured in the accident.

The accident remains under investigation, and authorities say it is still too early to know whether any charges will be filed.

To read more about this tragic accident, click here for the complete story.

If you or a loved one has been hurt in a car accident, contact us today to discuss your legal options. The Texas personal injury lawyers of Fears | Nachawati provide free legal advice to accident victims about their potential personal injury lawsuit, including victims of pedestrian accidents. Simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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In Texas, the document used to initiate a civil lawsuit is called a petition. In the petition, the person bringing the lawsuit (the plaintiff) describes the nature of the dispute, explains why the person being sued (the defendant) should be held responsible and asks the court to take a specific action, such as awarding the plaintiff monetary damages.

The answer is the defendant’s written response to the petition. In the answer, the defendant will either admit or deny the allegations made by the plaintiff in the petition. An answer will also set forth any defenses the defendant has to the plaintiff’s claims as well as ask the court to decide in the defendant’s favor.

If you are considering filing a Texas lawsuit, the first step you should take is to contact an attorney to discuss your legal options. At Fears | Nachawati, we will provide you with free legal advice about Texas lawsuits and answer all of your questions about the Texas civil litigation process. For your free legal consultation, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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It’s a common scenario: A truck driver for Company X is making some routine deliveries. The driver, Bill, is behind schedule, so he starts speeding and running stop signs, thinking he can make up the lost time. Bill runs a red light and hits Joan, who was proceeding lawfully through the intersection in her car.

Joan is seriously injured in the car accident and plans to bring a Texas personal injury lawsuit against Bill. Bill, however, has virtually no assets, and Joan would be unlikely to recover any damages the court would award her.

It may sound like Joan’s situation is hopeless, but a skilled Texas personal injury attorney knows that there is still another viable legal avenue to pursue: bringing a lawsuit against Company X, Bill’s employer.

Most of the time the law does not hold a person legally accountable for the action’s of another person. One exception is the doctrine of respondeat superior. Respondeat superior is a Latin phrase meaning “let the master answer.” Under respondeat superior, an employer can be held liable for the acts of their employees.

This means that a person injured by an employee, like Joan was, can actually recover damages for their injuries from the employer, even though the employer did not cause the plaintiff’s injuries.

There is no requirement that the plaintiff show that the employer was negligent.

In order to successfully establish a claim of respondeat superior, a plaintiff must prove three basic things:

1. The plaintiff was injured as a result of the tortfeasor’s negligent act.
2. The tortfeasor was an employee of the defendant at the time the negligent act was committed.
3. The negligent act was committed while the employee was acting within the scope of their employment.

The requirement that the negligent act be committed while the employee was acting “within the scope of their employment” is key. An employer obviously isn’t responsible for everything their employees do. If Bill had hit Joan’s car while he was on his way home from the grocery store rather than while he was on the job, Company X wouldn’t be liable for Joan’s injuries.

In order to prove that the employee was acting within the scope of their employment (making the employer potentially liable), the plaintiff must show that the employee’s act was:

1. Within the scope of the employee’s general authority
2. In furtherance of the employer’s business
3. The object of the employment

All of the Texas personal injury lawyers of Fears | Nachawati understand the complex doctrine of respondeat superior and know how to use it in the appropriate cases to ensure that their clients receive full and fair compensation.

Contact us today if you have been injured in an accident, and let one of our Texas personal injury attorneys provide you with free legal advice. You can email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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An 18-wheeler and a school bus collided early Monday morning, killing one and injuring two others. The deceased victim, Jerry Calvin Barnes, 64, was driving the Belton Independent School District bus when the accident occurred.

Department of Public Safety officials say that Barnes was driving the bus north on Briana Drive, west of Belton, when he pulled up to a stop sign. Barnes came to a complete stop, and then attempted to turn left onto FM 439 to travel west.

The 18-wheeler was headed east on FM 439 when it crashed into the left front corner of the bus. The 18-wheeler was traveling in the proper lane when the accident occurred. 

Barnes was pronounced dead at the scene of the accident. A bus monitor, 48-year-old Wallace Lee Boshaw, also a BISD employee, suffered non-life threatening injuries, as did the driver of the 18-wheeler, 34-year-old Rodney Mitchell.

No children were on the bus at the time of the accident.

Click here for the full story on this Texas 18-wheeler accident.

Fears | Nachawati provides free legal assistance to victims of 18-wheeler accidents. If you have been injured in an accident with a semi-truck, contact us today to receive no charge, no obligation legal advice from a Texas 18-wheeler accident attorney. Simply email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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On October 20, 2006, the Flower Mound Volunteers baseball team headed to the Texas Motor Speedway to celebrate the end of their season. What should have been a day of fun and camaraderie ended in tragedy when one of the young players was hit by a go-kart-type vehicle, leaving him paralyzed and confined to a wheelchair for the rest of his life.

The victim, Ryan Davies, then 11 years old, was the first to drive the Bandolero, the 500-pound miniature race car by which Davies was later struck. One by one, each of Davies’ teammates took turns driving the Bandolero, often at speeds as high as 70 mph.

