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

Pre-trial proceedings for nearly 25,000 Yaz and Yasmin lawsuits are underway in a federal courthouse in East St. Louis, Illinois.

Yaz and Yasmin lawsuits have been filed by women all over the United States, but all the cases will be handled by U.S. District Chief Judge David Herndon as a multidistrict litigation assignment.

Herndon will be presiding over the pretrial discovery. He may then hold “bellwether trials” that will serve as examples for courts in other districts around the country, says Herndon.

In multidistrict litigation (MDL), civil lawsuits making similar legal claims filed against a common defendant in different federal districts are moved to a single district for pre-trial matters, such as discovery and evidentiary rulings, in an effort to avoid duplicate fact-finding and inconsistent pretrial rulings.

The decision to hand the cases to Herndon was made by the Judicial Panel on Multidistrict Litigation in Washington D.C. The panel is made up of seven federal judges who are appointed by U.S. Supreme Court Chief Justice John Roberts.

The defendant in these lawsuits is Bayer Corp., the maker of the birth control pills Yaz and Yasmin. In the Yaz/Yasmin lawsuits, the plaintiffs are alleging that the drugs cause heart attacks, strokes, pulmonary embolism, gallbladder disease, cardiac arrhythmia, kidney failure and even sudden death.

Health risks associated with Yaz and Yasmin have been linked to the drugs’ use of a new type of progestin called drospirenone. This hormone, which is not used in other birth control pills, may increase potassium levels in the blood, leading to a condition known as hyperkalemia.

If you or someone you love has been injured by taking Yaz or Yasmin, contact Fears | Nachawati today to receive free legal advice.

For more on the Yaz/Yasmin pre-trial proceedings, click here for the article from the Belleville News-Democrat.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Winter weather conditions such as snow, sleet, ice and freezing rain all pose the risk of slip and fall accidents. Particularly in Texas, where pedestrians are less accustomed to traveling in snow and ice, we must take extra care when walking in winter weather conditions.

You can help prevent slip and fall accidents caused by snow and ice by following these safety tips:

• Remove the snow from the bottom of your shoes before entering a building.
• Slow down and take smaller steps.
• Be aware of the surface conditions where you’re walking and walk around, ran than through, patches of snow and ice when possible.
• Focus your attention on walking.
• Wear shoes with rubber soles that have good traction.
• Give yourself extra time to get where you’re going so you can walk more slowly.
• Avoid the temptation to walk with your hands in your pockets. You need your arms to restore your balance if you slip.
• Use handrails whenever possible.

Snow and ice are two of the most common causes of slip and fall accidents. Snowy and icy conditions can cause slick surfaces on sidewalks, stairs and parking lots that can pose a serious hazard to pedestrians. Ice and snow can also hide underlying defects in surfaces, such as cracks and potholes, that can lead to slip and fall accidents.

Slip and fall accidents account for 20,000 deaths and 300,000 serious injuries each year, so it’s wise to exercise caution whenever you’re out walking, but particularly when ice and snow are present.

If you or someone you love was injured in a slip and fall accident caused by an icy sidewalk, contact a Texas personal injury attorney to learn about your legal options.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Do laws that ban hand-held cell phones and texting while driving actually decrease car accidents? Common sense would suggest the answer is yes, but a new study by the Highway Loss Data Institute (HLDI) is calling that assumption into question.

The HLDI study, the results of which are expected to be released at a conference in Washington, D.C. on Friday, suggest that laws banning texting and the use of hand-held phones while driving do not result in a significant decrease in motor vehicle accidents.

The results of this study come on the heels of an announcement by Transportation Secretary Ray LaHood of new rules forbidding commercial truck and bus drivers from sending and receiving text messages while driving.

The Transportation Department criticized the HLDI findings in a statement released on Friday, saying “it is irresponsible to suggest that laws banning cell phone use while driving have zero effect on the number of crashes on our nation’s roadways.”

In the study, the HLDI analyzed data on monthly collision claims from four states that have banned the use of hand-held cell phones by drivers. The study looked at data from before and after the bans took effect in New York, Connecticut, California and Washington D.C.

According to the HLDI, a research institute funded by the car insurance industry, the data indicates that car accident rates didn’t change after the bans were put in place.

In a release, Adrian Lund, the president of the HLDI and the Insurance Institute for Highway Safety, stated “The laws aren't reducing crashes, even though we know that such laws have reduced hand-held phone use, and several studies have established that phoning while driving increases crash risk.”

In response to these findings, experts are suggesting that distracted driving in general, not cell phone use in particular, is the real danger.

The laws have been effective in getting drivers to switch to hands-free devices, but, some are suggesting, talking while driving, whether on a hand-held or hands-free device, is where the actual risk lies. It’s the distraction, not necessarily the cell phone per se, that causes car accidents.

Focusing on distracted driving, says Russ Rader, a spokesman for the Insurance Institute for Highway Safety, is not the same thing as focusing on distracted driving. “Distraction is what has always caused car crashes, and cell phones don’t appear to be adding to that,” says Rader.

Texas is among the many states that now has a partial ban on using hand-held cell phones while driving.

For more on the HLDI study, see this piece in the Wall Street Journal. Also, this article on CNET News offers further insight into the HLDI study and the issue of distracted driving.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Not necessarily. Whether a lawsuit must be filed in order for you to receive fair compensation for your injuries depends on many factors. Claims can be settled, and many, if not most, cases are settled before a lawsuit is ever filed. Even if a lawsuit is filed, it is common for the case to be settled before it actually goes to trial.

However, it is important that you allow enough time to pass before settling to ensure that your injuries are fully resolved. You don’t want to settle your personal injury claim too early only to find out months down the road that your injuries are more serious and will require more medical treatment than you first thought.

Only a competent and experienced personal injury attorney can evaluate your case and determine whether a lawsuit is warranted. To receive free legal advice about your accident and to learn about your legal options, contact the Texas personal injury attorneys of Fears | Nachawati today.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

As spring approaches, we’ll be looking at more and more wet weekends in the Dallas and Fort Worth areas. Driving in the rain can be nerve-wracking even for experienced motorists, particularly in busy metropolitan areas such as Fort Worth and Dallas. To help you stay safe on the roads and avoid accidents, we’ve put together this list of tips for driving in the rain:

