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

A jury has awarded $23.5 million to a Texas woman who was paralyzed in a drunk driving accident.

Two years ago, 23-year-old Jackie Murphree was in a car accident caused by a drunk driver. Murphree was left paralyzed and with brain damage. Murphree can no longer talk, walk or feed herself as a result of the accident.

The drunk driver was Betty Monroe, who the jury found to be 70% liable for the car accident. Monroe was on her way home after a night of drinking when her car drifted into a section of Highway 380 that was currently closed for construction, broadsiding Murphree.

In addition to Monroe, the jury also found the Texas Department of Transportation and a construction company called Site Concrete partly responsible.

According to the jury, more safety precautions, such as barricades, barrels and markers, should have been in place to prevent Monroe from driving onto the closed pavement.

To read more on this Texas drunk driving lawsuit, click here for the full article.

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All Yasmin, Yaz and Ocella lawsuits filed in New Jersey state courts have been consolidated as a mass tort. These Yaz and Yasmin lawsuits will now be centralized under one judge for coordinated handling of the cases.

On February 18^th, New Jersey’s Administrative Office of the Courts ordered that all Yaz, Yasmin and Ocella litigation in the state be assigned to Judge Brian R. Martinotti. Judge Martinotti presides over Bergen County Superior Court. All case management and trial issues in pending and future Yaz, Yasmin and Ocella lawsuits will now be overseen by Judge Martinotti.

The consolidation was requested by Judge Donald Volkert jr., who sits in Passaic County where more than a dozen Yasmin and Yaz lawsuits are pending.

The purpose of consolidating the Yaz lawsuits and Yasmin lawsuits as a mass tort is to avoid duplication and prevent conflicting rulings that may arise if the numerous cases are tried throughout the state.

Note, however, that the cases will remain individual actions and have not been consolidated. Moreover, Judge Martinotti has the discretion to send the cases back to the original county where they were filed for either resolution or trial.

This latest mass tort designation is not the first time that Yaz and Yasmin lawsuits have been consolidated. In October of 2009, all currently pending Yasmin and Yaz lawsuits in federal courts were consolidated for coordinated and centralized pre-trial proceedings. Those proceedings will be overseen by Judge David R. Herndon of the District Court for the Southern District of Illinois.

Also, all pending Yasmin and Yaz lawsuits in Pennsylvania state courts were consolidated last September.

In general, the Yaz, Yasmin and Ocella lawsuits center on the increased risk of heart attack, heart arrhythmias, blood clots, stroke, embolisms and gall bladder disease presented by the birth control pills.

Additionally, these birth control pills may cause a dangerous increase in a woman’s level of potassium, leading to a condition called hyperkalemia. Hyperkalemia can result in serious health problems.

For more on the recent New Jersey mass tort designation of Yasmin, Yaz and Ocella lawsuits, click here for the complete article.

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A premises liability lawsuit has been filed by a Texas woman who tripped over packaging material while shopping at the Beaumont Wal-Mart.

The plaintiff is Susan Henderson, who claims in her Texas premises liability lawsuit that she was shopping in the Wal-Mart on Christmas Eve of 2007. According to allegations made in the lawsuit, Henderson tripped and fell over packaging material left on the floor by a store employee.

Henderson states that the fall caused her permanent and severe injuries.

In her premises liability lawsuit, Henderson claims that Wal-Mart should have known that the material on the floor presented a dangerous condition.

Henderson alleges that Wal-Mart was negligent on several counts, including failure to properly train and supervise employees, failure to provide proper warning of the dangerous condition and failure to hire competent employees.

Damages sought by the plaintiff in her lawsuit include pain and suffering, physical impairment and medical expenses.

To read more about this Texas premises liability lawsuit, click here for the full article from the Southeast Texas Record.

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A Texas woman has filed a personal injury lawsuit against a restaurant after being struck by a falling object at the establishment.

According to her Texas personal injury lawsuit, plaintiff  Eliazar Zapata Spears was hit on the head by a falling light fixture while patronizing The Fish Spot, a Texas City eatery, in April of 2008.