The ride actually starts in an adjoining parking lot where the driver is strapped into the car and then proceeds to the track. Davies and his teammates were tossing a football in a corner of that same lot while waiting for their turns.

As one of Davies’ teammates was headed across the lot in the Bandolero to enter the track, he lost control of the vehicle. The boy missed hitting a nearby trailer and several parked cars before crashing into Davies.

Ryan’s parents, Karen Zina and William Davies, filed a lawsuit against the Texas Motor Speedway seeking damages which include the $2 million in medical expenses the family has already incurred. This Monday the case began its second week in court.

In the lawsuit, Davies’ parents argue that the Texas Motor Speedway bears 100% of the responsibility for the accident because of its failure to provide signs, barricades, proper instructions and a “kill-switch” on the car.

The Texas Motor Speedway filed a third-party action against the boy who struck Davies and the boy’s parents. Speedway officials argue that the boy’s parents are responsible because they knew he was “incompetent” to drive the car due to a “mental and/or emotional condition.”

In addition to medical expenses, Davies’ parents are also seeking damages for Davies’ pain, suffering and disfigurement. The parents are seeking additional damages for mental anguish for themselves and Davies’ younger brother, all of whom witnessed the accident.

For more details about this Texas personal injury lawsuit and trial, click here for the complete story.

If you or a loved one has been injured in an accident, contact Fears | Nachawati today for important advice about your legal rights. You will receive free legal assistance from one of our Texas personal injury lawyers. Just email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for your consultation.

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If you have recently been injured in an accident, you may be wondering if you can bring a personal injury lawsuit. In many cases, a person who has been hurt because of someone else’s negligent actions is eligible to bring a personal injury lawsuit.

To be eligible to bring a Texas personal injury lawsuit, certain basic requirements must be met. First you must have suffered an injury, which can be either physical or emotional. It must be a true and valid injury. For example, you could likely bring a Texas personal injury lawsuit if you slip and fall on a puddle of water in a store and break your ankle. However, you wouldn’t be eligible to bring a personal injury lawsuit if, when slipping and falling, you simply got your pants wet.

Next, you have to show that someone who owed you a duty of care breached that duty of care and thereby caused your injury. Usually this is based on negligence, which means that the other person failed to act with the same care that a reasonable person would under the same circumstances.

Last, you must have suffered a financial loss as a result of the injury. In the example above, for instance, you would have incurred medical bills in order to receive treatment for your broken ankle.

Not every injury qualifies for a lawsuit, however. A Texas personal injury lawyer, such as the experienced and helpful attorneys of Fears | Nachawati, can review the facts of your case and determine whether you have a good claim.

At Fears | Nachawati we provide you with this initial legal consultation free of charge. If you have been hurt in an accident due to the negligence of a third party, contact us today for free legal assistance. To speak directly with one of our Texas personal injury lawyers, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

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Yaz and Yasmin, birth control pills made by Bayer, are potentially more dangerous to women than other contraceptives on the market today. In fact, the claims made in Yaz and Yasmin side effect lawsuits are finding support in two studies recently published in the British Medical Journal. These studies showed that users of Yaz and Yasmin are 6.3 times more likely to suffer blood clots. Blood clots can lead to fatal health problems including strokes, heart arrhythmia and heart attacks.

The reason that Yaz and Yasmin pose such dramatic health risks to users is an ingredient in the pills called drospirenonem. Drospirenonem is a progestin, which is a type of hormone that causes changes in the uterus. Yasmin and Yaz are the only birth controls on the market that contain drospirenonem.

The problem with drospirenonem, which is at the center of the recent Yaz and Yasmin lawsuits, is that this progestin increases the user’s level of potassium. Our bodies need potassium because it helps to regulate out heartbeats. However, if our body has too much potassium it can lead to a condition known as hyperkalemia. Hyperkalemia can lead to cardiac arrhythmia, which is the medical term for an irregular heartbeat.

Lawsuits over Yaz and Yasmin are chockfull of confusing medical terminology, but the bottom line is clear: these two types of birth control pills are dangerous and have lead to serious injury, and even death, for many women.

Fears | Nachawati is currently taking Yaz and Yasmin lawsuits. We represent victims of Yaz and Yasmin side effects in bringing legal claims to obtain the compensation they deserve.

Contact us today to receive free legal advice about your possible Yasmin or Yaz lawsuit. The consultation is free, and you are under no further obligations. To speak with one of our Yaz and Yasmin lawsuit attorneys,simply email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

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A Texas man has been hospitalized after a workplace accident involving rat poison at a Progreso grain silo. The worker, whose name has not yet been released, was loading pellets of rodent pellets into the grain silo when the accident occurred.

When the pellets, which are about 5 inches in diameter, react with water, a gas is created. The worker was in close proximity to several of the poisonous pellets when they unexpectedly exploded. He suffered severe head trauma and was taken by ambulance to a nearby hospital.

An investigation into this Texas industrial accident is underway to determine whether proper safety procedures were being followed.

Click here for the full article about this Texas workplace accident.

