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

In order to hold someone legally liable for your injuries, you must prove that person’s actions were the cause of your injuries. Proving causation in personal injury lawsuits is typically a straightforward matter.

For example, John Smith was speeding and ran a red light. When he ran the red light, he hit a car being driven by Mary Jones. Mary was injured and her car was destroyed. Mary’s injuries were clearly caused by John’s actions – that is, by his running a red light. Mary can bring a personal injury lawsuit against John and sue him for both her physical and emotional injuries as well as the damage to her vehicle.

Causation, however, is sometimes more complicated. There are cases when a defendant argues that an “intervening cause” was the true cause of the plaintiff’s injuries. An intervening cause is an event that occurs between the defendant’s original negligent act and the injury suffered by the plaintiff. In this case, the intervening event was the real reason the injury was suffered.

Here’s an example of a situation where the defendant might successfully argue that an intervening cause was the real reason the plaintiff was injured:

Mike is mopping the floors at the ABC Grocery Store. When he finishes mopping, he negligently leaves the bucket of water sitting in the middle of the aisle. Ten minutes later, there’s a mild earthquake. The tremors from the earthquake cause the bucket to shake and tip over, spilling water on the floor. Suzy Shopper slips on the water and falls, breaking her ankle.

In defending a lawsuit brought by Suzy Shopper, the owner of ABC Grocery Store will argue that the earthquake, and not his employee’s negligent actions, was the real cause of Suzy’s injuries.

An experienced personal injury attorney can review the facts of your case and determine who can be held liable for your injuries. To receive free legal advice on your potential Texas personal injury lawsuit, contact Fears | Nachawati today. Simply email us or phone us toll free at 1.866.705.7584 to speak with a Texas personal injury lawyer.

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If you were injured because someone failed to act responsibly, you may have grounds for a personal injury lawsuit.

Essentially, three criteria must be met in order to bring a personal injury lawsuit:

1. You were injured.
2. The injuries were caused by someone else.
3. You suffered a monetary loss because of your injuries.

Most personal injury lawsuits are based on a legal concept known as negligence. A person is negligent if they fail to exercise the caution that a reasonable person would have under the same circumstances.

When someone’s negligent actions cause injury to another person, they have committed a tort. A tort is the basis for a personal injury lawsuit. If Person A’s negligence causes an accident that injures Person B, then Person A can be held legally liable for Person B’s damages.

To find out whether or not you may have a personal injury lawsuit, contact Fears | Nachawati today for free legal assistance. To speak with one of our Texas personal injury lawyers, email us or phone us toll free at 1.866.705.7584.

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No, neither Yaz nor Yasmin have been recalled. However, the drugs have both been the subject of numerous personal injury lawsuits around the nation. The maker of Yaz and Yasmin, Bayer HealthCare Pharmaceuticals, also received a warning letter from the FDA over misleading advertising.

Even though neither type of birth control has been recalled, the fact remains that both drugs pose the serious risk of grave, even deadly, side effects. Yasmin and Yaz have been linked to heart attacks, strokes, gallstones, deep vein thrombosis and pulmonary embolisms.

If you have been injured by taking Yaz or Yasmin, contact Fears | Nachawati today for free legal advice. To speak directly with a Yaz and Yasmin lawsuit attorney, simply email us or phone us on our toll free number at1.866.705.7584.

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In Texas, you must file your personal injury lawsuit within two years after the incident that caused your injuries. This two-year time limit is known as a statute of limitations.

While the general statute of limitations on personal injury lawsuits in Texas is two years, there are exceptions. The statute of limitations can be “tolled” under certain circumstances, such as when the victim was a minor.

To be sure that you don’t lose your right to seek legal compensation for your injuries, contact a personal injury lawyer as soon as possible. For free legal assistance from a Texas personal injury attorney, contact Fears | Nachawati today. Simply email us or phone us toll free at 1.866.705.7584.

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Police have arrested the driver of a car involved in a deadly accident early Saturday in Euless, Texas.

According to Euless police, the driver, 32-year-old Cody Worrell, hit a tree with his 2007 BMW at a high speed. He then smashed into a concrete wall. The accident took place at around 2:15 a.m. in the 1200 block of Bear Creek Parkway.