1. Slow down: Keep in mind that speed limits are set for ideal driving conditions. It takes longer to stop when roads are wet, so adjust your speed accordingly.
2. Keep your distance: Increase the distance between your car and the vehicle ahead of you.
3. Stay back: Don’t follow large vehicles, such as 18-wheelers or busses, too closely. Their tires create a large spray that could reduce your vision.
4. Stay alert: While we should always give driving our complete attention while behind the wheel, we must remain even more alert when driving in the rain.
5. Turn on your headlights: Even in light rain, turn your headlights on so other cars can see you better.
6. Check your wipers: Before you head out to drive in the rain, be sure your wipers are in good working condition. If you know the forecast is calling for rainy weather, be proactive and replace old or brittle wiper blades.
7. Allow yourself more travel time: Leave earlier than you normally would for your appointments to avoid the temptation to rush or speed.
8. Check your tire pressure: Low tire pressure is one of the leading causes of skidding and hydroplaning.
9. Drive in the middle lanes: In general, water tends to pool on either side of the road, so stay in the middle lane when possible where there are fewer puddle collections to reduce your chances of hydroplaning.
10. Don’t use cruise control: Maintain complete control over your vehicle when driving in the rain. A split second could mean the difference between safe driving and a car accident. Also, if you hydroplane, cruise control could actually cause your vehicle to accelerate.
11. Pull over: If the rainfall becomes so heavy that you can no longer see the vehicle in front of you, pull off the road to a safe location until rain lets up and visibility improves.
12. Avoid moving water: As a rule of thumb, don’t drive through moving water unless you can see the ground. The force of the water could sweep your car off the road.
13. Avoid pools of standing water: What appears to be a shallow puddle could actually be hiding a deep pothole. If possible, drive around pools of water.
14. Watch out for debris: Rain can wash debris such as tree limbs or leaves onto the road. It’s important that you keep your eyes on the road at all times.
15. Defog your windows: The moisture from rain can quickly cause your windows to fog. Using your defroster with your air conditioner will keep the air in your car dry.
16. Stay informed: Before heading out, check weather and traffic reports so you can avoid areas with congestion or flooding.

By following these safety tips and using common sense, Texas drivers can stay accident-free while driving in the rain and other inclement weather.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The roads are a far more dangerous place for motorcyclists than for those in cars. A road condition that might have little effect on a car could be a serious hazard for a motorcyclist. As a motorcyclist, here are some potential dangers you should be on the lookout for while on the road:

Rough road: Roads can be rough and bumpy because of construction work or lack of repair. Unexpectedly hitting a bump in the road can throw you from your bike.

Slick surfaces: Motorcycles are less stable than cars, making slippery surfaces a far greater danger. While ice and oil are obvious dangers, you should also be on the lookout for less obvious but still potentially hazardous types of debris such as leaves. Even painted surfaces, such as crosswalks, can cause the road to be slippery.

Objects in the road: Watch out for foreign objects in the road, such as parts that have come off of a car or cargo that has fallen from a truck.

Gravel on the road: Gravel on pavement is particularly dangerous when cornering. Gravel can keep your bike from riding smoothly, and it can also fly up and strike you in the face, legs or arms.

Railroad tracks: The wheels of a motorcycle can get stuck in railway tracks. Also, the metal or wood from which the tracks are made can be slippery when wet, so use extra caution when crossing railroad tracks in inclement weather.

Edge breaks: Edge breaks are when two lanes of traffic are different heights. While edge breaks are typically not a problem for cars, they can be a serious danger to a motorcyclist, particularly one traveling at a high rate of speed on a freeway.

Expansion joints and open bridge joints: These connecting pieces create uneven surfaces that can be difficult for a motorcyclist to navigate.

If you have been injured in a motorcycle accident, you should see the immediate advice of a Texas personal injury attorney.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Clients often wonder how courts calculate pain and suffering. With damages such as medical expenses, you have bills to show how much you have lost as a result of your injury. With pain and suffering, on the other hand, the court will have to take into account a variety of factors to place a dollar value on your losses.

The court starts by examining your injuries. It will consider issues such as how serious the injury is, how long it will take you to fully recover and what was involved in the treatment process. For example, you will receive more money if your recovery takes years rather than months or if you had to undergo a particularly painful treatment.

Next the court will consider how the injury has affected your life. Are you able to perform normal day-to-day activities such as dressing yourself, preparing meals and cleaning your house? The court will also consider the extent to which you injury has affected your ability to enjoy your life. For instance, can you participate in your favorite hobbies? Are you able to have relations with your spouse?

Then the court will consider the emotional aspects of your injury. Are you suffering mentally or emotionally as a result of the accident? For example, are you experiencing anxiety or depression because of the accident?

Last the court looks to the future and considers if and how the injury will continue to affect you for the rest of your life. For instance, do you have a permanent disability or a disfigurement? Will you continue to have to undergo medical treatment or rehabilitation?

There is no simple mathematical formula that courts use to calculate pain and suffering. As you can see, placing a dollar value on pain and suffering is a highly individualized process that takes into account many factors that are unique to you and your situation.

A qualified Texas personal injury attorney will be able to draw on their professional knowledge and experience with similar cases to estimate the likely amount you will receive for pain and suffering.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A settlement has been reached in a wrongful death lawsuit that requires a Texas county jail to make changes to its policies.

n Tuesday a settlement was reached between Potter County and a Texas family in the wrongful death lawsuit brought over the death of an inmate. Potter County will pay the family $400,000 and must make specific revisions to its policies relating to mentally and physically ill inmates.

The lawsuit was brought by the family of deceased inmate Michael Dick. In their wrongful death suit, Dick’s parents alleged that Potter County jail staff members ignored signs of Dick’s physical distress, ultimately causing his death.

We detailed the Dick family’s wrongful death lawsuit in a July blog post.

In the settlement, Potter County admitted no wrongdoing, but did agree to make the following modifications to its jail policies:

• All officers must now undergo crisis intervention training for those with mental illnesses.
• Lines of communication between jailers and mental health caretakers and medical workers will be improved.
• Cell checks will now be electronically recorded and verified.

For more on this story, click here for the complete article from the Amarillo Globe-News.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The federal government formally banned truckers and commercial bus drivers from texting while driving on Tuesday.

The announcement was made by Transportation Secretary Ray LaHood. LaHood calls the ban a “strong message,” adding “We don’t merely expect you to share the road responsibly with other travelers – we require you to do so.”

After Tuesday’s announcement, even reading a text message while driving will be a federal safety offense. Violating the ban could put a commercial driver at risk of losing their authority to operate their vehicle and could net them a fine up to $2,750 for each offense.

The new rules also prohibit reading while driving, but do not place a ban on talking on cellphones will driving or talking on dispatching devices.

Tuesday’s announcement comes on the heels of a similar ban imposed last month when President Obama ordered approximately 3 million federal workers to keep off their cellphones while behind the wheel.

Texas currently has a number of laws against texting while driving, including a ban on texting by school bus drivers, by drivers under the age of 18 and by drivers in a school zone or those who are transporting a child.

Jennifer Smith, a Texas native and founder of FocusDriven, a nonprofit organization dedicated to campaigning for bans on texting and talking on cellphones while driving, has gone on the record to express her satisfaction with the latest texting ban.

Says smith, “This shows that the federal government is taking this seriously. The dangers exist, and there need to be safety measures involved.”

According to the press secretary for the U.S. Department of Transportation, more comprehensive rules, include a ban on texting by school bus drivers, will follow in the months to come.