If you have been injured on the job, you may be entitled to bring a personal injury lawsuit in addition to seeking worker’s compensation. To learn more about industrial accident lawsuits, contact Fears | Nachawati today for free legal assistance. Simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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There are two main parties to a Texas personal injury lawsuit – the plaintiff and the defendant. These are legal terms that describe a person’s relationship to a lawsuit, in the most simple terms, whether the person is suing or being sued.

The plaintiff is the person who initiated the personal injury lawsuit. This is the individual who has suffered an injury and is seeking financial compensation for their losses. A plaintiff is also sometimes referred to as the “complainant” or “claimant.”

The defendant is the person who has been accused of causing the plaintiff’s injury. This is the individual who is being sued and from whom the plaintiff is attempting to recover damages.A Texas personal injury lawsuit can have multiple plaintiffs and defendants. For example, if Sally is driving her car and is rear-ended by an 18-wheeler, there could be several people Sally could sue for her injuries. Depending on the circumstances surrounding the accident, the defendants in her lawsuit could include both the driver of the 18-wheeler and the company who employs the driver.

It is extremely important that a personal injury lawsuit name all possible defendants from the outset. If a potential defendant is not brought into the lawsuit within the appropriate timeframe, you may forever lose your right to seek compensation from that individual. A Texas personal injury lawyer can help you identify all of the parties who may hold some fault for your accident.

Have you been injured in an accident? Then it’s time to contact Fears | Nachawati. One of our experienced Texas personal injury attorneys will provide you with free legal advice about your options and answer your questions about the litigation process. To receive your free legal assistance, email Fears | Nachawati at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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The family of a man killed after being shocked twice by a taser has brought a Texas wrongful death lawsuit against the city of Fort Worth and the officer who administered the shocks.

The victim was 24-year-old Michael Jacobs Jr. According to the police report, Cpl. Stephanie A. Phillips, the officer who tased Jacobs, warned him that she would use the taser if he did not calm down and comply with her directions.

Philips shocked Jacobs twice – once for a duration of 49 seconds and a second time for 5 seconds. Jacobs later died in police custody. He was the fourth person to die from being tased by Fort Worth police, but the only victim whose death was ruled a homicide.

In their Texas wrongful death lawsuit, Jacobs’ parents are seeking $75,000 in damages. The suit alleges that Phillips used excessive force and that the city of Fort Worth was grossly negligent for “failing to properly train and supervise its officers in the use of tasers.”

If you have lost a loved one because of a person’s negligent actions, contact Fears | Nachawati to learn more about bringing a Texas wrongful death lawsuit. To receive free legal advice from one of our Texas wrongful death lawyers, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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A Lewisville, Texas, woman was killed when her SUV was rear-ended by a pickup truck early last Friday morning. The driver of the pickup, 31-year-old Larence Carter, was arrested at the scene for intoxication manslaughter.

The car accident victim was 53-year-old Ana-Maria Landa. Landa was pronounced dead at the scene of the accident. Carter suffered only minor injuries.

Both drivers were headed northbound on I-35E when the accident occurred. The force of being struck by the truck sent the SUV skidding across a service road. The SUV came to a stop when it crashed into a concrete abutment under the Fox Avenue bridge.

Police believe that slick roads caused by the heavy rainfall at the time of the accident also contributed to the collision.

To read more about this Texas car accident, click here for the full story.

If you have been the victim of a car accident, you may be able to bring a Texas personal injury lawsuit to recover financial compensation for your injuries. For free legal advice about Texas car accident claims, contact Fears | Nachawati today by email at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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In October of 2008, the FDA issued a warning letter to Yaz notifying the birth control manufacturer that two of its commercials made deceptive claims.

The ads in question included a commercial in which women were seen releasing balloons labeled with symptoms of PMS as “Good Bye to You” played in the background. The second commercial cited in the FDA warning letter is one that featured women punching, kicking and pushing balloons, which were also labeled with PMS symptoms, while the song “We’re not gonna take it” played.

In the warning letter, the FDA pointed to two specific claims made in the Yaz commercials that constituted deceptive advertising. First, the FDA said the ads implied that Yaz helps lessen or eliminate the symptoms of PMS when in fact the birth control is only intended as treatment for PMDD.

Second, said the FDA, the ads gave the impression that Yaz treats acne of all severity levels when, in actuality, it is only approved for the treatment of moderate acne.

In 2009, 27 state attorneys general joined together to file a Yaz false advertising lawsuit against Bayer HealthCare Pharmaceuticals, the maker of Yaz. As part of the lawsuit settlement, Yaz agreed to run a new ad to correct the misleading information contained in the offending two commercials.

Yaz is potentially more dangerous to women than other contraceptives due to specific ingredients contained in the Yaz pill. These two deceptive ads encouraged women to take Yaz for purposes other than birth control. Because Yaz became increasingly popular as a treatment for acne and PMS, more women were exposed to the risk of the pill’s life-threatening side effects.

If you or a loved one has suffered from Yaz side effects, contact us today. At Fears | Nachawati we represent victims in bringing Yaz and Yasmin lawsuits. We believe in holding these companies responsible for the injuries their product has caused. To receive free legal advice about Yaz and Yasmin lawsuits, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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Mediation is an alternative method to resolving disputes. Rather than going to trial, the parties to a lawsuit can agree to meet with a mediator in order to reach a mutually satisfactory resolution to the conflict.