The passenger, a 32-year-old man, was trapped in the car. He was pronounced dead at the scene.

Worrell has been charged with intoxication manslaughter and is being held in Euless jail.

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

If you or someone you love has been injured in a car accident, contact the personal injury lawyers of Fears | Nachawati today. To receive free legal advice from a Texas personal injury attorney, simply email us or phone us toll free at 1.866.705.7584.

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Duty of care is the legal responsibility we owe one another to act with reasonable care in the actions we take. It is the general idea that we have a duty to consider the effect that our actions will have on other people. We have a duty to take reasonable steps to ensure that others do not suffer personal, financial or property loss or damage as the result of our actions.

Duty of care is directly related to negligence. If you breach the duty of care, then you have acted negligently because you have failed to behave the way that a reasonable person would under the same circumstances.

Our legal duty of care can be dictated by statutes passed by the legislature, or it can be imposed common law, which is the law that is developed out of court cases.

If you were injured due to someone else’s negligent actions, contact the personal injury lawyers of Fears | Nachawati today. To receive free legal assistance, simply email us or phone us on our toll free number at 1.866.705.7584.

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Discovery is the legal process by which both parties to a lawsuit are able to gather the pertinent information in order to litigate or defend a legal claim. It takes place before the trial so that both parties to the dispute have the facts they need.

Discovery takes many forms. One way to obtain information through discovery is to send the other party a list of written questions, which is called an interrogatory. Another way is a deposition, in which you give sworn testimony that is recorded by a court reporter. Or, if there are specific documents you know that you need, you can request those items directly.  

For state courts, state law dictates the precise rules that govern discovery. Federal law governs discovery in federal courts.

If you have been injured in accident, contact Fears | Nachawati today for free legal advice. Simply email us or phone us toll free at 1.866.705.7584.

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Personal injury settlements are one way of resolving a personal injury lawsuit. Rather than going through with a trial and obtaining a verdict from a judge or jury, the plaintiff and defendant can choose to settle the case between themselves. The legally binding agreement reached by the two parties is known as a settlement.

When you enter into a personal injury settlement, you – the plaintiff – agree not to pursue any legal action against the defendant with regard to a specific claim (such as a car accident) in return for an agreed upon amount of money.

Personal injury settlements can be beneficial to both sides of the dispute. Settlements are typically quicker and less expensive than a trial. Also, trials can be very stressful for both parties. With a settlement, you can avoid prolonged litigation, and you can choose to structure your settlement in a way that benefits you most.

However, a personal injury settlement may not be in a plaintiff’s best interest in all cases. There are times when moving forward with the lawsuit and going to trial will result in a bigger award. Only a qualified personal injury attorney can advise you on whether a personal injury lawsuit is the wisest course of action given your circumstances.

To speak with a personal injury lawyer today, contact Fears | Nachawati. Simply email us or phone us toll free at 1.866.705.7584 to receive free legal advice from one of our Texas personal injury attorneys.

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If you were in a car accident in Texas, it is sometimes possible to bring a lawsuit against someone other than the driver of the car. If the driver of the car is not also the owner of the car, then the doctrine of negligent entrustment may apply under specific circumstances.

Note that liability for negligent entrustment does not apply in all cases where someone other than the owner was driving the car that caused the accident. Rather, negligent entrustment occurs when the owner of a vehicle entrusts that vehicle to a driver they know is reckless, incompetent or unlicensed. Should that reckless, incompetent or unlicensed driver cause an accident, then the owner is liable for the damages.

An experienced Texas car accident lawyer can review the facts of your case and determine which parties may be held liable for your injuries and losses. If you have been hurt in a car accident, contact Fears | Nachawati today to speak with a Texas personal injury lawyer. You can email us or phone us toll free at 1.866.705.7584.

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The daughter of a nursing home resident who died after fracturing her hip is suing the home for wrongful death.

In September of 2008, Cindy Zerko, a resident at a Regency Nursing and Rehabilitation Center, fell out of her wheelchair, fracturing her hip. The fall took place when the residents where being evacuated because of Hurricane Ike.