The Dallas Morning News published a piece on the new ban, including a look at how it will affect Texas.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

No two cases are exactly alike. The amount of time it will take to settle your personal injury lawsuit depends on many factors, such as the nature of your injuries, the number of defendants involved and the complexity of your case.

The important thing to remember is that you don’t want to make the mistake of settling too early. It is important that you allow enough time to pass so that you and your attorney will know the full extent of your injuries. Only after a final medical report has been issued can you move forward with the certainty that you will be fully compensated for your injuries.

That is one reason why it is so important that you speak with a Texas personal injury lawyer before you sign any release. The insurance company may try to rush you into an early settlement in an attempt to settle for an amount of money that is less than what your claim is worth.

A Texas personal injury attorney will negotiate on your behalf to ensure that the final settlement offer is fair. If no settlement agreement can be reached, your attorney will take your case to trial to get you the compensation you deserve.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

USA Today offers up an interesting opinion piece on laws that ban texting while driving. Texting in and of itself, the piece points out, is not a bad thing. In fact, texting has even saved lives, such as in the case of the Texas kidnapping victim who sent a text message from the trunk of his car that ultimately saved his life.

It’s where and when the texting occurs that presents a problem. Distracted driving accounts for nearly 6,000 deaths each year, according to National Highway Traffic Safety Administration data cited by the article.

Texting while driving, the piece notes, is not the only form of distracted driving. Distracted driving also includes things like eating while driving or talking on a cell phone. Texting, however, poses an even more serious risk because it requires the driver to take their eyes off the road.

The columnist contends that it will take a combination of education and awareness as well as laws to effect real change. The piece mentions FocusDriven, the nonprofit organization started by a Texas woman that we spotlighted in a recent blog post.

The column ends with an interesting tidbit – distracted driving was selected by Webster’s dictionary as its word of the year for 2009. We echo the columnist’s sentiments in hoping that 2010 is the year that paying attention to the road while driving makes a comeback.

If you have lost a loved one in a car accident caused by a distracted driver, contact Fears | Nachawati today to receive free legal advice from a Texas personal injury attorney.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

No. Whether or not you can bring a wrongful death lawsuit depends on your relationship to the victim. Each state has its own laws that outlines the categories of people who can bring a wrongful death lawsuit. In Texas, the law limits the people who can bring a wrongful death lawsuit to the deceased’s surviving spouse, children and parents.

If you have lost a loved one in an accident, contact a Texas wrongful death lawyer to learn more about your legal rights.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Gallbladder disease is a potential – and serious – side effect of Yaz and Yasmin birth control. Gallbladder disease includes infection, stones, inflammation or obstruction of the gallbladder. Women from all over the United States are seeking the counsel of Yaz and Yasmin lawyers after developing gallbladder disease as a result of taking these birth control pills.

The function of the gallbladder, which is located under the liver, is to store and concentrate the bile produced by the liver. This bile helps your body digest fats and is released from the gallbladder into the upper small intestine. Gallbladder disease is a result of a condition that slows or obstructs the flow of bile out of the gallbladder.

Symptoms of gallbladder disease include:

• Fever
• Heartburn
• Nausea
• Vomiting
• Chest pain
• Chills
• Shaking
• Abdominal pain

If you have developed gallbladder disease as a result of taking Yaz, Yasmin or Ocella, you should seek the immediate advice of a Yaz/Yasmin lawyer. A Yaz lawyer can advise you on your legal rights and help you understand your options, including bringing a Yaz or Yasmin lawsuit.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Much is said on the dangers of talking on a cellphone while driving, but what about using a cellphone while walking? A study conducted by researchers at Western Washington University suggests that cellphone use by pedestrians could pose a serious risk.

Researchers theorized that pedestrians talking on cellphones fall victim to what they call “inattentional blindness.” That is, they are completely oblivious to the events around them. While they may be looking at their surroundings, none of it is registering.

To test this theory, researchers brought in a clown riding a unicycle. The clown, a student named Dustin Randall, wore an outrageous polka dot costume complete with a red nose and pedaled his unicycle around a popular square on the university’s campus. After pedestrians crossed the square, researchers would stop them and ask if they noticed anything unusual.

The results were shocking: among pedestrians who were talking on cellphones only 8 percent spontaneously remembered the clown. Even when asked if they noticed the unicycling clown, only 25 percent of those on cellphones could recall him.  

While the study seems comical at first blush, the upshot is anything but funny. It shows that pedestrians talking on cellphones are acutely unaware of their surroundings. This lack of awareness could lead to serious accidents, especially when walking near motor vehicles.

For more on this study, click here for the complete article.

If you have been injured in a pedestrian accident, you should seek the immediate advice of an experienced Texas personal injury attorney.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Toyota Motor Corp. announced Thursday that it is recalling 2.3 million vehicles due to a problem with their gas pedals.

According to Toyota, there are mechanical problems with the accelerator pedals that can cause them to become stuck. The recall affects eight models, including recent versions of the Camry, Tundra, Corolla and RAV4.

This latest recall comes mere months after Toyota recalled more than 4 million vehicles due to a gas pedal that could get trapped under the floor mats and cause sudden acceleration. That particular gas pedal problem was the cause of several fatal car accidents.

The problem at the center of the latest recall has nothing to do with floor mats. In certain rare cases, said Toyota, the gas pedal mechanism wears down, which makes the accelerator harder to press and slower to return and, in some cases, it becomes stuck.

The National Highway Traffic Safety Administration calls the problem a “serious safety issue.”

A spokesperson for Toyota says the company is unaware of any car accidents or injuries caused by the gas pedal problem associated with this most recent recall.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

If you have been injured in an accident, you need an experienced and qualified personal injury attorney on your side.Your personal injury attorney will act as your advocate, ensuring that you are treated fairly and that your best interests are represented at all times.

Here are some of the ways that a Texas personal injury lawyer can help you in processing your accident claim:

1. Evaluate your injuries and claim to ensure that you are getting a fair settlement.
2. Investigate the accident to determine exactly who was at fault.
3. Negotiate with the insurance company on your behalf.
4. Recommend physicians for treatment for your injuries.
5. Complete all of the paperwork and forms associated with your claim.
6. Represent you during the deposition.
7. Represent you in courtroom proceedings if the case goes to trial.
8. Interview witnesses.
9. Provide expert witnesses.
10. Take the burden off of your shoulders so you can focus on healing and getting back to your normal daily routine.

Contact Fears | Nachawati today for free legal advice and to learn more about the ways a Texas personal injury attorney can help you.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

You’re walking down the street when a crack in the sidewalk causes you to trip and fall. You’re browsing the aisles at your local grocery store when water on the floor causes you to slip and fall. These are both examples of the types of hazardous conditions that can cause what’s known in legal terms as a “slip and fall” injury.