The role of the mediator, who is a completely neutral and impartial party, is to help both sides identify their common interests, concerns and goals. A mediator is not a decision maker. Unlike a judge or jury, they do not render a judgment and pick a “loser” and a “winner.” Rather, their job is to facilitate productive discussion.

In coming up with a solution, mediation is not dictated by points of law. There is no requirement that blame or fault be assigned, and you can often consider issues that could not be brought up in court.

If you have been injured in an accident, contact Fears | Nachawati to learn more about your legal rights and options. We provide free, no obligation legal advice to accident victims. To receive your no charge consultation, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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Arbitration is an alternative method for resolving a dispute. Rather than going to court and having a trial, both parties to the lawsuit agree to submit their dispute to an arbitration panel.

Arbitrators are independent third parties who hear evidence, render a judgment and enter an award. Arbitration panels are typically made up of three arbitrators. However, having a dispute heard by a single arbitrator is common as well.

The arbitrator’s decision may or may not be legally binding. It depends on what the parties agree to in advance.

Unlike a lawsuit, where the defendant has no choice but to participate, arbitration must be consensual. You do have the right to be represented by a lawyer during the arbitration process.

If you are facing a legal dispute related to a car, 18-wheeler or motorcycle accident, or any other personal injury, contact Fears | Nachawati today. You will receive free legal advice from an experienced Texas personal injury lawyer. Just email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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A deposition is one aspect of a legal process known as “discovery.” Discovery is a series of steps lawyers take in order to gather the facts necessary to try a case.

During a deposition, the attorney for the other party involved in the lawsuit has the opportunity to ask you questions in order to take down your testimony before the trial. Your attorney will spend time with you reviewing the questions you are likely to be asked as well as practicing your responses.

The deposition begins with you being sworn in under oath, promising to tell the truth when giving your answers. The entire deposition will be recorded. This can be done through notes taken by a court reporter, a tape recording device, video or some combination of these.

You have the right to have your attorney with you during a deposition. It is by far in your best interest to have your lawyer present. Your lawyer can protect you during the deposition by objecting to inappropriate or improper questions and ensuring that you are not being harassed.

Fears | Nachawati is a Texas law firm representing clients through every stage of the litigation process – from filing your lawsuit to attempting to negotiate a settlement and from deposition to trial.

To receive free legal assistance from a Texas personal injury attorney, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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Your insurance policy is a contract between you, as the policy holder, and the insurance company. When two people enter into a contract, they are agreeing to follow the terms of the contract and act in good faith. A bad faith insurance claim occurs when an insurance company refuses to honor a legitimate claim, thereby breaching the contract.

In cases of bad faith insurance claims, you have a right to file a lawsuit to collect the amount of money that should have been paid to you on the claim. In Texas, this is known as “First Party Bad Faith Litigation.” You can bring this type of litigation if the insurance company refused to pay out on a claim covered by the policy, failed to pay out an adequate amount on the claim or unreasonably delayed making payments.

If you believe your insurance company has acted in bad faith with regard to your claim, contact us today. Fears | Nachawati is a Texas law firm that works on behalf of accident victims to ensure that they get fair compensation for their injuries. For free legal advice on insurance claims or bringing a Texas personal injury claim, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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Whether or not to settle your personal injury lawsuit is a very serious decision, one that calls for the advice of an experienced attorney.

There are definite benefits to settling a case out of court. Trials can be lengthy and stressful, which can be avoided through a settlement. Also, you can choose how you structure your settlement, ensuring that it fits your particular situation and needs.

One mistake that you do not want to make is settling your claim too quickly. You shouldn’t settle your personal injury lawsuit until you are certain of the full extent and nature of your injuries. You must know how your injuries will continue to affect you in the future before you and your attorney can determine what a fair settlement will be.

At Fears | Nachawati, we work to ensure that our clients get the financial compensation they deserve. While a settlement is often the most desirable route, we are fully prepared and equipped to take a case to trial if necessary. Your best interests always dictate our course of action.

To receive free legal advice about Texas personal injury lawsuits, contact us today. The personal injury lawsuit attorneys of Fears | Nachawati provide accident victims with a no charge legal consultation. Simply email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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The amount of time in which you have to file your personal injury lawsuit depends on a law known as the statute of limitations. In Texas, the statute of limitations on personal injury lawsuit is two years.

While you have two years to file your Texas personal injury lawsuit, it is always best to bring your case as soon as possible after your accident. Over time, important evidence can be lost and the memories of witnesses fade. Your case will be much stronger if you act quickly and seek the immediate advice of an attorney.

Don’t lose your right to bring your Texas personal injury lawsuit by delaying in speaking with an attorney. Contact Fears | Nachawati today to receive free legal advice about your case. Take action to preserve your claim by emailing us at info@fnlawfirm.com or calling us at 1.866.705.7584.