Cindy Zerko’s daughter, Sharon Zerko, is now suing the Regency Nursing and Rehabilitation Center. In her Texas wrongful death lawsuit, Zerko alleges that the center was negligent in failing to “initiate an effective fall prevention program.” She further alleges that the center ignored her mother’s needs.

Cindy Zerko was treated at St. David’s Hospital in Austin, Texas, according to court papers. Her medical records indicate that she was doing poorly after the surgery. She was pronounced dead on September 29, 2008.

Click here to read more about Zerko’s Texas wrongful death lawsuit.

If you have lost a loved one due to someone’s negligent actions, contact the wrongful death lawyers of Fears | Nachawati today. You will receive free legal advice from a Texas wrongful death attorney. Simply email us or call us on our toll free number at 1.866.705.7584.

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A high school teacher was injured when a pickup truck crashed into a Grand Prairie donut shop.

The driver of the pickup, a 78-year-old man and a regular customer at the shop, mistakenly hit the gas instead of the brake. His vehicle then smashed through the shop.

Three teachers from Crosswinds High School were dining in the donut shop at the time of the accident. Two of the teachers were able to get out of the way of the truck, but the third was hit and taken to Arlington Memorial Hospital, possibly with a broken hip.

The driver of the pickup truck was uninjured. Police say they do not expect to bring any charges against him.

The owner of the building, Michael Zimmerman, estimates that the accident resulted in at least $5,000 worth of damage to the shop.

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

If you have been involved in a car or truck accident, contact the Texas personal injury lawyers of Fears | Nachawati today. You will receive free legal advice from an experienced car accident attorney. Simply email us or phone us toll free at 1.866.705.7584.

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A Waco, Texas, man was killed early Sunday morning in a motorcycle accident. The accident took place in the 1200 block of Eichelberger Crossing near Lake Waco.

The victim, Billy Edward Wright Jr., 25, lost control of his motorcycle after he failed to navigate a turn. Wright was ejected from the motorcycle after it veered off the road and crashed into a ditch.

Wright was not wearing a helmet, says a Texas Department of Public Safety spokesman.

The motorcycle accident occurred at 1:53 a.m., and Wright was pronounced dead at the scene less than an hour later.

No other vehicles were involved in the accident.

Click here to read more about this Texas motorcycle accident.

If you or someone you love has been hurt in a motorcycle accident, contact Fears | Nachawati today for free legal assistance. To speak with a Texas personal injury lawyer, simply email us or phone us toll free at 1.866.705.7584.

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If you believe you have been harmed or injured by taking the birth control pills Yaz or Yasmin, seek immediate medial attention. Make an appointment with your physician as soon as possible. If your side effects are diagnosed and treated early, you may be able to avoid serious medical complications.

After you have sought medical attention, contact the Yaz and Yasmin lawsuit lawyers of Fears | Nachawati to learn about your legal rights and options. Women all over the country have filed lawsuits against the makers of Yasmin and Yaz because they have suffered severe side effects as a result of taking these birth control pills.

To find out if you are eligible to bring a Yaz or Yasmin lawsuit, contact us today by email or by phoning us toll free at 1.866.705.7584.

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In the early hours of Friday morning, a 1997 Jeep Cherokee rolled down an embankment near Grapevine Mills shopping mall, killing one and injuring two others.

The Jeep was headed west on LBJ freeway when the driver exited onto southbound Highway 121. Police say it appears that the vehicle failed to make a curve, causing it to roll down the hill and stop in some nearby trees.

The driver, a woman was ejected from the vehicle and pronounced dead at the scene. One of the two male passengers was taken into intensive care, and the other suffered nonlife-threatening injuries.

Police believe that neither of the passengers was wearing a seat belt.

The cause of the accident remains under investigation.

Click here for the complete article on this Texas car accident.

For free legal advice from a Texas car accident lawyer, email Fears | Nachawati today or phone as toll free at 1.866.705.7584.

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Three people are dead and another three are injured after a head-on collision Friday morning that took place south of Lavon Lake, Texas. The accident occurred at around 10:00 a.m. on Highway 205, about a mile outside of Wylie.