Any number of dangerous conditions can cause a slip and fall injury, but there are certain common causes that Texas personal injury lawyers regularly encounter. These include:

• Slippery substances, such as grease or ice
• Lack of lighting
• Poor lighting
• Lack of handrails on stairways
• Uneven walking surfaces
• Cracked walking surfaces
• Holes in walking surfaces
• Loose tiles

If you have been injured after a slip and fall accident caused by a dangerous condition on someone else’s property, it is in your best interest to seek the counsel of an experienced Texas personal injury attorney.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Pedestrians always have the right of way, right? Not quite. Pedestrians actually only have the right of way in crosswalks. This myth is a dangerous one, as it can cause pedestrians to let their guard down and assume that motor vehicles will yield to them.

Pedestrians should remain aware of their surroundings and take responsibility for their own safety. To stay safe as a pedestrian, follow these tips:

• Always walk on the side walk if one is present.
• Look both ways before crossing the street.
• Cross at pedestrian crosswalks or at intersections.
• At controlled intersections, only cross when you have the pedestrian crossing signal. Even then, be aware of vehicles that may have a green light to turn.
• Walk facing oncoming traffic. Facing oncoming traffic allows you to see the traffic approaching you and increases your visibility.
• During the day, wear bright colored clothing when walking. At night, wear light-colored clothing. A reflective vest is your best bet for safety when you walk at night.
• Remain aware of your surroundings. This means you should not talk on your cell phone when walking or drown out all noise with your iPod.
• Walk on paths frequently used by other walkers and joggers.

Even if you exercise caution and good judgment when walking, pedestrian accidents can still happen. If you have been injured in a pedestrian accident, you should seek the immediate advice of a Texas personal injury attorney.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

If you have been injured in a car accident, do not sign any form authorizing the release of your medical records to the other driver’s car insurance company. Your medical records contain personal and confidential information, some of which may be entirely unrelated to your accident.

The doctor/patient relationship is a private one, and your physician cannot disclose any of your medical information without your permission. Therefore, the only way the other driver’s insurance company can obtain your medical records is by having you sign a release form.

The better approach is for you to obtain a copy of the relevant records (the ones related to the accident) and provide the insurance company with those copies rather than signing a general release.

Along with the copies of the records, include a letter stating that you are only releasing the records that are relevant to the accident and that you are releasing them for the limited purpose of settling the claim.

If you hire a Texas personal injury lawyer, they can deal with the insurance company on your behalf. You will not have to worry about what you should and should not give to the other driver’s insurance company because your Texas personal injury attorney will be there to ensure that your legal rights are protected and your best interests are represented at all times.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Accidents of any kind, whether it’s a slip and fall or a motor vehicle collision, can be traumatic experiences. It is only natural that you would want to resolve the issue as quickly as possible.

Accepting a quick settlement offer from an insurance company, however, could cost you big time. An injury that may seem “minor” at first could turn out to be very serious in the months to come. But if you’ve already settled your claim for a small amount of money, then there is nothing you can do – you simply have to pay for the additional medical expenses yourself.

The wiser course of action is to wait and see how your injuries are going to affect you before you agree to any settlement. Only then will you know how much your claim is actually worth. An experienced Texas personal injury attorney can advise you on the appropriate amount of time to wait in order to evaluate the full extent of your injuries.

Insurance companies try to settle claims quickly because it is to their advantage to do so. The sooner the insurance company gets you to settle, the less they’ll have to pay because they won’t have to compensate you for medical treatments you receive after the settlement has been reached. Plus, your damages for pain and suffering will be less the earlier you settle.

Remember, you cannot go back and “reopen” a settlement claim. When you cash that settlement check, you are agreeing to release the insurance company from any further claims related to your accident. In lawyer speak, “you only get one bite at the apple.”

Before accepting any offer from an insurance company, it is in your best interest to speak with a Texas personal injury attorney who can evaluate your claim and determine whether the offer is fair.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A Texas woman is leading the charge in a campaign to ban texting and talking on cell phones while driving.

Jennifer Smith, from Grapevine, Texas, founded “FocusDriven,” an organization whose mission is to raise awareness about the dangers of distracted driving. Specifically, FocusDriven is dedicated to getting legislation passed that will ban talking on cell phones and texting while operating a motor vehicle.

FocusDriven is the first national nonprofit organization devoted specifically to raising awareness about the dangers of distracted driving.

Smith lost her mother in a car accident caused by a man who ran a red light while talking on a cell phone. Ever since her mother’s car accident death, this Texas native has been actively raising awareness about the dangers of using a cell phone while driving.

In fact, Smith even brought a lawsuit against Sprint Nextel over her mother’s death, claiming the company did not do enough to warn consumers about the hazards of talking on a cell phone while driving.

The statistics certainly back up FocusDriven’s message about the dangers of distracted driving. In 2008, 6,000 deaths in the United States were attributed to distracted driving. Of the 1.4 million car crashes that took place in 2008, a staggering 200,000 were attributed to drivers who were texting while driving.

Texas in particular has been singled out by Advocates for Highway and Auto Safety for its gaps in highway safety laws.

If you have lost a loved one in a car accident caused by a distracted driver, contact a Texas personal injury attorney to learn about your legal rights and options.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

More than 24,000 vehicles are being recalled by Chrysler after a defect that could result in brake failure was discovered.

Chrysler Group LLC is recalling a total of 24,177 vehicles after a routine quality inspection revealed that some of the vehicles were built with improperly formed brake booster push rod retaining clips or with no clip at all.

According to Chrsyler, the defect could “result in brake failure without warning which could cause a crash.”

Included in the recall are nearly 17,000 Dodge Ram pick-up trucks from the model years 2009 and 2010. Also included are the 2010 models of the Dodge Avenger, Dodge Nitro, Chrysler Sebring, Jeep Grand Cherokee, Jeep Commander and Jeep Liberty.

Chrysler says there have been no owner complaints or reports of car accidents or injuries.

The missing or faulty clips will be replaced for free by Chrysler.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

“Slip and fall” is a term used by lawyers to describe any accident that involves tripping or slipping because of a dangerous or hazardous condition on someone else’s property. If you have been injured in a slip and fall accident, there are certain steps you should take to help ensure that you receive full and fair compensation for your injuries.

Report the accident: Notify the owner of the property as soon as possible. Be sure to get a copy of the accident report. If the accident occurred on a residential property, notify the owner of the property both verbally and in writing.

Seek medical attention: Seek immediate treatment for your injuries. Records of a doctor’s evaluation of your injuries is critical to proving your case.

Keep records of the medical attention you receive: Save all documentation of the treatment you receive for the injuries suffered in your slip and fall accident.

Make a written record of the incident: While the incident is still fresh in your mind, write out a detailed account of your fall. Include information such as a description of the location where the accident occurred, the names and contact information of witnesses and any statements made by the owner of the property.