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When you bring a Texas personal injury lawsuit, it is your responsibility as the plaintiff to prove your case. This is known as the “burden of proof.” In civil cases, such as a Texas personal injury lawsuit, the standard of proof you must meet is a “preponderance of the evidence.”

Preponderance of the evidence simply means something is more likely true than not. It is much more relaxed than the “beyond a reasonable doubt” standard applied in criminal cases. In order to win your case, the judge or jury must find your evidence more believable than the defendant’s.

Meeting your burden of proof has nothing to do with the amount of evidence you present. You could win a case with one witness or twenty. What matters is that the jury or judge determines that your version of the facts is more probable than the defendant’s. To use a popular metaphor, the scales must tip in your favor, even if only slightly.

We provide accident victims with free legal advice. To speak with a Texas personal injury attorney at Fears | Nachawati, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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Whiplash is a common injury suffered in car accidents, particularly when the victim’s car has been rear-ended. While some people have attempted to profit off of false claims of whiplash, it is, nonetheless, a real injury that can have severe, long-term side effects.

Whiplash occurs when a sudden impact causes the victim’s head and neck to rapidly jerk backward and then forward. The head and neck are forced beyond their normal range of motion, which can cause damage to the tissue, ligaments, muscles and discs of the cervical spine.

Common symptoms of whiplash include:

• Headache
• Pain or stiffness in the neck, back and shoulders
• Sore or tight muscles
• Fatigue
• Dizziness
• Vision problems
• Ringing in the ears
• Loss of motion in the neck

If you have been injured in a car accident, contact Fears | Nachawati today. Our Texas personal injury lawyers provide car accident victims with free legal assistance. To speak with one of our attorneys about your car accident injury lawsuit, email us at info@fnlawfirm.com or call our toll-free helpline at 1.866.705.7584.

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Texas law requires all drivers to carry a minimum level of car insurance. However, not all drivers have insurance, choosing instead to drive uninsured in violation of the law. Others do have insurance, but that insurance proves to be inadequate in the event of an actual car accident.

An uninsured motorist is simply a driver that does not have any car insurance. An underinsured motorist is a driver that does have some car insurance, but it is insufficient to cover all of the losses, such as vehicle damage and medical bills, resulting from the accident.

You can choose to purchase additional car insurance that will cover you in the event that you are in an accident with an uninsured or underinsured motorist. Texas offers two types of uninsured/underinsured motorist (UM/UIM) coverage: bodily injury and property damage.

Bodily injury UM/UIM coverage: payment without a deductible for medical bills, pain and suffering, disability, disfigurement and lost wages.

Property damage UM/UIM coverage: Payment for car repairs, a rental car and damage to property carried in your vehicle with an automatic $250 deductible.

Texas law requires that your insurance company offer these two types of coverage to you, but you are not legally required to purchase them.

If you have been injured in a Texas car accident caused by an uninsured or underinsured motorist, contact Fears | Nachawati today. We will provide you free legal advice on your rights and the steps you can take to recover for your injuries. Simply email us at info@fnlawfirm.com or call us on our toll-free hotline at 1.866.705.7584.

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If you are injured in a car accident, you can sue the driver responsible for the accident, whether it is the driver of the second car or the driver of the car in which you were riding.

The driver of a car owes a duty of care to those with whom they share the road. This duty of care extends not only to other drivers and pedestrians, but also to the passengers in their own car. That means that a driver can be held legally responsible for the injuries sustained by their passengers in addition to injuries suffered by those driving or riding in the other cars involved in the accident.

Often the driver is a friend or relative, which can make the situation very difficult for the injured passenger. It is important to keep in mind, however, that a personal injury lawsuit may be the only way for you to recover compensation for your injuries. Also, in most cases you are suing the driver’s insurance company and not the driver themselves.

If you were the innocent victim of a car accident, you deserve full compensation for your losses. The identity of the driver responsible for the accident doesn’t change the pain, suffering and financial losses you must cope with.

Please contact Fears | Nachawati to learn more about your rights as an injured passenger. Our Texas personal injury lawyers provide free legal advice about car accident lawsuits and recovering compensation from insurance companies. Email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for free legal advice on your potential claim.

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Two motorcyclists were killed and a third was seriously injured after an accident on the Eastex freeway. The motorcycle accident took place on the northbound side of the freeway in the early morning hours last Thursday.

According to witnesses, the three motorcyclists were traveling at a high rate of speed and popping wheelies as they traveled down the freeway. One of the motorcyclists rear-ended a van, causing the other two motorcycle riders to lose control of their bikes and crash.

Two of the motorcyclists, 19-year-old Cru Marlowe and 21-year-old Jacob Holmes, were pronounced dead at the scene. The identity of the third cyclist, a 19-year-old man, has not been released. He is reported to be in serious condition at Christus St. Elizabeth Hospital.

The driver and occupants of the van were not hurt.

For the full article on this tragic Texas motorcycle accident, click here.

Fears | Nachawati is a Texas personal injury law firm that represents the victims of motorcycle accidents in seeking financial compensation for their injuries. For free legal advice about your Texas personal injury lawsuit, contact us today at info@fnlawfirm.com or call us on our toll-free helpline at 1.866.705.7584.

