What does tolling the statute of limitations mean?

In most cases, the statute of limitations on a Texas personal injury lawsuit begins to run as soon as you incur your injury. There are times, however, when the statute of limitations is “tolled.”

When the statute of limitations is tolled, that means there is a delay before the clock starts ticking. The time limit is temporarily suspended, giving the plaintiff more than the usual 2 years within which to file their Texas personal injury lawsuit.

A statute of limitations is only tolled under very specific circumstances. One instance is when a child is injured. In those cases, the statute of limitations does not begin to run until the child reaches the age of 18. The statute of limitations may also be tolled in cases where the injured person is mentally impaired or is a member of the military who must leave state.

Fears | Nachawati is a Texas personal injury law firm. To receive free legal advice from a Texas personal injury lawyer, contact us today. Simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Wrong-way driver on Dallas North Tollway faces criminal charges

A 39-year-old man traveling the wrong way on the Dallas North Tollway this morning is facing criminal charges.

The driver, a man named Dick Eastin, was driving north in a southbound lane in a Ford F-150 pickup. Eastin struck a light pole, coming to a stop near the center median. He sustained non-life threatening injuries.

Debris from the accident caused damage to a second vehicle on the Tollway. The accident caused the southbound side of the Tollway to be closed for over an hour.

Eastin is facing charges of reckless driving and driving while intoxicated.

Wrong-way drivers on the Dallas North Tollway have caused several deaths this year, prompting the North Texas Tollway Authority to take steps to prevent further accidents.

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

If you have been injured by a drunk driver, contact Fears | Nachawati today for free advice about your legal options. To speak with a Texas car accident attorney, email Fears | Nachawati at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Yaz Lawyers - What will legal help cost me?

Yaz and Yasmin lawyers work on a contingency basis which means there are no upfront legal fees for the client.  Any and all payment to the Yaz lawyer will be paid out of any settlement or verdict if the case is tried.  Yaz legal help is widely available, but victims of Yaz should look for Top Yaz Lawyers who have experience battling the big pharmaceutical companies. Deep Vein Thrombosis, Stroke, Embolisms, Death, Clots and Gall bladder complications remain the major events experienced by women across the nation.  Our Yaz lawyers at Fears | Nachawati Law Firm have the experience necessary to represent women hurt by the dangerous drug yaz.  If you are looking for the top and best Yaz lawyers, contact Fears | Nachawati Law Firm by email - mn@fnlawfirm.com or toll free at 1.866.705.7584.

Yaz Lawyers - What will legal help cost me?

Yaz and Yasmin lawyers work on a contingency basis which means there are no upfront legal fees for the client.  Any and all payment to the Yaz lawyer will be paid out of any settlement or verdict if the case is tried.  Yaz legal help is widely available, but victims of Yaz should look for Top Yaz Lawyers who have experience battling the big pharmaceutical companies. Deep Vein Thrombosis, Stroke, Embolisms, Death, Clots and Gall bladder complications remain the major events experienced by women across the nation.  Our Yaz lawyers at Fears | Nachawati Law Firm have the experience necessary to represent women hurt by the dangerous drug yaz.  If you are looking for the top and best Yaz lawyers, contact Fears | Nachawati Law Firm by email - mn@fnlawfirm.com or toll free at 1.866.705.7584.

Family of deceased inmate plans to sue Dallas county sheriff's department

The family of a deceased Dallas county inmate has announced plans to file a lawsuit against the sheriff’s department.

The deceased inmate, Bernardo Mario Pena, suffered a fatal injury in an apparent fight with another inmate. Pena died in the Parkland Memorial Hospital on October 18th

Pena’s family says the sheriff’s department was negligent and failed to provide safety for their inmates. According to Pena’s family, they were not immediately notified of Pena’s injury or the fight that led to the fatal injury.

Pena, 44, was incarcerated at Lew Sterrett jail on a parole violation. He became involved in an altercation with another inmate on October 17th. Pena was taken to the hospital after he apparently suffered a seizure.

His death has been ruled a homicide due to trauma to the head by the Dallas County Medical Examiners Office.

Click here for the full article.

If you have lost a loved one due to someone else’s negligence, contact Fears | Nachawati today. To receive free legal advice from a Texas wrongful death lawyer, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Texas oil refinery explosion injures three workers

A Monday night boiler explosion at a Texas oil refinery has left three workers injured.

The accident took place at Big Spring Alon Refinery at around 8:30pm. All three of the injured workers taken to the hospital have since been treated and released. Though the explosion was steam-related, none of the injured workers suffered burns. 

Refinery officials have declined to discuss the cause of the explosion, but do say the incident has had no impact on production.

The accident remains under internal investigation, and will also be investigated by OSHA.

Monday night’s explosion is the second in less than two years for the facility. In February 2008, the refinery was severely damaged in a fire caused by gas from a propylene tank.

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

Have you been injured in the workplace? Contact Fears | Nachawati today for free legal assistance. Email Fears | Nachawati at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

How can a Texas personal injury lawyer help me?

An experienced Texas personal injury lawyer understands the oftentimes complicated law that applies to personal injury lawsuits. This includes determining the amount of compensation that is fair and equitable given your injuries and damages. It is possible that the injuries you suffered will affect you for years to come, so you need someone who can help you project what your long-term expenses will be.

If you have been injured in a car accident or on the job, you have a lot on your plate. A Texas personal injury attorney can ease the burden on you by working with the insurance company on your behalf, filling out the paperwork and ensuring that all necessary documents are submitted on time. Your attorney will take on these responsibilities so that you can focus on healing and returning to a normal life.

Hiring a Texas personal injury lawyer also levels the playing field. The insurance company will have a stable of experts on their side, trying to figure out how to offer you the lowest possible settlement. A personal injury attorney will protect your best interests – yours and yours alone.

Fears | Nachawati provides accident victims with a free legal consultation. You have nothing to lose by seeking advice on your potential claim. Some people mistakenly believe that they do not have a personal injury claim. Rather than making that decision on your own, which can cost you a considerable amount in damages, it is best to first consult with an attorney. A knowledgeable Texas personal injury attorney is better equipped to determine whether or not a personal injury claim exists.

For your free consultation, contact Fears | Nachawati toll free at 1.866.705.7584 or by e-mailing info@fnlawfirm.com

What is my claim worth? Damages in Texas personal injury lawsuits

Damages are the amount of money that is awarded to a successful plaintiff in a Texas personal injury lawsuit. In Texas, damages fall into one of two broad categories: economic and non-economic damages. Economic damages are much easier to calculate because they can be quantified through objective information such as the plaintiff’s medical bills and the value of personal property that was destroyed.

Economic damages include:

• Past and future medical expenses
• Lost wages, both present and future
• Loss of earning capacity
• Damage to personal property
• Any other costs that are a direct result of an injury sustained in the car accident
• Court costs

Non-economic damages are the more difficult of the two when it comes to assigning a value. Pain and suffering, for example, fall into the category of non-economic damages. In many Texas personal injury lawsuits, pain and suffering-related damages represent a significant amount of the overall award.
Under Texas law, non-economic damages in a personal injury lawsuit can include:

• Physical pain and suffering
• Mental anguish
• Emotional suffering
• Physical impairment
• Disfigurement
• Loss of enjoyment of life
• Loss of consortium and companionship
• Inconvenience
• Injury to reputation

If you have been the victim of an accident, contact the law firm of Fears | Nachawati to find out what damages you may be entitled to. For a free consultation from a Texas personal injury lawyer, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.
 