Take pictures: If possible, take photographs of the location where the fall occurred. Take pictures showing the scene of the accident from several angles. You should also take pictures of your injuries.

Get contact information for witnesses: Be sure to obtain the names and contact information of anyone who witnessed your slip and fall.

Contact a Texas personal injury attorney: Last but certainly not least, you should seek the immediate advice of an experienced Texas personal injury lawyer. A lawyer will be able to evaluate your case and determine whether you have a good claim. A lawyer can also help you understand your legal rights and explain your options.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In 1997, Texas repealed its mandatory motorcycle helmet. A new study begs the question: Did Texas make a deadly mistake?

According to a study published in the January edition of the Southern Medical Journal, overall motorcycle deaths increased by 30% in Texas after the state changed its mandatory helmet law.

Al Vabon, a University of Arkansas professor and co-author of the study believes the study shows that repealing the law was bad public policy. According to Vabon, motorcyclists who aren’t wearing helmets are having an overall negative effect on highway safety in Texas.

Mandatory helmet laws were common fixtures during the period when the federal government reduced transportation funding for states without such laws. Once the federal policy changed, Texas was one of the first states to repeal its mandatory helmet.

After the mandatory helmet law was repealed, helmet use by motorcycle riders decreased to 36%.

The study used data on Texas motorcycle fatalities from the period of 1994 to 2004 to analyze trends before and after the helmet law was changed.

A month-by-month breakdown indicated a sudden increase in fatal motorcycle accidents that coincides with the exact month the helmet law was repealed.

The chairman of the Texas Motorcycle Rights Association refutes the study by pointing to preliminary Texas DOT numbers that indicate a decrease in fatalities in 2009. He believes that accident prevention – not helmets – is what really saves lives.

The apparent decrease in motorcycle fatalities in 2009 may be misleading if taken at face value, however. Gonzalo Ponce, program manager of the Texas DOT’s traffic safety section, attributes the decline in fatalities to a decreased ridership due to the poor economy.

For more on this fatal motorcycle accident study, click here for the complete article.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In order to ensure that you get fair compensation for your injuries and losses, it is important that you document the facts surrounding your car accident. Here are the most important pieces of information you should obtain after you have been in a car accident:

1. Contact information for the other driver or drivers involved in the car accident including: name, address, telephone number and driver’s license number.
2. Name of the other driver’s insurance company as well as their policy number and contact information for the insurance company.
3. Contact information, including names and addresses, of any passengers in the other car(s) involved in the accident.
4. Make a written record of any statements made by the other driver(s), such as “I’m sorry. This was all my fault.”
5. The time the accident occurred.
6. The precise location where the accident occurred, including street names, landmarks and addresses.
7. The weather conditions at the time of the accident, such as fog or rain.
8. The name and badge number of the police officer(s) who responded to the accident.
9. Take pictures of the damage to your vehicle and make a written record of the damage as well.

If you have been seriously injured in a car accident, one of the first things you should is contact a Texas personal injury lawyer for legal assistance. An experienced Texas personal injury attorney will help you understand your rights and explain your options so you can make the best decision about how to proceed with your accident claim.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A good Texas personal injury attorney will make themselves available to answer your questions and listen to your concerns. Your attorney should promptly respond to your inquiries and be on time to your meetings. The best Texas personal injury lawyers are also open and honest with their clients. You should expect to be treated with respect and kept up-to-date on the status of your case.

If you are unhappy with your current Texas personal injury attorney for any reason, you have the right to change lawyers. Your client/attorney relationship is a voluntary one, and you as the client can exit the relationship at any time.

At Fears | Nachawati, we are dedicated to providing our clients with the highest quality of legal representation. We work for you, and we will always be available to answer your questions and respond to your concerns. As someone who has been injured in an accident, you deserve a Texas personal injury attorney who will work hard to ensure you get full and fair compensation for your injuries.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The answer to this question depends on a law called the statute of limitations. A statute of limitations is a law that limits the amount of time in which you have to bring a personal injury lawsuit.

In Texas, the statute of limitations on bringing a personal injury lawsuit is two years. If you don’t bring your legal claim within two years of the date of your car accident (with certain exceptions), then you will be barred from ever bringing that claim.

What all this means is that you should hire a Texas personal injury lawyer as soon as possible after your car accident. By waiting too long to seek the advice of an attorney, you could lose your right to file a lawsuit – which means you lose your ability to seek compensation for your injuries.

To ensure that you preserve your legal rights, it is critical that you seek the immediate advice of an experienced Texas personal injury lawyer. While you may have two years within which to file your lawsuit, you should not delay in seeking the council of a qualified attorney.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

If you file a Texas personal injury lawsuit, the defendant’s lawyer will likely “depose” you. A deposition is the process by which the defendant’s lawyer asks you questions about the accident in order to gather facts about the case.

Before the questioning begins, you will be put under oath whereby you will swear to tell the truth in answering the questions. Your answers to the questions will be recorded by a court reporter. Sometimes depositions are recorded on an audio tape or by a video recorder.

If your Texas personal injury lawsuit goes to trial, the testimony you give in court will be compared to the answers you gave during your deposition. If there are any inconsistencies or discrepancies between the two, the defendant’s lawyer will ask you about them.

Depositions are a form of discovery. Discovery is a legal term that encompasses all of the various ways that lawyers gather facts and evidence in preparation for a lawsuit.

You have the right to have your lawyer present at the deposition. Your lawyer will be there to ensure that your best interests are represented and will spend time preparing you for the questions you can expect to be asked.

Your lawyer also has the right to object to questions that are improper, misleading, irrelevant or vague. The defendant cannot use the deposition process to harass you, and your lawyer will make sure that this does not happen.

Hiring an experienced Texas personal injury lawyer is the best way to ensure that your rights are protected during a deposition.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Most Texas personal injury lawsuits are based on a claim of negligence. When a person is negligent that means they failed to exercise the care that a reasonable person would under the same circumstances.

A person who is negligent did not intend to cause harm, but they are still held legally responsible because their careless actions injured someone.

With an intentional tort, by contrast, there was an intent to cause harm. The defendant knowingly and purposefully committed an act that resulted in an injury to the plaintiff.

Intentional torts include things like assault and battery, libel, intentional infliction of emotional distress, slander and false imprisonment. It is often, but not always, the case that an intentional tort is also a criminal act.

To illustrate the difference between negligence and an intentional tort, let’s look at an example with two different scenarios. The plaintiff is a woman named Sally, and in both cases, she is suing because of a broken wrist.

Scenario #1: Sally is walking down the aisle of ABC Grocery store when she slips and falls on a puddle of water. The owner of the store was negligent for not cleaning up the spill. Even though the store owner did not intend for Sally to get hurt, he is still liable for her broken wrist because his negligence lead to her injury.

Scenario #2: Sally is walking to her car when she is assaulted by a man who wants to steal her purse. The assailant shoves her to the ground, and she breaks her wrist as a result of the attack. The police later catch the assailant, and Sally sues him for her injuries.