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A Texas man has filed a personal injury lawsuit against a fitness center, alleging the fitness center’s negligence caused his pool accident.

In August of 2008, Steven Rank was swimming in a pool located at Life Time Fitness Inc. in Allen, Texas. Rank planned to use the pool’s water slide but hit his head on a bar above the slide’s entrance. The structure in question is an unpadded metal crossbar.

Rank’s Texas personal injury lawsuit accuses Life Time Fitness of negligence, claiming that the business failed “to maintain the premises in question in a reasonably safe condition and free of hazards to the plaintiff and other invites entering the premises.”

In addition to failure to maintain and inspect the premises, the personal injury lawsuit also accuses Life Time of negligence in failing to properly train its employees and in failing to implement proper rules, procedures or polices to ensure that the premises was safe.

Damages sought in the personal injury lawsuit include those for physical impairment, medical expenses, pain and suffering and mental anguish.

To read more on this Texas personal injury lawsuit, click here.

If you believe you may have a personal injury lawsuit due to injuries suffered in an accident, contact Fears | Nachawati today. You will receive free legal advice from a Texas personal injury lawyer. Just call us on our toll-free helpline at 1.866.705.7584 or email us at info@fnlawfirm.com.

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Two men injured in the May 2^nd collapse of the Dallas Cowboys practice facility have filed a lawsuit seeking unspecified damages, including pain and suffering, against a number of defendants involved in the construction of the facility. The Dallas Cowboys are not amongst the defendants named in the lawsuit.

The victims bringing the Texas personal injury lawsuit are special teams coach Joe DeCamillis and scouting aid Rich Behm. DeCamillis suffered a broken neck, and Behm was paralyzed from the waist down.

The Texas lawsuit accuses some of the defendants of conspiracy. According to allegations made in the suit, these defendants knew for at least two years that the facility was unsafe but covered up this fact. It also accuses the defendants of negligence.

Defendants named in the lawsuit include: Cover-All Building Systems, the designer-manufacturer of the facility, which is based in Canada; Wrangler Concrete Construction, which laid the facility’s foundation; Pennsylvania-based Summit Structures, a subsidiary of Cover-All; and JCI, a Las Vegas consulting firm.

To read more about the Texas personal injury lawsuit over the collapsed Dallas Cowboys facility, click here for the complete story.

Fears | Nachawati is a Texas personal injury law firm that represents accident victims in pursuing legal claims against the responsible party. To receive free legal assistance from one of our Texas personal injury lawyers, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

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The days following a car accident can be a confusing time. You have to deal with a damaged vehicle, paperwork, phone calls and, depending on the seriousness of the accident, you may be recovering from injuries as well.

Particularly if this is your first car accident, you may be unsure of how a car accident insurance claim works. The car insurance claims process is actually much more simple than it may initially seem. In fact, the whole process can be broken down into three basic steps:

1. Submitting your car insurance claim: After you’ve been in a car accident, you should let your insurance company know as soon as possible, regardless of who was at fault. Submitting your car insurance claim starts with a phone call to your insurance company. You’ll then be asked to fill out a claims report where you’ll recount the details of the accident, such as how it happened and the contact information for the other drivers involved. You’ll be assigned a claim number, and an insurance adjuster will be appointed to investigate your case.
2. Investigating the claim: The insurance adjuster’s job is to verify how the accident occurred and who was at fault. They will also evaluate the damage to your vehicle so that a settlement offer can be made.
3. Paying out on the claim: Last, your insurance company will pay you the amount of money that represents how much it will cost to repair your car. If the insurance company decides to declare your car “totaled,” the amount paid will represent the value of your car before the accident occurred.

Difficulties, however, can arise during the car insurance claims process. For example, the insurance company may say that you were at fault when you believe the other driver caused the accident. Or, they may try to offer you a settlement that’s lower than what you deserve.

That is why an auto accident attorney is a valuable resource throughout the car insurance claims process. An auto accident attorney can relieve you of the burden of dealing with the insurance company and the adjuster. And an attorney will make sure that you receive a fair settlement.

If you have been involved in a car accident, contact Fears | Nachawati today for free legal advice about the car insurance claims process. To speak with one of our attorneys, email us at info@fnlawfirm.com or call us on our toll-free helpline at 1.866.705.7584.

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Subrogation is a legal term that refers to an insurance company’s ability to seek reimbursement from a third party for the money it paid out on a claim. Specifically, it is the ability of an insurance company to seek reimbursement from the party responsible for the accident that resulted in the claim.

Sometimes a person has to make an insurance claim through their own insurance company even when they weren’t at fault for the accident. The insurance company will pay out on their insured’s claim, but ideally it is the person who is actually at fault for the accident that should be paying for the damages. That’s where the concept of subrogation comes in.

It is the insurance company’s legal right to recover the money they’ve paid out by pursuing a claim against the at-fault party, which typically means pursuing the claim through the at-fault party’s insurance company.

Here’s an example of how subrogation works. John Smith is out driving his car when he is rear-ended by another car (driven by Allan) through no fault of his own. Allan’s insurance company is taking a very long time to process John’s claim.