Among those injured was a four-year-old girl who lost her mom and grandparents in the accident.

It appears that the white Hyundai SUV was traveling north when it likely hydroplaned, crossing the center line and hitting a Honda Passport minivan head-on.  It was raining at the time of the accident.

The driver of the minivan as well as two passengers in the vehicle were killed. The two individuals in the SUV suffered nonlife-threatening injuries.

The investigation into the accident remains ongoing. As of Friday, no charges had been filed.

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

If you have been injured in a car accident, contact Fears | Nachawati today for free legal advice from a Texas personal injury lawyer. You can e-mail us or phone us toll free at 1.866.705.7584.

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The Texas Tort Claims Act is the set of laws that determine when a governmental entity may be held legally liable for tortious conduct under state law. 

Before the Texas Tort Claims Act was adopted by the legislature, an individual could not recover damages from a state or local governmental unit for injured they suffered as a result of the actions of a government employee in an employee’s performance of a governmental function. 

This concept is known as sovereign immunity, and it exists to protect the government’s time and resources from litigation and to encourage swift action by government officials.

However, in 1969, the Texas legislature adopted the Texas Tort Claims Act, waving sovereign immunity for governmental entities under certain circumstances. The relevant portion of the Act (Tex. Civ. Prac. & Rem. Code § 101.021) states that governmental units can be held liable for:

(1) property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if:

(A) the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment; and

(B) the employee would be personally liable to the claimant according to Texas law; and

(2) personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.

The Act places a cap on the amount of damages an individual can receive when suing a governmental unit. The maximum amount of damages that can be received by an individual is $250,000. There is also a $500,000 cap for each single occurrence of bodily injury or death. Finally, there is a $100,000 limit on the amount that can be awarded for a single occurrence of injury to or destruction of property.

If you have been injured by the actions of a government employee, contact Fears | Nachawati today to determine whether you may be eligible to receive damages under the Texas Tort Claims Act. You can email us or phone us toll free at 1.866.705.7584.

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Patsy Moon, sister of former Houston Oilers quarterback Warren Moon, is suing a restaurant chain over alleged disfigurement caused by spilled hot coffee and soup.

In 2009, Moon was dining at La Madeleine in Houston when an employee of the restaurant spilled a tray of scalding soup and coffee on her thigh.

According to Moon, she was burned instantly and had to seek emergency medical attention.

Moon’s lawsuit alleges that Moon was disfigured by the burns caused by the spilled coffee and soup. It further claims that Moon was unable to complete her normal day-to-day activities because of severe pain. The lawsuit also alleges that Moon was unable to attend an NFL Hall of Fame event with her brother because of her injuries.

Click here to read more about Moon’s lawsuit.

If you have been injured in an accident, contact the personal injury lawyers of Fears | Nachawati today. To receive free legal assistance from one of our experienced attorneys, simply email us or phone us toll free at 1.866.705.7584.

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In some cases, it is not only the driver of the motor vehicle that caused the car accident that can be held liable for your damages. If the driver who caused your accident was an employee acting within their capacity as an employee, you may be able to bring legal action against the employer of the driver. 

This legal theory is known as vicarious liability. Note that vicarious liability only applies if the individual was acting during the course and scope of their normal activities in service to their employer.

In addition to employers, there are times when it is possible to hold the owner of a vehicle accountable for a car accident, even if the owner was not driving the vehicle at the time of the accident. 

Under Texas law, the owner of a vehicle is responsible for damages caused by the driver if the owner knew or should have known that the driver was reckless, incompetent or inexperienced. This legal theory is referred to as liability for negligent entrustment.

An experienced lawyer can evaluate the facts of your case and help you determine who is responsible for your damages and injuries. To receive free legal advice about your potential personal injury or car accident lawsuit, contact the attorneys of Fears | Nachawati today. You can email us, or phone us toll-free at 1.866.705.7584.

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A moderated settlement conference is one type of alternative dispute resolution. Each party is represented by an attorney who presents their client’s basic position to a panel of impartial lawyers. This neutral panel listens to both sides of the dispute, and then presents the parties with a candid assessment of the strengths and weaknesses of both sides of the case.