In both cases the end result is the same – Sally winds up with a broken wrist. Both defendants can be held liable for Sally’s injuries, but for different reasons. The store owner is liable because he failed to clean up the spilled water, which a reasonable person would have done. The assaulter is liable because they intentionally caused harm to Sally by shoving her.

Whether your case is one of negligence or one based on an intentional tort, a Texas personal injury lawyer can help you get full and fair compensation for your injuries. If you have been injured due to someone else’s actions, whether negligent or intentional, contact a Texas personal injury lawyer today.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

It depends. Many, if not most, cases are settled before they go to trial. A settlement is an agreement reached between you and the defendant wherein the defendant agrees to pay you a specified sum of money and you the plaintiff, in turn, agree not to pursue any further legal action against them. If your case is settled, then there will be no need for you to go to court.

If a settlement cannot be reached, however, you will have to go to court and testify. Your Texas personal injury attorney will be there with you every step of the way and will prepare you for the questions you can expect to be asked during your testimony.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

In the context of a personal injury lawsuit, the term “liable” means that an individual, company or some other legal entity has been deemed responsible for your injuries in a court of law. The determination of whether someone is liable for your injuries can be made either by a judge or a jury, depending on the nature of the trial.

If the defendant in a Texas personal injury lawsuit is found liable for your injuries, then that person is typically required to pay you a specific amount of money as compensation for your damages, such as medical bills, lost wages and pain and suffering.

Sometimes people confuse the term “liable” with the term “guilty.” Guilty is a term used only in criminal cases, and it means that a court of law has determined that the defendant did commit the offense of which they are accused.

If you were hurt in an accident and believe that someone else may be liable for your injuries, contact the law firm of Fears | Nachawati today for free legal assistance. To speak with one of our experienced Texas personal injury lawyers, simply email us or phone us toll free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A 72-year-old man well-known to Tarrant County residents was killed in a pedestrian accident early Monday morning.

The victim, Leslie Scribner, was regularly seen around Grapevine pulling a toy cart filled with stuffed animals.

Scribner died after being struck by a car while he was crossing Texas 26. The accident occurred near the highway’s intersection with Mustang Drive, but Scribner didn’t cross at the intersection and investigators are unsure why.

A man in his 40s was driving the gold Infiniti FX35 that struck Scribner. Police say the man has been cooperative, and they don’t expect to file any charges against him.

To read more on this Texas pedestrian accident, click here for the complete article.

If you or someone you love has been hurt in a pedestrian accident, contact the Texas personal injury lawyers of Fears | Nachawati today. To receive free legal assistance, email us or phone us toll free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

When an accident victim’s injuries interfere with their marriage, that victim’s spouse is suffering from “loss of consortium.” You can make a claim for loss of consortium along with the other claims you bring in your Texas personal injury lawsuit.

Loss of consortium is the legal term for the negative effect that injuries suffered in an accident, whether mental or physical, can have on a relationship. When one spouse is injured in an accident, the non-injured spouse can suffer too because they lose some of the care, affection, support, sexual relations, love and companionship they enjoyed before the accident.

Note that loss of consortium is not limited to the loss of sexual relations, however. Loss of consortium is a much broader concept that includes the loss of love, affection, moral support and even household services. Loss of consortium is the court’s recognition of the fact that a victim’s injuries have disrupted their marriage in a meaningful way.

If your spouse has been injured in an accident, contact Fears | Nachawati today for free advice on your legal rights. To learn more about loss of consortium and Texas personal injury lawsuits, email us or phone us toll free at 1.866.705.7584 for a no-charge legal consultation

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

A Dallas man was killed in a Plano car accident early Saturday morning.

The victim was 33-year-old Albil C. Bernal. According to witnesses, Bernal ran a red light at the intersection of West Park Boulevard and Custer Road. His pickup truck then struck a Hyundai sport utility vehicle.

As a result of the accident, Bernal was pinned underneath his truck. He died at the scene.

The driver of the Hyundai suffered non-life threatening injuries and was taken to a local hospital for treatment.

The cause of the accident remains under investigation.

Click here to read more about this Plano, Texas, car accident.

If you or someone you love has been injured in a car accident, contact the Texas personal injury lawyers of Fears | Nachawati. Email us or phone us toll free at 1.866.705.7584 today for free legal assistance.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Under Texas law, motorists are required to yield to pedestrians in crosswalks. However, not all motorists exercise due caution when driving in areas where people are walking. Thousands of pedestrians are injured every year by negligent drivers.

Injuries suffered in a pedestrian accident can be catastrophic. Pedestrians are the most vulnerable of all people who share the roadways with motor vehicles. A person’s body is simply no match for the speed and size of a car. Pedestrians have no protection from motor vehicles and are completely at the mercy of the drivers on the roadways where they are walking.

A pedestrian can easily be thrown or dragged when struck by a motor vehicle. Pedestrian accidents can result in life-altering injuries such as spinal cord injuries, traumatic brain injuries and even paralysis.

If you were injured in a Texas pedestrian accident, it is critical that you know your legal rights. An experienced Texas personal injury lawyer can assess your case and determine whether you have grounds for bringing a lawsuit against the driver who caused your injuries.

For free legal advice on pedestrian accidents, contact the Texas personal injury law firm of Fears | Nachawati today. To receive your free legal assistance, simply email us or phone us toll free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A Texas man was killed Friday night when he lost control of his pickup truck and his vehicle flipped into oncoming traffic.

The victim was 52-year-old Charles McAfee of Fort Worth.

McAfee was traveling northbound on U.S. Highway 287 near Turner Warnell Road shortly after 11:00 p.m. For reasons that are unclear at this time, his truck crossed the median and flipped into the lanes of southbound traffic.

McAfee was found lying in the road when officers arrived on the scene. Police believe he was ejected from his vehicle during the accident.

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

Fears | Nachawati is a Texas personal injury law firm that represents car accident victims in bringing legal claims. To receive free legal advice from a Texas personal injury lawyer, email us or phone us toll free at 1.866.705.7584 today.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Exemplary damages are often referred to as punitive damages. These are damages awarded to a plaintiff in a lawsuit when the defendant’s actions were malicious, willful or reckless.

Exemplary damages are in excess of the plaintiff’s actual losses. Rather than compensation, exemplary damages are intended to serve as a punishment and to make a public example of the defendant to warn others against engaging in the same type of conduct.

Fears | Nachawati is a Texas personal injury law firm. To receive free legal assistance from a Texas personal injury attorney, email us today or phone us toll free at 1.866.705.7584.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

A lawsuit has been filed after a drunk driver smashed his truck into a deli, causing patrons to be hit by flying debris and falling equipment. One of the patrons, a Texas man who lost one of his eyes in the accident, has filed a lawsuit against both the driver of the truck as well as the owner of the deli.