Yaz side effects lawsuits

Yaz and Yasmin are oral contraceptives taken for pregnancy prevention. Many women who have taken Yaz and Yasmin have suffered severe and life-threatening side effects. Tragically, some women have even died from taking Yaz and Yasmin.

 

Side effects of Yasmin and Yaz include:

 

  • Stroke
  • Heart attack
  • Blood clots
  • Pulmonary embolism
  • Gallbladder damage
  • Deep vein thrombosis
  • Death

Yaz and Yasmin are more dangerous than other oral contraceptives because they both contain drospirenone. Drospirenone is a diuretic that can drastically increase a woman’s potassium levels. Significantly increased potassium levels can lead to both blood clots and gallbladder damage.

 

Women who have been injured as a result of taking Yaz or Yasmin birth control are eligible to bring a Yaz lawsuit and seek compensation for their losses.

 

If you or a loved one has been the victim of Yaz or Yasmin side effects, contact us today. Fears | Nachawati is a leading law firm representing victims in Yaz side effect lawsuits. To learn more about Yasmin and Yaz lawsuits, contact us to receive free legal advice. You can email us at info@fnlawfirm.com or call us on our toll-free helpline at 1.866.705.7584.

 

Family of toddler killed in apartment complex fire brings wrongful death lawsuit

The family of an 18-month-old boy killed in an apartment fire is suing the apartment complex, Whispering Oaks, and its management.

According to the wrongful death lawsuit, the fire alarms never went off when the fire started in the apartment.

In their Texas wrongful death lawsuit, the plaintiffs claim their requests that the fire alarms be fixed were refused. The lawsuit alleges that the failure to repair the fire alarms resulted in the death of toddler James Timothy Kennedy Jr.

For the complete article on this Texas wrongful death lawsuit, click here.

Fears | Nachawati is a Texas wrongful death law firm. If you have lost a loved one due to someone else’s negligence, contact us today to receive free legal assistance. Email us at info@fnlawfirm.com or calling our toll-free number at 1.866.705.7584.

Texas woman brings Yaz lawsuit, claims birth control pill killed unborn child

A Texas woman has brought a lawsuit against the makers of the Yaz and Yasmin birth control pills. In her Yaz lawsuit, the plaintiff claims that the birth control pills caused a blood clot resulting in the death of her unborn child.

The plaintiff is Candice Richardson. Richardson’s suit names Bayer Healthcare LLC and Bayer Healthcare Pharmaceuticals, Inc. as defendants. Her lawsuit alleges that the companies misrepresented the benefits of Yaz and Yasmin while also hiding the risk of serious side effects.

According to Richardson’s lawsuit, Yasmin and/or Yaz caused her to suffer “blood clotting and related injuries,” which resulted in hospitalization and, ultimately, the “stillbirth of her daughter at 27 weeks of pregnancy.”

The lawsuit does not specify whether Richardson was taking Yasmin or Yaz at the time she developed the blood clot.

In the lawsuit, Richardson alleges that Bayer produced a defective product that resulted in both injuries to herself and the wrongful death of her unborn baby. Causes of action listed in the lawsuit include:

  • Negligence
  • Negligent misrepresentation
  • Manufacturing and design defect
  • Defect caused by inadequate warnings
  • Breach of warranty
  • Violations of the Deceptive Trade Practices Act

Richardson is seeking damages for pain and suffering and medical expenses as well as punitive damages.

Click here to read more about Richardson’s Yaz/Yasmin lawsuit.

Fears | Nachawati represents individuals injured by Yaz or Yasmin birth control pills in bringing lawsuits against the manufacturers. Contact us today for free legal advice about your potential Yasmin or Yaz lawsuit by emailing us atinfo@fnlawfirm.com or calling our toll-free number at 1.866.705.7584.

Premises liability: Inadequate security

If you were injured on someone else’s property, the owner of that property may be liable for your damages. Certain circumstances give away to what is known as a “premise liability” lawsuit, which is one basis for a Texas personal injury lawsuit.

One type of premises liability lawsuit arises when inadequate security contributes to a person being the victim of some type of criminal act. Such criminal acts can include robbery, car theft, assault, kidnapping, rape or even murder.

Many inadequate security claims arise from attacks perpetrated in shopping centers, hotels or apartment complexes. When you are on one of these types of properties, you have a reasonable expectation of security and safety – which means the owner of the property owes you a duty to take reasonable steps to maintain a safe and secure environment.

Factors that can contribute to inadequate security include:

  • Lack of trained security staff on the premises
  • Poor lighting in parking lots or parking garages
  • Inadequate security systems within a building
  • Overgrown trees
  • Lack of security cameras

If you have been the victim of a criminal act on a premises with inadequate security, contact Fears | Nachawati today for free legal advice about a potential premises liability lawsuit. You will receive a no charge legal consultation from one of our Texas personal injury lawyers. You canemail us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Yaz Birth Control and Yaz Legal Help

Yaz Birth Control has created the need for legal help and left many women with questions concerning the safety of Yaz or Yasmin.  Yaz side effects can include: Heart Attack, Stroke, Deep Vein Thrombosis, Embolisms, Death and Gall Bladder complications. Our Yaz lawyers have significant experience battling big pharmaceutical companies.  We anticipate the Yaz manufacturer, Bayer, to vigorously defend itself against the cases that are expected to be filed across the nation. Approximately 132 cases have been filed as of October 2009. The number of death and serious injuries allegedly caused by Yaz continue to mount. For Yaz legal help or free information about the Yaz lawsuit, contact our law firm - mn@fnlawfirm.com or toll free at 1.866.705.7584.

Yaz Lawyers - The Importance of Hiring a Yaz Lawyer, Attorney or Law Firm Early On

Yaz claims and Yasmin lawsuits continue to rise as our Yaz lawyers and a handful of other firms continue to build cases against Bayer in connection with its marketing of Yaz for uses that the FDA did not approve. Most Yaz clients our firm represent have suffered a stroke, heart attack, or deep vein thrombosis. Some clients have also suffered from gall bladder disease.  Most of the suits that have been filed so far are being removed from state court and transferred to Illinois' Southern District Court, where The Honorable Judge Herndon presides over the Yaz cases. It is important for women who have suffered Yaz injuries to come forward early on and hire a Yaz lawyer or Yasmin law firm to ensure that the evidence continues to rise against Bayer and its subsidiaries through additional testimony concerning injuries. Anyone who has suffered from an injury because of Yaz usage anywhere in the nation is encouraged to contact our Yaz lawyers directly by email - mn@fnlawfirm.com - or by toll free telephone for a free consultation. 1.866.705.7584.

The wrongful death of an elderly person

In Texas, you can file a wrongful death lawsuit, no matter the age of the victim. Texas wrongful death lawsuits can be brought even in cases where the victim was an elderly person.

The wrongful death of an elderly person leaves their family with very real losses – emotional and sometimes financial. The surviving family member, for example, might have relied on the victim's income or pension. Some pensions do not have a survivorship benefit, which means the surviving spouse loses the money they relied on before the victim’s death.

In general, however, financial damages are less in wrongful death lawsuits when the victim was an elderly person. This is because, in most cases, the victim is retired. In addition, the children of an elderly person are usually grown and self-supporting.

Courts do, though, take into consideration the surviving family member’s loss of affection, guidance and companionship.

Even though these cases can be more complicated, the victim’s family members are still entitled to compensation. If you have lost a loved one in an accident, or as the result of someone else’s negligence, contact Fears | Nachawati. Email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584 to receive free legal advice from one of our Texas wrongful death lawyers.