Spears claims that no one touched the lamp but rather that it fell because of the vibrations caused by the loud music; the restaurant was holding a karaoke night at the time of the incident.

In her Texas personal injury lawsuit, Spears claims that the restaurant breached its duty to its customers by failing to keep the area safe from falling objects. The suit further alleges that the defendants should have known about the risk of putting unsecured items over the heads of areas where patrons would be situated.

Representatives of The Fish Spot, Clint Waddel, Vickie Pike, Mary Melghem and Leslie Melghem, have also been named as defendants.

Spears is seeking damages for lost wages, pain and suffering and mental anguish.

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The family of a Dallas, Texas, motorcycle officer has filed a lawsuit against Hillary Clinton over the officer’s death two years ago while escorting Clinton through the city. The city of Dallas has also been named as a defendant.

According to the lawsuit, the victim, Senior Cpl. Victor Lozada, was not properly trained and the road on which he was riding his motorcycle was not adequately maintained. The lawsuit further alleges that Clinton did not give the city adequate time to prepare for the motorcade.

Additionally, the lawsuit, which was filed in Texas state court on Monday, places blame on the city’s 911 system for a 12-minute delay in dispatching an ambulance to the scene of the accident.

Also named as defendants are Clinton’s presidential campaign and the company that manufactured Lozada’s motorcycle helmet.

In her lawsuit, Lozada’s widow is seeking damages for wrongful death, gross negligence, breach of warranty and product liability.

The accident occurred during Clinton’s bid for the Democratic presidential nomination. On the morning of February 22, 2008, Lozada, along with approximately 30 other motorcycle officers, were controlling traffic at various intersections as Clinton’s motorcade travelled through Dallas.

Lozada lost control of his bike when coming around a curve while performing a “leapfrog” maneuver in an attempt to pass the motorcade. Lozada’s bike ran up onto the sidewalk and he crashed head-on into a concrete outcropping.

The force of the impact caused Lozada to catapult dozens of feet forward, and his helmet was knocked off in the process.

To read more about Lozada’s lawsuit against the city of Dallas and Clinton, click here for the full article.

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The family of the victim killed in the IRS plane crash on February 18, 2010 has filed a Texas wrongful death lawsuit against the pilot’s estate.

Joseph Stack was piloting the plane involved in the fatal crash. Both he and Vernon Hunter, the victim at the center of the Texas wrongful death lawsuit, were killed in the suicide plane attack.

According to authorities, Stack, 53, intentionally crashed his plane into the IRS office building. Hunter, who was a manager in the IRS office, was killed.

In the Texas wrongful death lawsuit filed on Monday, Hunter’s family claims that Sheryl Stack, the pilot’s wife, should have warned others about her husband’s threatening and unstable behavior in the days preceding the attack. Stack had set his home on fire the same morning as the crash.

The Texas wrongful death lawsuit alleges that Sheryl Stack had a duty to “avoid foreseeable risk of injury to others.”

The seven-page lawsuit states that "Stack was threatened enough by Joseph Stack that she took her daughter and stayed at a hotel the night before the plane crash.”

According to an attorney representing Valerie Hunter, the victim’s wife, the suit seeks to determine whether any insurance proceeds are available to be awarded to the Hunter family. The attorney calls the Texas wrongful death lawsuit the appropriate way to determine what assets are available as compensation for Hunter’s death.

In addition, the lawsuit also seeks to prevent the Travis County medical examiner’s office from making Hunter’s autopsy public.

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

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There are times when an accident victim with a viable personal injury claim does not move forward with legal action because of mistaken beliefs about how personal injury claims work. For example, some accident victims are operating under misconceptions about the circumstances under which a claim can be made or about what types of compensation can be recovered.

Although every case is different, it is often possible to recover compensation from an accident even if:

1. There were no witnesses to the accident: It is sometimes possible to reconstruct an accident with the help of investigators. A good personal injury attorney has access to a team of experts that can prove how an accident occurred even without the aid of witnesses.