The panel assists the parties in reaching a settlement agreement by presenting their assessment in the form of an advisory opinion containing their recommendations as to liability and damages. Unlike a verdict in a trial, however, this advisory opinion is not binding on the parties. Rather, it is a tool the parties can use in reaching a settlement agreement.

For free legal advice on moderated settlement conferences and other issues related to personal injury lawsuits, contact Fears | Nachawati today. Simply email us, or call us on our toll-free number at 1.866.705.7584.

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Alternative dispute resolution, which is often referred to simply as “ADR,” is a way of resolving a legal dispute without the need for litigation or a trial. In Texas, the use of alternative dispute resolution is governed by the Texas Alternative Dispute Resolution Procedures Act.

There are several different types of alternative dispute resolution, with the most common being arbitration and mediation. 

No matter what type of alternative dispute resolution is being employed, the general procedure is for a neutral third party to listen to both sides of the dispute and help the parties find common ground to come up with a mutually agreeable solution. The process is informal and does not take place inside a courtroom.

Alternative dispute resolution can be beneficial to both sides of the dispute. In general, alternative dispute resolution is quicker and less expensive than litigation.

An experienced lawyer can help you decide if alternative dispute resolution is right for your situation. In some types of alternative dispute resolution, you can also be represented by a lawyer during the process. It is always best to seek the advice of a qualified lawyer before entering into any dispute resolution procedure.

For free legal advice from a personal injury attorney, contact Fears | Nachawati by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

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A 24-year-old Arlington man is dead after a one-car accident on Interstate 20 Sunday night. His female passenger was injured in the accident.

The accident took place sometime around 10:30 PM near Green Oaks Boulevard. The car, a Ford Mustang, had veered off the Interstate and smashed into a guardrail after the driver lost control of the car.

The driver of the vehicle was pronounced dead at the scene. The female passenger was taken to John Peter Smith hospital in Fort Worth with nonlife threatening injuries. The identities of the victims has not been released.

The exact cause of the accident is not known at this time. However, the police believe slick roads from the rain may have been a contributing factor. Police also say the driver was speeding at the time of the accident, which is according to witness statements.

Two other car accidents occurred as a result of the traffic caused by this crash. Neither of those crashes resulted in any serious injuries.

For more on this Texas car accident, click here to read the complete article.

If you or someone you love has been injured in a car accident, contact the personal injury lawyers of Fears | Nachawati today. Simply 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 personal injury attorney.

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If a victim of an accident dies before they are able to bring a personal injury lawsuit, it is sometimes possible for the deceased’s estate to continue on with the litigation. Instead of a personal injury lawsuit, however, the estate of the deceased brings an action under the Texas survival statute.

The survival statute is a Texas law that provides a legal course of action for the family of a deceased victim. Under the Texas survival statute, the estate of the deceased victim is able to sue for the injuries the deceased could have sued for if the deceased had survived the accident that caused those injuries.

In a successful lawsuit brought under the Texas survival statute, the estate of the deceased is able to recover all the damages to which the victim would have been entitled. This includes pain and suffering and lost wages.

Note that the survival statute is separate and distinct from the Texas wrongful death statute. In a wrongful death lawsuit, the deceased’s family is suing for their own injuries, rather than injuries suffered by the victim.

If you have lost a loved one in an accident, contact Fears | Nachawati today for free legal advice. To speak with one of our Texas wrongful death and survival statute attorneys, simply email us atinfo@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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A jury awarded an injured welder $8.4 million in damages for an injury he received to his foot while working in Freeport. The victim, Ignacio Llamas, will receive at least $4.2 million as a result of a settlement and the award made in the negligence lawsuit.

The accident occurred in February of 2007. Llamas was welding when a molten piece of metal broke loose. The piece of metal burned through his protective clothing and slid down into his boot, burning his foot.

The jury found that three companies shared responsibility for Llamas’ accident. Certified Safety Specialists was assigned 50% of the blame, meaning that they will pay half the amount awarded by the jury. Altair Strickland was assigned 19% of the verdict; while Turnaround Welding Services was assigned 30%.