When does the statute of limitations begin to run on my Texas personal injury lawsuit?

In order to ensure that personal injury lawsuits are brought in a timely manner when evidence is still fresh, every state, including Texas, has enacted a statute of limitations.

The statute of limitations places a limit on the amount of time in which the victim of an accident can bring a personal injury lawsuit. In Texas, the statute of limitations for personal injury lawsuits is two years.

Many accident victims are unsure as to exactly when the statute of limitations begins to run. In most cases, the statute of limitations kicks in at the time the injury occurs. In the case of car accidents, for instance, the victim usually knows immediately about the injury.

The issue can sometimes be more complicated than that, however. For example, what if the victim was unaware of the injury?

In those cases, the statute of limitations begins to run when the victim knows about the injury or, through the exercise of reasonable diligence, should have known about the injury. This is known as the discovery rule, and it can apply in cases such as exposure to asbestos that leads to mesothelioma.

To make sure you protect your legal rights, contact a personal injury lawyer as soon as possible. The personal injury lawyers of Fears | Nachawati can answer your questions about the Texas statute of limitations. To receive free legal advice, contact us by at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

What is OSHA?

OSHA is a federal government agency that falls under the Department of Labor. OSHA, which was created in 1970, is responsible for ensuring that employers maintain safe and healthy work environments.

Its official mission is to “to assure the safety and health of America’s workers by setting and enforcing standards; providing training, outreach, and education; establishing partnerships; and encouraging continual improvement in workplace safety and health.”

 

In order to ensure that workplaces are safe, OSHA has developed and implemented a number of standards and policies with which employers must comply. The general requirements employers must comply with include:

  • Allowing OSHA to inspect the premises both without notice or in response to an employee complaint
  • Providing workers with information on OSHA protections through notifications and posters in the workplace
  • Providing workers with information on how to identify dangerous substances in the workplace and training on how to treat injuries if they come into contact with those substances
  • Providing workers with information on first aid procedures
  • Providing workers with emergency training

Finally, under OSHA, employers are forbidden from taking action against an employer who files a complaint report an alleged OSHA violation.

If you have been injured in the workplace, contact Fears | Nachawati today to learn more about your rights. To receive free legal advice from a Texas workplace injury lawyer, email Fears | Nachawati at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Texas oilfield worker electrocuted while setting up drilling rig

A Texas oilfield worker was killed Wednesday morning after an industrial accident on a drilling rig. The accident took place in an oilfield 13 miles south of Midland.

The worker, whose name has not been released, was part of a crew setting up a rig under some power lines. According to Midland County Fire Marshal Dale Little, the victim was touching the rig when the workers stood it up.

The mast of the drilling rig hit the power lines, electrocuting the victim. Approximately 14,000 volts of electricity went through the worker.

He was pronounced dead at the scene. None of the other workers were injured.

To read more about this Texas industrial accident, click here for the complete article.

If you or someone you love has been injured in a workplace injury, contact Fears | Nachawati today for free legal advice. You can email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

Yaz Lawsuits consolidated and assigned to Judge Herndon

Yaz lawyers who previously filed lawsuits against Bayer for injuries have learned that their cases have been consolidated and transferred to Judge Herndon, a U.S. District Judge for the Southern District of Illinois. Our law firm has been actively involved in reviewing and accepting Yaz cases on a nationwide basis. Many affected by Yaz need legal help or have questions, but do not know which lawyers handle these cases.  These individuals should contact our firm, Fears | Nachawati, to discuss their potential case and get answers and legal help to questions concerning Yaz side effects. Free consultations are being offered to individuals who have suffered Yaz injuries, including death, heart attack, stroke, deep vein thrombosis (dvt), or pulmonary embolisms. Contact our firm today to find out your legal rights - 1.866.705.7584 or by email at mn@fnlawfirm.com.
 

Family of deceased Texas police officer files wrongful death lawsuit

The family of a Texas deputy killed when his patrol car was hit by a truck has filed a wrongful death lawsuit against the truck driver’s employer. The plaintiff is Sandra Annette Sherrill, who has filed on behalf of herself as well as three minors.

Marion County Sheriff’s Deputy Dale C. Sherrill was responding to a domestic disturbance call when the accident occurred. Sherrill was in his patrol car, driving with the sirens and emergency lights on, when he was broadsided by a truck.

Perry Jay McClure was the driver of the truck that hit Sherrill’s patrol car. McClure is an employee of Star Fleet, the defendant in this Texas wrongful death lawsuit.

The lawsuit accuses McClure of failing to yield the right of way to a police officer, failure to obey traffic laws and a failure to operate his vehicle in a safe and cautious manner.

The plaintiff is seeking damages on behalf of both herself and the deceased victim. On behalf of the deceased, Sandra Sherrill is seeking damages for physical and emotional pain, emotional distress, mental anguish, torment, disfigurement, medical expenses and funeral and burial costs.

For herself and the three minors, the plaintiff is seeking damages for loss of support, services, care, counsel and advice. The lawsuit also seeks damages for loss of contributions of pecuniary value, loss of consortium and companionship, mental anguish, emotional distress and loss of inheritance.

For more on Sherrill’s Texas wrongful death lawsuit, click here to read the full article.

If you have lost a loved one in a car accident, contact Fears | Nachawati for free legal advice about your potential wrongful death lawsuit. Simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584 to speak with one of our experienced Texas wrongful death lawyers.

18-wheeler rear-ends Texas DOT truck injuring both drivers

Two men are injured after a Tuesday morning accident involving an 18-wheeler and a Texas Department of Transportation truck. The two vehicles collided on U.S. 287, resulting in a “geyser of diesel fuel” on the highway.

The 18-wheeler, which was hauling sand, rear-ended the DOT truck, and then skidded onto its side. The impact ruptured the 18-wheeler’s fuel tank.

When the accident occurred, the DOT truck was part of a convoy on its way repair potholes on U.S. 287. Fortunately, the truck was equipped with a special buffer device put in place to protect workers by absorbing the impact in a rear-end collision.

The accident remains under investigation, but according to witness statements, it appears that the driver of the 18-wheeler was speeding and failed to heed warning signs.

A Good Samaritan, 31-year-old Kevin Gamble, just happened to be driving by and saw the accident occur. Diesel fuel, says Gamble was “shooting everywhere.” According to Gamble, the driver of the 18-wheeler was stuck deep in the wreckage, so he pulled him out by kicking in a rear window.

To read more about this Texas 18-wheeler accident, click here for the complete story.

If you have been hurt in an 18-wheeler accident, contact Fears | Nachawati today for free legal assistance. To speak with one of our Texas personal injury lawyers,email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Texas man files lawsuit over burns suffered in explosion

A Texas man has filed a lawsuit against two Nome residents alleging he was burned in an explosion while on their property.

The plaintiff, James Anderson, says he was at the home of Virgil and Rodney Martel performing yard work on June 23rd. At that time, claims Anderson, he heard some noises coming from a building on the property.

Anderson decided to investigate the sound, and he entered the building where he found 15-year-old Kevin Martel welding a handle onto a container. While Anderson was standing there, the container exploded, causing what the suit describes as “catastrophic injuries” to Anderson.

According to Anderson’s lawsuit, the container had previously contained some type of fuel or diesel and had not been properly cleaned in preparation for the welding.

In his lawsuit, Anderson is seeking an unspecified amount of damages for lost wages, medical expenses, physical injuries and pain, mental anguish, scarring, physical impairment, disfigurement and loss of household services. Additionally, Anderson is seeking pre- and post-judgment interest.