In the mean time, John needs his car repaired so he can get to work every day. He decides to use his own insurance company to get the money he needs to fix his car. Because John was not responsible for the accident, John’s insurance company can seek reimbursement for the payment from Allan’s insurance company.

Subrogation can come into play in personal injury lawsuits as well. Subrogation allows the insurance company to “step into the shoes” of the person with the legal claim (the plaintiff) to seek reimbursement for money it has paid out to cover the plaintiff’s losses.

For example, suppose that Allan did not have car insurance, so John had to take him to court in order to get financial compensation for the accident. John files a personal injury lawsuit against Allan, and John wins the case. John’s insurance company, which had paid to fix John’s car, has a right to part of the money John was awarded.

If you have been injured in a car accident, Fears | Nachawati can handle the insurance claims process on your behalf, including any issues related to subrogation. We are a team of Texas personal injury lawyers, and we provide car accident victims with free legal assistance. To contact Fears | Nachawati, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

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Proximate cause is the legal term for the primary cause of a personal injury. You may also hear it referred to as the “legal cause” or the “cause at law.”

The proximate cause of an injury isn’t necessarily the first event in the chain of events that led to a person’s injury. Also, it isn’t always the event that occurred closest in time to the injury. Rather, proximate cause is the act from which the injury resulted as a natural and direct consequence, and it is the event without which the injury would not have occurred.

A simple way to think of proximate cause is as being the “but for” event – “but for” this negligent act on the part of the defendant, the victim would not have been injured. Proving that the defendant’s act was the proximate cause of your injuries is a basic component of winning your personal injury lawsuit.

Fears | Nachawati represents accident victims in Texas personal injury lawsuits. Our Texas personal injury lawyers provide free legal assistance to accident victims with a one-on-one consultation. You can reach us by email at info@fnlawfirm.com or by phone at toll free 1.866.705.7584.

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Through movies, television crime dramas and news broadcasts, most people are familiar with the basics of criminal law. In general, though, people tend to know less about civil law and how civil cases work. There are major differences between criminal law and civil law, with each having its own set of procedures, laws and punishments.

Under civil law, a private party has the right to file a lawsuit against another party if one of their rights has been violated. The person filing the lawsuit is the plaintiff. The person against whom the lawsuit is being brought is the defendant.

Only the government, however, has the ability to bring a criminal case. The government agent bringing the charges against an accused criminal is called the prosecution. The accused is known as the defendant in criminal cases as well.

Punishment marks one of the main differences between civil and criminal law. A person who is found guilty of committing a crime can be fined, put in prison or, in very rare cases, even sentenced to death.

In civil cases, on the other hand, the only “punishment” that can be meted out is to force the defendant to make legal restitution for the damages they have caused. Restitution simply means financial compensation. If the plaintiff wins their case, then the defendant must pay them a specified amount of money. Jail is never an option in civil cases.

If your rights have been violated by a person, organization, business or other legal entity, you should seek the immediate advice of a lawyer. A lawyer, such as those of the Fears | Nachawati law firm, can aid you in bringing a civil lawsuit to recover financial compensation for your losses.

To receive free legal advice about your potential claim, contact us today. One of the Texas personal injury lawyers of Fears | Nachawati will provide you with a no charge, no obligation consultation. You can email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

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In order to win a personal injury lawsuit against the driver of the 18-wheeler and/or the company for which the driver works, it is necessary to prove that the other party was at fault for the accident. Proving fault depends on a careful and thorough investigation of the facts surrounding your 18-wheeler accident.

Your lawyer will take all necessary steps to obtain the critical evidence related to your 18-wheeler accident. Evidence of fault in an 18-wheeler accident case may include:

·         The driver’s safety record and driving record

·         Documentation related to the driver’s qualifications and training

·         Trucking logs

·         Police reports

·         The trucking company’s safety record

·         Maintenance records

·         GPS or black box recorder data 

·         Documentation of any mechanical defects with the truck

·         Witness statements

·         Photographs of the scene of the accident

·         Receipts from restaurants and fueling stations

·         Cellphone records

If you have been involved in an accident with an 18-wheeler, you should speak with a lawyer as soon as possible. You will likely be contacted by the trucking company’s lawyers, insurance company and/or accident investigators shortly after the accident. It is important that you not make any statements or sign any releases.

The goal of the trucking company is to minimize the amount of damages they have to pay you and to minimize the amount of fault assigned to their driver. A Texas personal injury lawyer will deal with the trucking company’s massive legal team for you to ensure that your rights are fully protected and you are not strong armed into settling for less than your claim is worth.

Fears | Nachawati provides free legal assistance to victims of 18-wheeler accidents. To speak with a Texas personal injury lawyer about your accident, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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While it is possible to negotiate an insurance settlement on your own, the wisest course of action is to seek the counsel of an experienced personal injury lawyer. Insurance companies are focused on their bottom line – which means getting you to settle for the lowest amount possible. A personal injury lawyer, by contrast, works only for you, with your best interests at the forefront of everything they do.