The jury did find that Llamas bore some responsibility, assigning him 1% of the blame.

One of the two contractors, Altair Strickland, entered into a settlement with Llamas just before the jury returned with its verdict. As a result, only one of the contractors, Certified Specialists, will be held to the jury’s verdict.

Because Turnaround Welding Services participates in the workers’ compensation program, the company will not have to pay out on the verdict.

According to allegations made in the lawsuit, those involved in the lawsuit were negligent because Llamas was not wearing the leather boots typically worn by welders. Normally, a welder’s pants fit over top of their boots. The rubber boots, by contrast, fit over top of Llamas’ jeans, leaving a gap for the molten metal to fall down his boot and onto his foot.

According to the lawsuit, Llamas’ injury was made worse when a Certified Safety Specialist employee told him to go to another doctor who did not properly treat him. Llamas developed an infection and was required to go to a burn unit.

For more on this negligence lawsuit that originated from a workplace injury, click here to read the complete article.

If you have been injured on the job, contact Fears | Nachawati today for a free legal consultation. You’ll receive free legal advice from a Texas workplace injury attorney. You can email us atinfo@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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If you are rear-ended, the car accident is almost always the other driver’s fault. 

Every driver has a basic duty to allow themselves enough distance in order to stop safely. If a driver is unable to stop when the vehicle ahead of them brakes, then they are not driving safely. 

In other words, they’re not exercising reasonable caution, which means that they can be found negligent and responsible for the accident.

There is, however, no hard and fast rule that being hit from behind always means the other driver is at fault, regardless of the circumstances. There may be situations when a driver is responsible for an accident even if they were hit from behind. An experienced car accident attorney will be able to review the facts of your case and advise you on who will likely be found at fault for the accident and whether you have a good claim for a personal injury lawsuit.

If you have been involved in a car accident, contact Fears | Nachawati today to receive free legal advice. Just email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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The FDA recently recalled all lots of the Synthes USA, Ti Synex II Vertebral Body Replacement. The Synthes USA, Ti Synex II Vertebral Body Replacement is a device used to replace a damaged, collapsed or unstable vertebral body in the spine caused by a fracture or tumor.

The reason for the recall is that there have been reports of moderate to severe loss of verbal body replacement height. The replacement height loss has taken place in patients at 6 to 15 months after the implant was received. 

There are numerous serious health risks associated with this loss of replacement height. Side effects range from increased pain to neural injury, and can include the need for another operation.

The FDA has required that all surgeons and hospitals in possession of the Synthes USA, Ti Synex II Vertebral Body Replacement stop implanting these devices immediately.

This is a Class 1 recall, which is the most serious type of all FDA recalls. In a Class 1 recall, there is a reasonable probability that the continued use of the recalled product will result in adverse health consequences or death.

Click here for more information on this FDA recall.

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A Passaic County, New Jersey, judge has requested mass tort status for all of the state’s Yasmin, Yaz and Ocella lawsuits.

Requesting the consolidation is Judge Donald Volkert jr. Already in Passaic County, where Volkert sits, there are more than a dozen Yaz andYasmin lawsuits pending.

There are 26 additional Yaz and Yasmin mean lawsuits pending in other New Jersey counties. According to Volkert, Yasmin and Yaz plaintiffs lawyers in the state have told him the number could reach 1000. If assigned mass tort status, all the Yaz and Yasmin lawsuits would be assigned to one judge.

Typically mass tort status requests are made by plaintiffs’ lawyers, but the courts do allow judges to make these applications as well. Volkert acted out of concern for strain on the judiciary’s resources.

Volkert’s proposal is being considered by New Jersey’s Administrative Office of the Courts, and a ruling is expected sometime in early 2010.

Click here for more on the mass tort status of Yaz and Yasmin lawsuits in New Jersey.

If you or someone you love has been injured as a result of using Yaz or Yasmin birth-control pills, contact Fears | Nachawati today for free legal advice. You can email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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In Texas it is possible to bring a wrongful death lawsuit after the death of an unborn child. The state’s wrongful death act was specifically amended in 2003 to include unborn children as “individuals” within the meaning of the statue. 