For more on this Texas personal injury lawsuit, click here for the complete article.

Fears | Nachawati is a Texas personal injury law firm, representing victims of all types of accidents. To receive free legal advice from one of our Texas personal injury attorneys, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Texas drunk driving statistics

Texas leads the nation in the number of alcohol-related crashes that occur each year. In 2007, according to the National Highway Traffic Safety Administration, more than 1,200 people were killed in alcohol-related car accidents in Texas.

Each year, drunk driving accounts for more than 45% of all the car accident deaths in the state of Texas. Based on these numbers, that means there is an average of 5 alcohol-related deaths in Texas each day.

The greatest number of drunk driving fatalities in 2007 occurred in the Eastern and Northern regions of Texas, with 20% and 21% of the fatal accidents occurring there, respectively.

If you were hurt in a car accident caused by a drunk driver, or if you have lost a loved one in a alcohol-related crash, contact Fears | Nachawati today. For your free legal advice from a Texas personal injury attorney, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Construction site hazards

Construction sites are fraught with potential hazards which can lead to serious injuries and, tragically, even death. The nature of construction work, including the materials and tools used by workers, makes this an extremely dangerous line of work.

Numerous dangerous conditions can exist in a construction site, but the most common hazards that workers should be aware of are:

Steel rebar: Uncapped steel rebar poses a deadly risk of impalement to a worker who stumbles over it or falls on top of it.

Ladders: If ladders are not properly used, they can slip or fall over, causing the worker to plunge to the ground from a considerable height. To protect against ladder falls, ladders should always be placed on even ground and weight limits should be followed.

Power tools: A worker who does not understand the proper operating procedure for a power tool poses a grave risk to their fellow employees. In addition, permanent hearing loss can result from spending time in areas where multiple power tools are being operated at once.

Scaffolding: Falls from scaffolding are actually the second leading cause of death at construction sites. Scaffolding is sometimes improperly constructed or poorly maintained, which puts construction workers as well as pedestrians at risk.

If you have been involved in a construction accident, contact the Texas personal injury attorneys of Fears | Nachawati. To receive free legal advice from an experienced construction site accident lawyer, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

$14 million settlement reached in lawsuit brought by families of helicopter crash victims

A $14 million settlement has been reached resolving a lawsuit brought by the family members of a paramedic and a flight nurse who were killed last year in an emergency medical services helicopter crash.

The suit was brought by the family members of victims 40-year-old Raul Garcia and 39-year-old Michael Sanchez. Two defendants were named in the suit: Metro Aviation, Inc., the company which operated the helicopter, and South Texas Emergency Foundation. The South Texas Emergency Foundation is a community-owned nonprofit organization based in Harlingen.

The crash took place on the night of February 5th, 2008. The helicopter crashed into Laguna Madre, killing Sanchez and Garcia as well as 55-year-old pilot Robert Goss.

According to the National Transportation Safety Board, the pilot’s failure to maintain control of the aircraft was the probable cause of the accident. Other contributing factors included the dark night conditions, inclement weather and the pilot’s lack of experience using instruments for navigation rather than sight.

The law firm representing the victims’ families reports that Metro Aviation has implemented several changes as a result of the accident. These changes include improved training in instrument proficiency and a requirement that all pilots be provided with night-vision goggles.

Additionally, open-water approaches have now been forbidden, and flights must be turned down if certain minimum safety thresholds are not met.

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

Fears | Nachawati is a Texas law firm that represents the family members of wrongful death victims. If you have lost a loved one due to the negligence of another person organization, contact us today.Email us at info@fnlawfirm.com, or call our toll-free number at 1.866.705.7584, to receive free legal advice from a Texas wrongful death attorney.

Texas woman killed in motorcycle accident

A Texas woman was killed in a car accident on Interstate 35 East in Dallas early Thursday.

The victim, 22-year-old Ashley Ramirez, was a passenger on a motorcycle being operated by Erik Delgado-Pereira. The accident occurred when the motorcycle was headed southbound on I-35E, which is the area of the Interstate that passes over Trinity River.

The motorcycle struck a wall, ejecting both Ramirez and Delgado-Pereira. Ramirez was pronounced dead at the scene. Delgado-Pereira was taken to a nearby hospital in stable condition.

Investigators believe that speed may have contributed to the accident.

Delgado-Pereira now faces charges of intoxication manslaughter. He was “remote booked” while he was in Methodist Medical Center receiving treatment for his injuries.

For more on this Dallas, Texas, motorcycle accident, click here for the complete story.

If you have been injured in a motorcycle accident, contact the personal injury lawyers of Fears | Nachawati today. To receive free legal assistance,email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Common car accident injuries

Even a seemingly minor car accident can lead to severe injuries. While there are any number of ways a person can be hurt in a car accident, there are certain injuries that are the most common. These include:

Traumatic brain injury: Traumatic brain injuries occur when the victim’s brain is damaged or impaired due to a blow to the head. Traumatic brain injuries are more common in side impact car accidents than other types of motor vehicle collisions. Symptoms of a traumatic brain injury include headaches, dizziness, memory loss and seizures.

Spinal injury: More than half of all spinal cord injuries are the result of car accidents. Depending on the severity of the damage, a spinal cord injury can lead to temporary or permanent paralysis.

Back injury: A car accident can also result in damage to the discs that run down your spinal cord. Side-effects of a disc injury include numbness, weakness in the limbs and even paralysis. A second type of back injury commonly suffered in car accidents is a lower back sprain.

Whiplash: Whiplash is the most common of all car accident injuries. The victim’s head is forced violently forward and then backwards. Whiplash can result in damage to the nerves, muscles and joints of the neck.

Other types of common car accident injuries include:

  • Pinched nerves
  • Lacerations
  • Fractures
  • Bruising
  • Strained muscles
  • Scrapes
  • Dislocated arm, shoulder, leg or knee

If you have been injured in a car accident, contact Fears | Nachawati today to receive free legal advice from a Texas personal injury attorney. For your free consultation,email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Father and son sue rental car agency after accident allegedly caused by recapped tires

A father and son have filed a Texas personal injury lawsuit against a rental car company over injuries suffered in a car accident. According to the lawsuit, the accident was caused by a retread tire on the rental van. Avis Budget Group Inc., PV Holding Corp. and Budget Car Rental have been named as defendants.

The plaintiffs, David and Brandon Smith, allege that the defendants were negligent in several ways. Their personal injury lawsuit charges the defendants with negligence in placing the recapped tires on the van as well as in failing to advise the plaintiffs that a recapped tired had been placed on the van, among other things.

According to the Texas personal injury lawsuit, the defendants made a “conscious decision” to expose customers to “unreasonable and unnecessary risk.”

In the suit, the plaintiffs are seeking an excess of $75,000 in damages, including compensation for medical expenses, lost wages, physical impairment, disfigurement, physical pain, mental anguish and loss of earning capacity.

To read more on this personal injury lawsuit, click here for the complete story.

If you have been injured in a car accident caused by someone else’s negligence, contact Fears | Nachawati today for free legal advice. Simply emailus at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Woman files personal injury lawsuit against employer over injury to eye

A Texas woman has filed a personal injury lawsuit over a workplace injury suffered in October of 2007.

The plaintiff, Zakiya Chandler, says she was about to begin her work day at Valero Refining-Texas when she walked directly into a mist which she believed to be steam. It was later revealed that the steam was actually a combination of harmful chemicals and gases.