Russell January suffered his eye injury when a meat slicer fell on his head. January and his wife have filed a lawsuit against Rodney Eddie, the intoxicated truck driver, and Gonzuela Williams, the owner of Durham’s Meat Market.

The accident took place on November 14^th at around 5:30 p.m. January was eating at Durham’s Meat Market at the time, which is located in Port Arthur, Texas.

While January was in the deli, Eddie drove his pickup truck into the store, breaking through the wall and hitting several fixtures.

January was struck by a meat slicer, which, according to the lawsuit, caused not only the loss of his eye but also damage to his brain, a fractured skull and a fractured jaw.

In the lawsuit, January is seeking damages for medical costs, lost wages, lost earning capacity, pain and suffering, mental anguish, disfigurement and physical impairment.

January is joined in his lawsuit by his wife who is seeking damages for loss of comfort, solace, care, love and affection because of the accident.

The lawsuit blames Eddie for driving while intoxicated, driving too fast and failing to stay in his lane.

Williams is accused of negligence for having an unreasonably dangerous place of business because of the placement of heavy fixtures. The lawsuit further accuses Williams of failure to provide a barrier to protect his patrons from motor vehicles when it was foreseeable that a vehicle might jump the curb and strike the building.

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

If you have been injured in an 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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A total of six people were injured in a three-vehicle accident early Tuesday in Fort Worth, Texas. The accident took place at around 8 a.m. on West Bailey Boswell Road, about a quarter of a mile east of Boswell High School.

Those injured in the accident include one adult, four teenagers and an 11-year-old girl.

According to investigators, two vehicles – a black Corvette and a silver Mercury – were traveling westbound on West Bailey Boswell Road. The Corvette was in the left lane, and the Mercury was in the right lane.

The driver of the Mercury changed lanes to the left, causing the Corvette to take evasive action and cross the center lane of traffic. The Corvette was struck on the passenger side by a gray Honda that was traveling on eastbound West Bailey Boswell.

As all this was happening, the driver of the Mercury overcorrected and drove off the roadway, crashing into a brick wall.

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

To receive free legal advice about Texas car accident claims, contact the personal injury law firm of Fears | Nachawati. Simply email us or phone us toll free at 1.866.705.7584 to speak with a Texas personal injury attorney at no charge.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A 12-year-old boy was killed in a four-car accident Tuesday in Flower Mound, Texas. The accident took place on U.S. 377 at around 4:00 p.m. where the highway intersects with Stone Crest Road.

The chain reaction accident started when a car rear-ended a pickup truck that was waiting to turn left off the highway. The truck was then pushed into oncoming traffic. An approaching driver lost control of their vehicle while attempting to avoid the truck, striking a fourth vehicle.

The child was a passenger in the car that lost control. He died at the scene of the accident. Two others were injured and taken to area hospitals.

U.S. 377 was shut down for more than three hours while investigators worked the scene.

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

Have you or someone you love been injured in a car accident? Then contact the Texas personal injury lawyers of Fears | Nachawati. To receive free legal advice about your car accident claim, email us or phone us toll free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Accident victims are sometimes nervous about meeting with a personal injury lawyer for the first time. For many accident victims, their personal injury lawsuit will be their first experience with the legal process.

To help you get the most out of your initial consultation, Fears | Nachawati has put together this list of documents that you should bring to your first meeting with your Texas personal injury lawyer.

The items on this list will help your personal injury attorney evaluate your case and determine whether you have a viable claim and how much compensation you are likely to receive.

Here are the most important types of information for you to bring to your initial consultation with your Texas personal injury attorney:

A written account of the accident: Write out a detailed narrative of how the accident occurred, including the events preceding and following the incident. Include as many details as possible. Your attorney will be able to determine which details are relevant to your claim.

Contact information for the person(s) who caused the accident: Take along a list of all the contact information you have for the person or people responsible for the accident, including their name, phone number, address, driver’s license number and insurance information, if applicable.

Contact information for witnesses: Make a list of the people who witnessed your accident, include as much contact information you have as well as a brief description of what you believe each witness saw.

Photographs: Bring along any photos you have of the scene of the accident as well as photos of your injuries and photos documenting any damage to your personal property, such as your vehicle.

Copies of accident reports: If an official report of the accident was made, such as a police report or a work accident report, bring copies for your attorney.

Medical bills: The amount of compensation you may be entitled to depends in large part on your medical expenses, so bring along copies of all the medical bills related to treatment for your injuries caused by the accident.

Medical records: Similarly, bring any documentation you have of the nature and extent of your injuries.

Repair estimates: If your personal property was damaged in the accident, bring copies of any professional repair estimates you have obtained.

Remember, you are not limited to the items on this list. You can and should bring along any other pieces of information or documentation that you feel will help your Texas personal injury lawyer in evaluating your case.

To receive a free legal consultation with an experienced Texas personal injury attorney, contact the law firm of Fears | Nachawati today. Simply email us or phone us toll free at 1.866.705.7584 for free legal assistance.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The family of a man who died while in county custody is planning to file a Texas wrongful death lawsuit.

The victim was Jesus Manuel Galindo, an inmate in the Reeves County Detention Center. Galindo died in December 2008 after not receiving medication for his epilepsy and subsequently being placed in an isolation cell.

Galindo’s family has sought legal representation and plans to move forward with a wrongful death lawsuit against the GEO Group, the company that runs the Reeves County Detention Center. Also to be named as a defendant is the Physicians Network Association, the group that provides medical care to the inmates.

According to Miguel Torres, one of the attorneys working on the case, “This is a very significant matter and a real serious wrongful death case.”

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

If you have lost a loved one due to someone else’s negligent actions, contact the Texas wrongful death law firm of Fears | Nachawati today. To receive free legal assistance from a Texas wrongful death lawyer, simply email us or phone us toll free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

If you have been injured in an accident, you need a Texas personal injury lawyer who will give your case personal time and attention, ensuring that you receive the maximum compensation available to you through vigorous representation.

Unfortunately, many injured people in Texas are receiving just the opposite of that – they have unknowingly placed their case in the hands of a high-volume settlement mill attorney.

What is a settlement mill? Settlement mills are law practices that aggressively advertise their services and do nothing more than mass produce settlements of claims. There is virtually no client interaction, and cases are never taken to trial. A typical settlement mill will process tens of thousands of claims each year, while a legitimate Texas personal injury law firm handles only a fraction of that number of cases annually.

A settlement mill attorney usually takes the first offer which is made by the insurance company, an amount which is typically far lower than what the claim is worth. No attempt at real negotiations is made. Settlement mill attorneys have no leverage because insurance companies know that they never take cases to trial.

Settlement mills treat personal injury claims in a “cookie cutter” fashion. No special attention is paid to the individual facts or circumstances of the case. Rather, the goal of a settlement mill attorney is to move the claim in and out as quickly as possible. Settlement mills are focused on volume, not quality.