For purposes of a Texas wrongful death lawsuit, an unborn child is considered an individual at every stage of development, from fertilization to birth. However, the plaintiffs in a Texas wrongful death lawsuit must show that the mother was pregnant at the time of the individual’s deaths.

Fears | Nachawati is a Texas wrongful death law firm. To receive free legal advice on Texas wrongful death lawsuits, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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A Texas woman is suing a Mexican restaurant after tripping and falling while on their premises

Renovations were being performed at Bravos Mexican Restaurant in December of 2008. Sandra Hamm was a patron at Bravo’s Mexican restaurant when, according to the lawsuit, her foot got caught in a seam of the unfinished floor.

Hamm then lost her balance and fell, suffering what the lawsuit describes as “serious and permanent bodily injuries.”

The lawsuit names both the restaurant and the company performing the remodeling work, Engineered Contractors, as defendants.

Hamm’s personal injury lawsuit claims that Engineered Contractors was negligent in the way that they performed their work and in failing to give an adequate warning to those walking in the area where the incident occurred.

In this premises liability lawsuit, Hamm is seeking $50,000 in damages.

Click here to read more on this Texas personal injury premises liability lawsuit.

If you were injured on someone else’s property and believe you may have a personal injury lawsuit, contact Fears | Nachawati today. To speak with one of our Texas personal injury lawyers, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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The family of a Texas couple killed in a bicycle accident has filed a wrongful death lawsuit against the driver of the motor vehicle involved in the fatal collision.

The Texas wrongful death lawsuit is being brought by the fathers of the two victims, Gary Bruehler and Forrest Telleson, on behalf of the couple’s daughter, 7-year-old Kylie.

Named as a defendant is 40-year-old Gilbert John Sullaway Jr. Sullaway was driving a Ford pickup truck when he struck the victims, who were riding along the highway on a tandem bicycle. Sullaway overcorrected, veering off of Texas 16 and striking Gregory and Alexandra Bruehler.

A second defendant is named in the Texas wrongful death lawsuits – Advanced Detection Security Services Inc. Sullaway is listed as vice president of this security company and was on duty at the time that he was involved in the accident. 

No criminal charges have been filed against Sullaway, and he was not cited with any traffic violations. Sullaway was driving five miles over the speed limit at the time of the accident, and there is no evidence that he was intoxicated.

To read more about this Texas wrongful death lawsuit, click here for the full article.

If you believe you may have a wrongful death lawsuit, contact Fears | Nachawati today for free legal advice. To speak with one of our Texas wrongful death attorneys, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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A boa constrictor is missing after a single-vehicle car accident last week.

Last Thursday, a woman, whose name officials will not release, was in a one-vehicle rollover accident in Troup. And she lost more than just control of her car…she lost her five foot-long pet boa constrictor.

When officials arrived at the scene, they found the woman walking down the road with her vehicle turned upside down in some nearby trees.

The woman told responders from the Troup Volunteer Fire Department that she was transporting the snake in an aquarium and that she could not locate the snake after the accident.

The woman was treated for nonlife-threatening injuries, and warns that the snake may bite.

For more on this Texas car accident and the missing snake, click here to read the complete oracle.

To receive free legal advice on personal injury lawsuits, contact Fears | Nachawati. You will speak with a Texas personal injury attorney who will provide you with free legal advice. You can email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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A man died in a single-vehicle car accident on Monday morning on Interstate 30 in Dallas, Texas.

The victim was 24-year-old Jamie Sosa of Kemp. Sosa was taking an exit ramp to the southbound lanes of I-30E when the accident occurred. For reasons that remain unknown at this time, Sosa’s pickup truck launched over a guardrail connecting southbound I-35E to I-30.

The vehicle overturned and landed on its side on embankment.

Sosa, who was not wearing a seatbelt at the time the accident, was partially ejected from his car.

The accident took place at 1:10 a.m. Monday morning. The ramp was closed for more than an hour as officials investigated the incident.

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

If you have been injured in a car accident, contact Fears | Nachawati for 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.

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The mother of a two-year-old girl is suing a Dallas day care center over the choking death of her daughter.