According to Chandler’s Texas personal injury lawsuit, she immediately reported the injury to her supervisor. Her eye was flushed three times. After the pain did not subside, she was taken to Bayport Medical Center for treatment. There Chandler was diagnosed with a corneal abrasion.

Follow-up medical treatments showed that Chandler’s vision is continuing to deteriorate. She is also suffering from headaches and pain in her eyes, chest and back.

In her Texas personal injury lawsuit, Chandler is seeking damages for medical expenses, lost wages, loss of eyesight, impairment, mental anguish and pain and suffering.

Click here for more on this Texas personal injury lawsuit and workplace injury.

If you have been injured on the job, contact Fears | Nachawati today to learn about your legal rights. Email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584 for free legal advice from a Texas personal injury lawyer.

Yaz lawsuits: What is Ocella?

Ocella is the generic version of Yasmin. Just like Yasmin, it is a prescription birth control pill…and just like Yasmin, it has proven to be very dangerous.

Ocella, along with Yaz and Yasmin, poses serious risks to the women who take this oral contraceptive. Serious side effects that are associated with Yaz, Yasmin and Ocella include stroke, heart attack and pulmonary embolism. Tragically, these birth control pills have proven fatal in some cases.

Ocella contains the same ingredient that makes Yasmin and Yaz unsafe – drospirenone. It is this ingredient in particular that has been shown to pose grave health risks to users.

If you or a loved one has experienced negative health effects from using Ocella, Yaz or Yasmin, contact Fears | Nachawati today to learn about your legal rights. You will speak with a Yaz lawsuit attorney who can explain your options and answer your questions.To receive your free legal advice, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

One-vehicle accident in Plano, Texas, kills two

Two men are dead after a one-vehicle accident in Plano, Texas, on October 10th.

In the early morning hours of Saturday, Plano police officers responded to a report of a car accident. The accident took place in the 2500 block of Preston Rd.

Early investigations indicate that the car, driven by 20-year-old Perfecto Sarinana-Ayala, was headed northbound in the right turn lane. It appears that Sarinana-Ayala failed to change lanes, causing him to strike a concrete block that secures a traffic light pole.

When officers arrived on the scene, they found both the driver and the right front passenger dead.

The accident remains under investigation, but police believe that both alcohol and speed were contributing factors.

Pending notification of kin, the identification of the passenger has not yet been released.

For more on this Plano, Texas, car accident, click here for the complete story.

If you have been involved in a car accident, contact Fears | Nachawati today to receive free legal advice. To speak with one of our Texas personal injury attorneys, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

What is worker's compensation?

Worker’s compensation is a type of insurance purchased by employers. It compensates employers in the event that they are injured on the job. To be eligible to receive worker’s compensation, your injury must have arisen out of and in the course of your employment.

In addition to compensation for the injury itself, worker’s compensation typically covers the employee’s medical expenses as well. If a worker is killed on the job, worker’s compensation pays death benefits to the worker’s surviving spouse and other dependents. Worker’s compensation does not provide compensation for pain and suffering or punitive damages.

Worker’s compensation laws are based on strict liability. That is, you need not prove negligence in order to receive worker’s compensation benefits. Also, an employer cannot attempt to limit the amount of damages by invoking defenses such as contributory negligence. Contributory negligence and the other defenses available in civil lawsuits are not available in worker’s compensation claims.

In most cases, worker’s compensation is the only legal remedy available to an individual injured on the job. However, there are some cases where the negligence of a third party contributed to the worker’s injuries, in which case it may be possible to bring a personal injury lawsuit.

Every state’s worker compensation laws are different. The wisest course of action is to consult with an attorney who is experienced with on-the-job injuries and construction site accidents.

Contact Fears | Nachawati today for free legal advice if you have been injured on the job. You will speak directly with a Texas personal injury attorney who will answer all of your questions and help you understand your legal rights. For your free legal consultation,email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Preventing motorcycle accidents

Motorcycle riders are at a far greater risk of suffering a serious injury in an accident than someone riding in a passenger motor vehicle. A motorcycle has none of the protective features that help keep those in a car safe – a metal frame, windshield, seatbelts and airbags.

Because motorcycle riders face an increased risk of injury, they should practice vigilance and caution when on the road and take proactive measures to avoid accidents. Here are some of the things motorcycle riders can do to avoid accidents and minimize the risk of serious injury if they do get into an accident:

  • Never drink and drive
  • Be sure your bike is in good repair and working condition
  • Keep watch in your side mirrors for approaching vehicles
  • Make yourself visible at night with reflective clothing
  • Always wear a helmet
  • Wear other protective gear such as gloves, eye protection, long pants, boots and a riding jacket
  • Follow all of the rules of the road
  • Maintain a safe speed
  • Exercise extra caution when passing through intersections
  • Be mindful of how inclement weather affects visibility and road conditions
  • Make sure that other drivers can see you at all times

If you have been involved in a motorcycle accident caused by someone else’s negligence, contact Fears | Nachawati today. You will receive free legal advice from an experienced personal injury lawyer. Justemail us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Common causes of wrongful death

Wrongful death is defined as a death caused by the negligent, reckless or criminal behavior of another person. In these circumstances, it is often possible for the family members of the deceased victim to bring a wrongful death lawsuit.

There are a number of different events that can lead to a wrongful death. Common causes of wrongful death include:

  • Car accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • 18-wheeler accidents
  • Medical malpractice
  • Workplace accidents
  • Defective products
  • Falls

If you have lost a loved one due to the negligence of a third party, contact Fears | Nachawati today to speak with a Texas wrongful death lawyer. You will receive free legal assistance and advice. Simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Wife of man killed by 18-wheeler files Texas wrongful death lawsuit

A Texas wrongful death lawsuit has been field by the wife of a Plainview, Texas, doctor killed by an 18-wheeler. The lawsuit names both the driver of the 18-wheeler, Leonardo Castro-Mora, and the company for which Castro-Mora worked, Sandoval Trucking, as defendants. She is seeking both punitive and emotional damages.

When the accident occurred, the victim, Dr. Bryan Peeler, and his wife were traveling in separate vehicles on Highway 70. The Peelers pulled over on the side of the road so that one of their children could use the bathroom.

Peeler was helping his son when his wife observed the 18-wheeler approaching. She attempted to warn her husband by honking the horn. Peeler managed to push his son out of the way, saving his life, before he himself was struck by the 18-wheeler. He was pronounced dead at the scene of the accident.

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

Fears | Nachawati is a Texas wrongful death law firm. Contact us today to receive free legal advice on your potential wrongful death lawsuit. To receive your no charge consultation,email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

What is aggressive driving?

Road rage is a term that we’re all familiar with – but what exactly is road rage, or, as it is often called, “aggressive driving?”

The National Highway Traffic Safety Administration defines aggressive driving as “the operation of a motor vehicle in a manner that endangers or is likely to endanger persons or property.”

Actions that constitute aggressive driving include:

  • Tailgating
  • Speeding
  • Passing a vehicle on the right
  • Failing to obey traffic signals and road signs
  • Failing to yield to the right of way
  • Flashing your headlights
  • Intentionally blocking other vehicles
  • Unsafe lane changes

Unfortunately, aggressive driving is all too common, and aggressive drivers are responsible for a large percentage of all car accidents. There are, however, steps you can take to protect yourself from aggressive driving:

  • Allow the driver to pass you
  • Maintain the speed limit and stay calm
  • Do not retaliate or provoke the aggressive driver
  • Avoid eye contact
  • Do not make offensive gestures
  • Report the aggressive driver to the police
If you have been in a car accident caused by an aggressive driver, contact Fears | Nachawati today. Our personal injury lawyers have experience representing the victims of aggressive driving. To receive free legal advice on your potential personal injury lawsuit, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584

Should I hire a wrongful death lawyer?