Often an insurance company will offer an accident victim only a fraction of what their claim is really worth. A personal injury lawyer can help ensure that you recover an amount that represents the true value of your claim. Your attorney can make sure you are compensated not only for your physical injuries and medical bills, but also for your pain, suffering and emotional trauma.

Personal injury lawyers are skilled at negotiating with insurance companies to get you the best possible settlement. If necessary, a personal injury lawyer also has the knowledge and skills necessary to take a case to trial.

The average person does not know all of their legal rights. As personal injury lawyers, it is our job to know the law inside and out. An insurance company’s only job is to pay out on a claim. A personal injury lawyer, on the other hand, will advise you every step of the way and ensure that your legal rights are protected.

If you have been injured in an accident, you already have enough to worry about. Let a personal injury lawyer step in to handle all of the paperwork and communications with the insurance company and the other party’s legal counsel. That way, you can focus on your recovery and getting your life back to normal.

At Fears | Nachawati, we represent accident victims in obtaining full and fair compensation for their personal injuries. We will deal with the insurance company so you don’t have to.

For free legal advice on your personal injury claim or insurance settlement, contact us today. You will speak directly with a Texas personal injury lawyer who will answer all of your questions and advise you on the next steps you should take. Simply email us at info@fnlawfirm.com or by phone at 1.866.705.7584.

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If you’ve been injured in a construction accident, there are steps you should take to preserve important evidence. Taking the following steps will help to protect both yourself and your legal rights:

• Seek medical attention for your injuries.
• Immediately report your injury to your supervisor. Make sure that a written report of the incident is made.
• Collect the names and contact information for any possible witnesses to your accident.
• If possible, take photos of the area where the accident occurred, including any tools and equipment involved in the accident.
• Write down a detailed account of how the accident happened.
• Contact a Texas personal injury lawyer as soon as possible.

Fears | Nachawati is a Texas personal injury law firm that helps victims of construction accidents get the compensation they deserve. Contact us today to receive free legal advice about your accident. To speak with a Texas personal injury lawyer at no charge, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for your free consultation.

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After you have been in a car accident, you will most likely file a claim with your insurance company, the other driver’s insurance company or sometimes both. In order to determine how much money to offer you, the insurance company will send out an insurance adjuster to evaluate your injuries and the damage to your vehicle.

An insurance adjuster works for the insurance company, and their job is to investigate the accident and determine whether you have the basis for a claim. You may also hear them referred to as a “claims representative” or a “claims adjuster.”

If you do have a rightful insurance claim under the terms of your policy, the insurance adjuster will be the person who will inform you of the settlement offer and explain how the insurance company arrived at that amount.

In almost all cases, the insurance adjuster will gather the same types of information: how the accident happened, who else was involved, what property was damaged and whether anyone was injured. They will also take pictures of your car and obtain estimates for repairing the damages.

Keep in mind that insurance companies, whether it is your company or the other driver’s, want to pay you as little as possible. That is why you should seek the immediate advice of an attorney after you have been involved in a car accident. A Texas personal injury attorney can make sure that you receive a fair settlement for your accident. Your attorney will work only for you, not the insurance company.

To receive free legal advice about your car accident and insurance settlement, contact Fears | Nachawati today. Email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

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The family of a cancer victim will receive $1.5 million in a wrongful death lawsuit brought in Denton, Texas. The Denton county jury actually awarded the family $3.5 million, but, under civil suit law, the amount will be reduced to $1.5 million.

The victim, who was a wife and mother of two young children, was Melissa Hendricks. Hendricks was 33 years old when she first noticed a suspicious lump on the right side of her head in 2002.

Hendricks sought a medical consultation at Highland Family Medical Center. There she saw Dr. Stephen Glaser. Dr. Glaser diagnosed the lump as a nonmalignant sebaceous cyst. A week later the lump was removed and was not sent for further testing.

A year later, the lesion returned. Hendricks visited Dr. Jeffrey Charney, a Denton, Texas, surgeon. However, Dr. Charney did not remove the lump because Hendricks was pregnant at the time.

By January of 2004, the lump had quadrupled in size. Dr. Charney diagnosed it as a sarcoma, a diagnosis that was confirmed by later tests.

Hendricks died of cancer in December of 2004.

Melissa’s husband, Tadd Hendricks, filed a Texas wrongful death lawsuit on behalf of himself and his two children. The suit named Highland Family Medical Center, as well as two physicians and a physician’s assistant, as defendants. One of the doctors, Jeffrey Charney, was dropped from the suit by Probate Court Judge Don Windle.

The trial for the wrongful death lawsuit began on August 3^rd and ended this past Wednesday.

Texas is a comparative negligence state. The jury assigned 45% of the negligence to Glaser and 45% to Glaser’s assistant, Jason Maris. Because Hendricks delayed a month in seeking treatment, despite a family history of cancer, the jury assigned her 10% of the negligence.

Click here to read the complete article about this Texas wrongful death lawsuit.

If you have lost a loved one due to the negligent actions of a third party, contact Fears | Nachawati today. You will speak with a Texas wrongful death lawyer who can answer all of your questions and provide you with free legal advice. You can reach us by email at info@fnlawfirm.com or toll free by phone at 1.866.705.7584.

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