According to the lawsuit, which has been brought by 25-year-old Marcelina Osorio, negligence on the part of Woodbridge Day School is to blame for the toddler’s death in October of 2008.

The toddler, Isabella Estep, choked on a small piece of gravel last year while at the day care center.

According to the lawsuit, which names the former owners of the day care center as defendants, improper supervision by a teacher was the reason why her daughter remained unconscious for up to 10 minutes before she was found. 

In addition, the lawsuit alleges the teacher, Mia Jennings, did not have first-aid training, as required by law. Instead, CPR was administered by one of the center’s owners.

Jennings, who does not have a high school diploma, is also named as a defendant.

The lawsuit further alleges that the day care center was closed and then resold in order to keep the incident off of their state records.

For more on Osorio’s lawsuit, click here for the complete story.

Fears | Nachawati is a Texas wrongful death law firm. We provide free legal advice to victims’ families. To speak with one of our Texas wrongful death lawyers, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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The parents of a Prairie View A&M University student are suing the fraternity whose hazing ritual allegedly caused their son’s death.

According to the wrongful death lawsuit, 20-year-old Donnie Wade Jr, died as the result of a hazing ritual orchestrated by the fraternity Phi Beta Sigma. The hazing took place over a three week period beginning in September and lasting until October 20^th, the date of Wade’s death.

In addition to the fraternity, the wrongful-death lawsuit also names Prairie View A&M as a defendant.

Wade collapsed during an early morning workout on a track at nearby Hempstead High School. Wade apparently fainted after exercises that included running laps, doing push-ups and climbing the bleachers, among other rigorous exercises. He later died.

No one call 911 after Wade collapsed. A bystander offered to help and was turned away by the fraternity’s dean of pledging. Wade was required to continue working out.

According to the lawsuit, the workout was one part of a series of hazing rituals to which Wade was subjected. Other aspects of the hazing included beatings with paddles, doing chores and paying for fraternity members’ food, as well as a strict bread and water diet.

Wade’s parents are seeking nearly $100 million in damages in their Texas wrongful death lawsuit.

Both the police and the university are continuing to investigate Wade’s deaths.

In response to the incident, the university has suspended all pledging and membership activities of all campus organizations.

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

If you have lost a loved one due to someone’s wrongful actions, contact Fears | Nachawati today for free legal advice. To speak with one of our wrongful death attorneys, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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Texas roadways can be a dangerous place. While it isn’t possible to entirely eliminate the risk of being involved in a car accident, there are simple steps that drivers can take to help avoid motor vehicle collisions.

You can avoid car accidents by:

Eliminating distractions: Distractions include eating, drinking, talking on a cell phone and changing radio stations.

Keeping your vehicle in good repair: Have your car maintenanced regularly.

Avoiding driving at night or in inclement weather: Darkness and poor weather conditions greatly reduce visibility, and night driving presents a risk of fatigue.

Remaining aware of your surroundings: One of the most important safety precautions you can take while driving is to simply keep your eyes on the road at all times and be aware of the other motor vehicles around you.

Obeying traffic laws: Always follow the rules of the road.

Exercising particular caution when driving through intersections: Intersections are where the majority of accidents occur.

Never drinking while driving: Alcohol impairs your judgment and slows your reaction time.

Following the speed limit: Excessive speed reduces your braking distance, which means you have less time to react to potential hazards.

If you have been involved in a car accident, contact Fears | Nachawati for free legal advice. You can email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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A Texas construction worker is dead after an on-the-job accident Friday morning.

Hermilo Pimentel, 41,  was working at the First Baptist Church on Farm-to-Market Road 2493 in Bullard, Texas, hanging sheetrock in an addition to the building.

Pimentel fell through a hole on the second floor, landing on the first floor of the building.

His co-workers called 911 after seeing that he was unresponsive. Pimentel was killed instantly due to massive head trauma. His hard hat fell off at some point during the fall.

The accident is being investigated by OSHA.

Click here to read more about this Texas construction accident.

If you have lost a loved one in a construction accident, contact Fears | Nachawati today. For free legal advice from one of our Texas wrongful death attorneys, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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