If you have lost a loved one due to the negligent, reckless or criminal act of another person, you may be able to bring a wrongful death lawsuit. In bringing a wrongful death lawsuit, you will benefit greatly from working with a wrongful death lawyer.

Texas wrongful death law can be complicated. A Texas wrongful death lawyer knows and understands these laws, and they can ensure that your rights are protected. Your attorney will take on the responsibility of obtaining evidence and interviewing witnesses.

A wrongful death lawyer can also advise you on the wisest course of action, such as the best strategy for your lawsuit or whether it would be beneficial for you to enter into a settlement.

Because of their extensive experience with this particular type of lawsuit, a Texas wrongful death lawyer knows how to obtain the maximum compensation for your loss, including loss of income, medical expenses, loss of future income, pain and suffering, loss of consortium and funeral costs. In Texas, it is also possible to obtain punitive damages in some wrongful death cases.

To receive free legal advice on your potential wrongful death lawsuit, contact Fears | Nachawati today. Simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

What is the difference between a wrongful death and medical malpractice?

A wrongful death lawsuit can be the result of medical malpractice, but not all wrongful deaths are due to medical malpractice. Also, not all medical malpractice cases involve a wrongful death. Many victims of medical malpractice who bring lawsuits are seeking damages for an injury.

A wrongful death lawsuit can be based on a car accident, product liability, premises liability, a workplace accident, a construction site accident or even a criminal act. Medical malpractice is simply one basis for a wrongful death lawsuit.

A medical malpractice wrongful death lawsuit requires the plaintiff to prove the same elements of negligence that must be shown in any wrongful death lawsuit.

Fears | Nachawati is a Texas wrongful death law firm. To receive free legal assistance from a Texas wrongful death lawyer, call us at 1.866.705.7584 or email us at info@fnlawfirm.com.

Police chase ends in hit and run accident

A hit and run accident in Waco, Texas, late Friday night left one dead and another in jail.

The victim was riding a bicycle on Irving Lee Street when a 1994 Caprice headed south on Frontage Road ran a stop sign, striking the cyclist.

According to police, the driver, 35-year-old Marcus Cain, had been involved in a police chase only moments before. The driver was stopped for speeding shortly after midnight. He fled police, but the pursuit was abandoned when Cain ran a red light at Valley Mills Drive.

Cain was located by K-9 officers in a ditch in a nearby neighborhood. He was charged with evading arrest causing a deadly accident, possession of marijuana and failure to stop. He is currently in jail on bonds totaling $33,500.

The victim, who has not been identified, was pronounced dead at the scene.

For more on this hit and run accident, click here.

Fears | Nachawati is a Texas law firm that represents victims of auto accidents and the family members of those killed in motor vehicle collissions. To receive free legal advice on your potential personal injury or wrongful death lawsuit, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

18-wheeler, school bus collide in Fort Worth

 

A school bus and an 18-wheeler collided at the Intersection of FM 156 and Intermodal Parkway on Friday morning.

The accident, which was reported shortly after 7 a.m., took place near Alliance Airport in Forth Worth, Texas. The impact of the collision crushed the front of the bus and forced the tanker truck onto its side.

A hazardous materials crew was sent to the scene of the accident to clean up the spilled fuel.

Fortunately there were no students on the bus when the accident occurred. The bus driver was taken to a nearby hospital to be treated for minor injuries sustained in the accident.

The cause of the accident remains under investigation.

Click here to read more about this Texas 18-wheeler accident.

Fears | Nachawati is a Texas personal injury law firm that represents victims of 18-wheeler accidents. To receive free legal assistance with your case, email us at info@fnlawfirm.com or call us at 1.866.705.7584.

 

What is a job-related injury?

A job-related injury can be the result of a single incident or the culmination of repeated exposure to a dangerous activity or substance. A single-incident workplace injury, for example, could occur on a construction site when a worker falls from a piece of scaffolding or is struck by a vehicle. Prolonged exposure to hazardous materials, such as asbestosis, can cause mesothelioma or lung cancer. Whether the injury is incurred instantly or takes years to develop, both can be classified as job-related injuries.

A third type of job-related injury is one in which a medical condition or injury you already have is worsened by your employment.

Note that you do not have to be on the employer’s premises in order to sustain a job-related injury. Job-related injuries can occur at any event you are required to attend by your employer and at any time during which you are on pay status.

If you have suffered a job-related injury, contact Fears | Nachawati today for free legal advice. You will receive a no charge legal consultation with one of our Texas personal injury attorneys. Simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

 

Should I give a recorded statement to an insurance adjuster?

In the hours immediately following a car accident, you will be contacted by insurance adjusters from your own insurance company and from that of the other driver. The adjusters from both companies will want you to give them a recorded statement detailing your account of the accident. For the insurance adjuster, it is quicker and easier to get your statement over the phone rather than take the time to obtain a written statement.

The question is, should you agree to give the insurance adjuster a recorded statement?

The answer is that it is in your best interest to first contact a Texas car accident attorney before making any statements. Insurance adjusters contact you at a time when you are least prepared to give a recorded statement – when you are still reeling from the aftermath of your car accident.

You might make a mistake in the telling of how the accident occurred, or use imprecise language that would enable the insurance company to use your own words against you. The goal of the insurance adjuster is to pay you as little as possible for your car accident, which means it is in their best interest to get you to say something that could be interpreted as an admission of fault. The problem is that it is nearly impossible to change or correct the statement once it has been recorded.

You are under no obligation whatsoever to give a recorded statement to the insurance adjuster, regardless of whether they are from your insurance company or the other driver’s. And you have a right to be represented by an attorney when giving your statement.

If you have been involved in a car accident, the wisest course is to seek the counsel of an experienced car accident attorney as soon as possible. An attorney can help you prepare a written statement that is accurate and fair – with no voice on the other end of the phone trying to trap you into admitting some type of fault.

Contact Fears | Nachawati today to speak with a Texas car accident attorney for free legal advice about your claim. For your free consultation, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Five common causes of car accidents

Car accidents can occur any time, anywhere. Even the most cautious of drivers can become involved in a car accident. You can’t control the behavior of other drivers, and it is typically the choices a driver makes that lead to car accidents.

To help protect yourself and your loved ones from being involved in a Texas car accident, it helps to be aware of the most common causes of motor vehicle collisions. In Texas, and all around the country, there are five factors that are frequently at play in a car accident:

  1. Speeding: When you’re speeding, you have less time to react in order to avoid a potential accident. Also, the faster you are driving, the more braking distance you need, reducing your chances of stopping in time to prevent a collision.
  2. Aggression: Examples of aggressive driving include ignoring traffic signals, failing to yield to the right of way, tailgating and excessively changing lanes.
  3. Distractions: Whenever you’re behind the wheel, your full attention should be devoted to the road and the traffic around you. Distractions such as talking on the cell phone or to passengers, eating or changing radio stations contribute to as many as 50% of all car accidents.
  4. Fatigue: Factors such as lack of sleep and the side-effects of medication can cause driver fatigue – which accounts for almost 100,000 car accident deaths every year.
  5. Driving under the influence of alcohol: Intoxication impairs your judgment and slows your reaction time, dramatically increasing your chances of causing a car accident. It can also lead to driver fatigue.