Another characteristic of a settlement mill is the lack of interaction with an actual attorney. In a high-volume settlement mill, most tasks are assigned to non-lawyers, and clients have little to no contact with the attorney who is supposedly representing their case.

Don’t be taken in by flashy advertisements. You need a Texas personal injury attorney who cares about you and your case, an attorney who will fight to ensure that you get full and fair compensation for your injuries.

To receive free legal assistance from a qualified and experienced Texas personal injury lawyer, contact Fears | Nachawati today. Simply email us or phone us toll free at 1.866.705.7584 to speak directly with a personal injury attorney.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Two people are dead and a third is injured after a single-vehicle car accident on U.S. Highway 82.

The accident took place on Sunday morning as the driver, 18-year-old Dale Everett Thomas, was headed west on Highway 82, near Highway 289. For reasons that remain unclear, Thomas’s car rolled several times across the center median and landed on the pavement in the east lane of the highway.

Thomas died from injuries sustained in the accident, as did one of his passengers, 16-year-old Kendall Breigh Golden. A third passenger, a 16-year-old boy whose name has not yet been released, was taken to an area hospital for treatment.

Traffic on Highway 82 was shut down for several hours as police completed their investigation. At this point, all investigators can say is that speed definitely played a role in the accident.

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

If you have been injured in a Texas car accident, contact the personal injury law firm of Fears | Nachawati today to receive free legal assistance. Email us or phone us toll free at 1.866.705.7584 to speak to a Texas personal injury lawyer at no charge.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

The birth control pills Yaz and Yasmin have been found to increase the risk of pulmonary embolism. Pulmonary embolism is a medical condition that occurs when an artery in the lung is blocked, preventing blood from getting to the lungs.

Yasmin and Yaz increase the risk of blood clots, which are the most common cause of pulmonary embolisms. A pulmonary embolism can occur when a blood clot breaks free from where it formed and travels through the blood stream to the lungs.

Symptoms of a pulmonary embolism include:

• Rapid heart beat
• Sudden shortness of breath
• Excessive sweating
• Chest pain
• Fever
• Leg swelling
• Fainting or lightheadedness
• Wheezing
• Weak pulse
• Anxiety

Pulmonary embolisms can be highly fatal. About one third of people with an undiagnosed and untreated pulmonary embolism will die. Those who do survive may suffer from heart damage or pulmonary hypertension.

If you or someone you loved has suffered a pulmonary embolism or other injury as a result of taking Yaz or Yasmin, contact the Yaz lawyers of Fears | Nachawati today for free legal advice. To speak with a Yasmin lawyer, simply email us or phone us toll free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Accidents involving 18-wheelers are among the most serious – and deadly – of all motor vehicle collisions. A wide variety of negligent errors and mistakes on the part of truck drivers and trucking companies can cause these accidents.

Some of the most common claims brought against truck drivers and trucking companies include:

Negligent hiring: Operators of 18-wheelers are held to higher standards of safety than drivers of private motor vehicles. The trucking companies who hire these drivers can be held legally responsible if they hire and/or retain a driver with a history of prior accidents, alcohol or drug abuse or traffic offenses.

Negligent training: Trucking companies also have a duty to provide their drivers with proper training in safety and vehicle operation.

Negligent driving: A driver of an 18-wheeler can be held liable if their negligent driving causes a trucking accident.

Negligent loading: Shifting cargo, which is caused by cargo that is improperly loaded, distributed and/or secured, is a common cause of trucking accidents.

Negligent maintenance: Truck drivers and trucking companies must ensure that their vehicles are properly maintained and in good repair.

Willful misconduct: Examples of willful misconduct include driving under the influence of drugs and alcohol, knowingly driving an 18-wheeler with defective or unsafe equipment, driving aggressively, willfully violating traffic laws or violating driver hours-of-service regulations. If willful misconduct is found, then the plaintiff may be entitled to punitive damages.

If you have been involved in a Texas 18-wheeler accident, contact the personal injury lawyers of Fears | Nachawati for free legal advice. To receive free legal assistance from a Texas personal injury attorney, email us or phone us toll free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

Three teenagers were killed and another three were injured in a one-vehicle car accident that took place shortly before midnight on New Year’s day.

The accident occurred when the car struck a traffic barrier in the 1800 block of North Loop 288 in Denton, Texas.

Right before the accident occurred, a state trooper clocked the car traveling at 78 mph in a 60-mph zone. The trooper was preparing to stop the car when it crashed into the traffic barrier head-on.

Toxicology tests are being performed. However, Captain Lenn Carter of the Denton police department says there is no signs that drugs or alcohol were involved. According to Carter, no determination has been made on whether charges will be filed.

This accident marks the second fatal collision on North Loop 288 in the past 30 days. Two 21-year-old men were killed in an early-morning car accident on December 6^th.

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

If you or a loved one have been injured in a car accident, contact the Texas personal injury law firm of Fears | Nachawati today. To receive free legal advice from a Texas personal injury lawyer, simply email us or phone us toll free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

If you are injured while on someone else’s property, you may be able to bring a personal injury lawsuit against the owner. This type of personal injury lawsuit is known as a premises liability lawsuit. An example of a premises liability claim is a slip and fall accident at a grocery store.

In order to bring a successful premises liability lawsuit in Texas, you must be able to prove each of the following six elements:

1. A condition existed on the defendant’s property that posed an unreasonable risk of harm to a person present on the property.
2. The defendant knew, or should have known in the exercise of ordinary care, that the condition of their property posed an unreasonable risk of harm.
3. The defendant should have anticipated that a person on the property would not discover the danger or would fail to protect themselves against it.
4. The defendant was negligent in that they created the condition, knew about the condition and negligently failed to correct it or should have known about the condition.
5. The plaintiff was injured.
6. The condition of the defendant’s property caused the plaintiff’s injury.

If you were injured because of a dangerous condition on someone else’s property, contact the Texas personal injury lawyers of Fears | Nachawati today to receive free legal assistance. Simply email us or phone us toll free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A car accident in Fort Worth, Texas, ended with two injured drivers.

On Wednesday afternoon, an on-duty police officer was involved in a collision with a gold four-door Oldsmobile Cutlass.

The officer, whose name has not been released, was responding to an emergency call. He was headed eastbound in the 1800 block of East Lancaster Avenue.

The driver of the Cutlass, whose identity has also not been released, was traveling northbound in the 2300 block of Riverside Drive. The cutlass and the police vehicle collided in the intersection.

Both individuals were taken to the hospital for treatment. According to police, the officer was released from the hospital the same day, but the condition of the second motorist was unknown.

Click here to read more on this Fort Worth, Texas, car accident.

If you have been injured in a car accident, contact the Texas personal injury lawyers of Fears | Nachawati for free legal advice. To receive your free legal assistance, simply email us or phone us toll free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link