If you have been involved in a car accident caused by another driver’s irresponsible or illegal behavior behind the wheel, contact Fears | Nachawati today for free legal advice. You will speak directly with a Texas car accident lawyer who will provide you with a no charge consultation. You can email usat info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

 

Fort Worth police officer, 4 others injured in car accident

An SUV crashed into a Fort Worth police cruiser Tuesday night, sending five people to the hospital. The accident took place at 3:00 a.m.

Among those injured was the police officer driving the cruiser, who was headed westbound on Brentwood Stair Road. The accident occurred when the 23-year-old driver of the SUV ran a red light, slamming into the police vehicle.

The driver of the SUV as well as three passengers in the vehicle were injured.

Though both vehicles were badly damaged, none of the injuries suffered by the car accident victims appeared to be life-threatening or serious, says police spokeswoman Sgt. Cynthia Blake.

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

Fears | Nachawati is a Texas personal injury law firm that helps car accident victims get the compensation they deserve. To receive free legal advice about your car accident claim, contact us today by email at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Mother of man killed by Killeen police files wrongful death lawsuit

 

A wrongful death lawsuit has been filed by the mother of a man who was killed by Killeen, Texas, police in March. The suit names the city of Killeen and Killeen police officer James Plank as defendants.

Catherine Marie Galloway is the mother of Jarvis Galloway, the man who was shot by Officer Plank. She has filed the suit on behalf of herself as well as Galloway’s 2-year-old son. The wrongful death and federal civil rights lawsuit has been filed in Waco, Texas.

On March 1st, Plank was called out to Spur’s Night Club in Killeen, Texas, on account of a fight in the club’s parking lot. According to police, Plank was trying to stop a man named Averweone Darneel Holman from fleeing the scene of the fight.

At the time, Holman was attempting to jump through the passenger side window and into a Chevy Trailblazer being driven by Galloway.

While grabbing Holman’s arm, Plank became stuck in the window of the vehicle. Plank yelled to Galloway to stop, but, according to the Holman’s arrest record, Galloway accelerated. Plank freed one of his arms, shooting Galloway as he (Plank) was thrown from the Trailblazer.

According to the wrongful death lawsuit, however, Galloway was pulling away slowly when Holman jumped into the window. The suit goes on to state that Galloway, upon realizing what was happening, stopped his vehicle, removed his hands from the steering wheel and put them in the air.

The lawsuit alleges that, despite Galloway’s surrender, Plank drew his firearm and shot Galloway at point-blank range. According to the suit, the vehicle began moving only after Galloway was shot, when it then struck a dumpster, parked car and several handrails before ultimately crashing into a building.

As of Friday, the city of Killeen had not yet been served papers regarding the lawsuit.

To read more about Galloway’s wrongful death lawsuit, click here for the complete article.

Fears | Nachawati is a Texas wrongful death law firm representing the families of wrongful death victims. To receive free legal advice from a Texas wrongful death lawyer, email Fears | Nachawati at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

 

Yaz and Yasmin lawsuit claims

Yaz and Yasmin lawsuits are growing in frequency across the country as women suffer from serious Yasmin and Yaz-related side effects. For the attorneys representing these victims, there are several legal grounds for bringing Yaz and Yasmin lawsuits.

Common claims being brought against Bayer, the maker of Yasmin and Yaz, include:

 

  • Strict product liability
  • Deceptive advertising
  • Negligence
  • Fraud
  • Fraudulent and intentional misrepresentation
  • Breach of warranty
  • Failure to warn consumers of Yaz and Yasmin’s serious, and sometimes life-threatening, side effects
  • Failure to exercise ordinary care in the testing and manufacturing of Yaz and Yasmin
  • Failure to conduct adequate clinical tests and studies to determine whether Yasmin and Yaz were safe

If you have suffered or are suffering from the side effects of Yaz or Yasmin, contact Fears | Nachawati for free legal assistance. One of our Yaz lawsuit attorneys will review your case and answer your questions about your legal options. Simplyemail us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 to receive your free consultation.

Texas woman files personal injury lawsuit over hotel insect infestation

A Texas woman has filed a personal injury lawsuit against a Galveston hotel. The Texas personal injury lawsuit, which is being brought by Stephanie Griffin of Beaumont, Texas, claims Griffin suffered an attack by an infestation of bugs in the hotel.

 

Padmanabh Inc., the operator of the La Quinta where the alleged attack occurred, has been named as the defendant. In the personal injury lawsuit against the hotel’s operator, Griffin, a grandmother of three, claims she was unable to enjoy her vacation with her grandchildren because of the incident.

 

According to Griffin, after encountering the bugs in her La Quinta room, she suffered itching, severe pain and extreme discomfort. Griffin immediately sought treatment at the University of Texas Medical Branch. Doctors there diagnosed Griffin with insect bites.

 

Griffin says she had to seek follow-up treatment for persistent skin irritation and pain after returning home from her trip.

 

In her Texas personal injury lawsuit, Griffin is seeking medical expenses and lost wages. She has also requested a jury trial.

 

To read more about Griffin’s Texas personal injury lawsuit, click here for the complete story.

 

Fears | Nachawati is a Texas personal injury law firm that provides victims with free legal advice on their potential lawsuit. To have one of our personal injury lawyers review your case at no charge, contact us today.Email Fears | Nachawati at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.  

Family of construction worker killed on the job sues crane owner

The family of a Texas man killed at a construction site in Mount Pleasant, Texas, has filed a lawsuit against one of the site’s subcontractors.

The victim, 60-year-old Bobby Spray Elrod, was killed when a steel beam suspended from nylon cables came loose and fell on him. His family is suing the company that owned and operated the crane, TDS Erectors Inc.

The suit, which has been filed by Elrod’s daughter, Ashley Ebner Johnson, accuses TDS of gross negligence. According to the suit, the company violated an OSHA standard when moving the beam. In the suit, Johnson also alleges that the company knew that the crane and its operators were unfit for the task.

The lawsuit further alleges that TDS violated the law by not instructing its employees in recognizing and avoiding unsafe conditions as well as in controlling or eliminating hazards in the workplace.

TDS has yet to file an answer to the complaint.

Click here to read more about this Texas construction accident lawsuit.

Fears | Nachawati is a Texas personal injury law firm that represents the victims of construction accidents. We also represent the family members of deceased construction accident victims in bringing wrongful death lawsuits. To receive free legal advice from a Texas wrongful death and personal injury attorney, contact us today. Simply email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

Waco, Texas, man injured in hit-and-run accident

A Waco, Texas, man became the victim of a hit-and-run accident last Tuesday night. The man was struck by a car as he crossed 25th Street near Gorman in Waco.

At around 8:45 p.m., police responded to a report of a man having been hit by a motor vehicle. When police arrived on the scene, they found the victim lying in the middle of the street.

Witnesses say the victim was struck by a woman driving a white, older model truck. The suspect, whose name has not been released, was arrested shortly after not far from the scene of the accident.

According to Waco police officer Gary Harrison, the woman got out of her truck to check on the victim then returned to her vehicle and drove away.

The extent of the victim’s injuries was unknown as of Tuesday night. The incident remains under investigation.

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

Fears | Nachawati is a Texas personal injury law firm that represents all car accident victims, including pedestrians who have been involved in hit-and-run accidents. To receive free legal assistance and advice on your potential personal injury lawsuit, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.
 

I was in a Texas 18-wheeler accident - who can be held liable?

Texas 18-wheeler accidents make for complicated cases. In the typical car accident case, the only defendant is the driver of the car that caused the accident. In 18-wheeler accidents, however, there is a long list of people and entities that may be held liable.

Potential defendants in a Texas 18-wheeler accident lawsuit might include:

1.      The driver of the truck

2.      The owner of the truck: The owner of the 18-wheeler is not always the same as the driver. In fact, the owner of the cab may be different from the owner of the trailer.

3.      The owner of the cargo being carried

4.      The driver’s employer and/or the parent company: Employers can be held vicariously liable for the actions of their employees under the doctrine of respondeat superior.

5.      The manufacturers of the truck or any part of the truck: Manufacturers can be held liable if a defect in the truck contributed to the accident.

6.      The maintenance company: The party responsible for maintaining and/or repairing the truck can be held liable if inadequate maintenance contributed to the accident.

If you have been involved in a Texas 18-wheeler accident, contact Fears | Nachawati today for free legal assistance. Email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584 for your free consultation.

What is "duty of care"?

Duty of care is a duty imposed by the law on every person to behave with the caution that a reasonable and prudent person would exercise under the same circumstances. In order to successfully prove negligence in a Texas personal injury lawsuit, you must first prove that the defendant owed you a duty of care and that the duty of care was breached.

We all owe a general duty of care to the public and those around us. There is no requirement that you be contractually bound to another person in some way before you owe them a duty of care. Rather, the duty of care is automatic and owed by all of us to anyone who may be affected by our actions.

If you have been the victim of an accident caused by the negligence of a third party, contact Fears | Nachawati today. You will receive free legal advice from a Texas personal injury lawyer who can answer all of your questions about the litigation process. You can email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

Day care center van overturns injuring 13 children

 A day care center van carrying 20 children was involved in a car accident Monday morning in Grand Prairie, Texas. The van collided with a Chevy Tahoe and flipped onto its side. Thirteen children were sent to various hospitals with non-life threatening injuries. The injured children ranged in age from 3 to 11.

The van, which belongs to the Kids Clubhouse day care center, had a capacity of only 14. The driver of the van, 20-year-old Karissa Acosta of Arlington, Texas, does not have a driver’s license.

When the accident occurred, the day care center van was traveling west on Mayfield Road. Acosta ran a red light after swerving around a car that was stopped at the light. After proceeding into the intersection of Mayfield and Great Southwest Parkway, the van was broadsided by the Tahoe. The force of the impact caused the van to spin. It then struck a curb, causing it to flip onto its side.

Like Acosta, the driver of the Tahoe, 30-year-old Aracel Torres of Grand Prairie, Texas, does not have a driver’s license. Torres’ was carrying two passengers, aged 2 and 4, both of whom were taken to a hospital with minor injuries along with Torres.

Acosta, police say, is likely to face multiple traffic charges, including allowing children to ride without seatbelts and running a red light. Acosta violated a law which went into effect September 1st, requiring all children in 15-seat passenger vans to wear seatbelts.

The day care, which is located in Grand Prairie, Texas, closed voluntarily for the day on Monday. Kids Clubhouse, which has a capacity of 138 children, has been in operation since January 2008. The center has had a total of 48 violations of the 2600 standards required by the state. Officials say the number of violations is consistent with other day care centers of the same size. All of the violations have since been corrected.

Click here to read more about this Texas car accident.

If you or your child has been injured in a car accident, contact the personal injury lawyers of Fears | Nachawati. We will provide you with free legal assistance and answer your questions about personal injury lawsuits. Simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584 for your free consultation.

 

Who can bring a wrongful death lawsuit in Texas?

Only certain categories of people are eligible to bring a wrongful death lawsuit. In Texas, the law allows the deceased’s surviving spouse, children and parents to bring a wrongful death lawsuit. That individual can bring the Texas wrongful death lawsuit solely on their own behalf or on behalf of themselves as well as one or more of the eligible individuals outlined above.

Texas wrongful death lawsuits are governed by Chapter 71 of the Texas Civil Practice and Remedies Code. Section 71.004, “Benefitting from and bringing action,” is the specific law that outlines who can bring a wrongful death lawsuit in Texas.

Fears | Nachawati is a Texas wrongful death law firm. To receive free legal advice on Texas wrongful death claims and to learn more about your legal rights, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.


 

 

Affirmative defenses to Texas personal injury lawsuits

When a defendant puts forth an affirmative defense they are not denying their responsibility for the accident. Rather, they are arguing that there is some other reason why they should not be held liable.

Defenses to a Texas personal injury lawsuit can be put into one of two basic categories: “I didn’t do it” and “I did it but…” An “I didn’t do it” defense is essentially a denial of one or more of the plaintiff’s claims. For example, the defendant in a car accident lawsuit may deny that they were speeding as the plaintiff has claimed.

An affirmative defense is an “I did it but…” defense. It is used by a defendant to either limit or excuse any wrongdoing on their part. For example, the defendant does not deny that they were speeding but instead asserts that the statute of limitations has run out, making the victim ineligible to bring a lawsuit.

 

Contributory negligence is another type of affirmative defense. For instance, the defendant could argue that the plaintiff can’t recover for their injuries because they contributed to the car accident by talking on their cell phone and failing to pay attention to the road.

 

Fears | Nachawati is a Texas personal injury lawsuit firm representing victims of all types of accidents in seeking compensation for their injuries. To receive free legal advice from one of our personal injury attorneys, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

 

 

What is emotional distress?

Emotional distress is one type of injury for which you can seek compensation in a Texas personal injury lawsuit.

 

Accidents are traumatic experiences. Not only do they cause physical injuries, they can also cause the victim to suffer emotionally and mentally. Emotional distress, which is also often referred to as mental anguish, is the legal term used to describe an accident victim’s psychological reaction to the incident.

 

Victims experience emotional distress and mental anguish in different ways. There are, however, some common symptoms of emotional distress which include:

 

  1. Panic attacks
  2. Fear
  3. Sleeplessness
  4. Headaches
  5. Stress
  6. Nightmares
  7. Worrying
  8. Nausea
  9. Frequent crying
  10. Hyperventilation

Have you suffered emotional distress as the result of an accident? Then contact the Texas personal injury lawyers of Fears | Nachawati today. Simply emailus at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

 

 

What types of medical expenses can I recover in my Texas personal injury lawsuit?

Medical expenses are at the heart of any Texas personal injury lawsuit. The goal of a personal injury lawsuit is to put the victim back into the position they would have been in if the accident had never occurred. An important part of that is compensating the accident victim for the various medical-related expenses they have incurred.

 

There are a wide variety of medical expenses that you can seek compensation for. These include both past and future medical expenses. That is, you can be compensated not only for the expenses you have already incurred but also for those you are likely to incur in the future as a result of the injuries you suffered in the accident.

 

The types of medical expenses you can recover in a Texas personal injury lawsuit include but are not limited to:

 

  1. Doctor bills
  2. Hospital care
  3. Medication
  4. Surgery
  5. Medical equipment, such as wheelchairs and braces
  6. In-house nursing care and assistance
  7. Prosthetics
  8. Modification to your home to accommodate a disability
  9. Special furniture
  10. Rehabilitation
  11. X-rays
  12. Lab and test fees

If you have been injured in an accident, contact Fears | Nachawati today to discuss the damages you are eligible to recover. One of our skilled and experienced attorneys will provide you with free legal advice about Texas personal injury lawsuits. Email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.