2. You are partly at fault for the accident: Texas uses the doctrine of comparative responsibility to assign a percentage of the blame for an accident to each party involved. As long as the judge or jury determines that you were only 50% or less responsible for the accident, then you can still recover damages for your injuries.

3. The other driver has no insurance: The other driver’s insurance is not the only source of payment for your injuries. Depending on the circumstances of your accident, it may be possible to recover damages from your own insurance company, the owner of the car or the driver’s employer.

4. You were the victim of a hit-and-run driver: Depending on the type of insurance coverage you have, you may be able to recover damages from your own insurance company if you are the victim of a hit-and-run driver.

5. You did not immediately go to the hospital: Sometimes injuries take time to manifest themselves. It is not uncommon for an accident victim to feel fine at first but then later develop serious injuries. While it is certainly best that you seek medical attention as soon as possible after an accident, not immediately going to the hospital does not preclude you from bringing a personal injury claim.

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A Texas woman has filed a personal injury lawsuit against Wal-Mart alleging she was injured when a store employee rammed a rack of carts into her.

The plaintiff, Betty E. Wheat, was shopping at a Wal-Mart on January 9, 2008. Wheat was retrieving a shopping cart when, according to her Texas personal injury lawsuit, a Wal-Mart employee was using a machine to move several shopping carts, ramming them into a stationary rack of carts. The stationary rack of carts, in turn, slammed into Wheat.

Wheat claims the force of the impact caused her to fall to the ground and injure her hip. According to the suit, Wheat was transported by ambulance to the emergency room the next day. She was hospitalized for nine days as she underwent treatment and testing.

In her Texas personal injury lawsuit, Wheat is claiming that Wal-Mart is responsible for its employee’s actions under the doctrine of respondeat superior.

The personal injury lawsuit accuses the employee of negligence in failing to keep a proper lookout and failing to maintain a clear and reasonable distance between Wheat and the moving equipment.

Wheat is seeking a variety of damages including medical expenses, pain and suffering, mental anguish, physical impairment and loss of household services.

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

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Potassium is an essential nutrient, necessary for normal cell functioning. However, an abnormal increase in the body’s level of potassium can lead to serious and life-threatening conditions, such as cardiac arrest and arrhythmia.

The birth control pills Yaz, Yasmin and Ocella may have a much greater effect on a woman’s potassium levels than other birth control pills. The reason is that Yaz and Yasmin contain the progestin drospirenone, and drospirenone may significantly increase potassium levels.

Yasmin, Yaz and Ocella all contain 3 mg of drospirenone. The condition of elevated potassium levels associated with drospirenone is known as hyperkalemia.

Symptoms of high levels of potassium in the blood include:

• Nausea
• Irregular heartbeat
• Weaknesses
• Weak, slow or absent pulse
• Changes in breathing patterns
• Loss of consciousness

If you or someone you love has suffered an injury because of an increase in potassium levels caused by taking Yaz or Yasmin, contact the Yaz/Yasmin lawyers of Fears | Nachawati today to receive free legal advice.

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A Texas wrongful death lawsuit has been filed against Toyota by the family of a woman killed in a car accident in December. The victim, 56-year-old Sharon Ransom, was riding in a car that plunged into an icy pond in a residential neighborhood.

According to the Texas wrongful death lawsuit, a malfunctioning accelerator in the Toyota Avalon was the cause of the car accident.

The accelerator malfunctioned, the suit alleges, causing the car to speed out of control and ultimately crash through a fence, bounce off a tree and flip into a private pond in Southlake, Texas.

According to accident reports, the car failed to stop at a T-intersection and was estimated to be traveling at a speed of 47 mph when it became airborne and landed in the pond.

According to Linda Hardy, the wife of Monty Hardy, the driver of the Avalon, the couple had taken the vehicle to a Grapevine, Texas, dealership on several occasions with complaints of unwanted acceleration. Hardy says they were told that there was nothing wrong with their vehicle.

The 2005 – 2010 model Avalons are the among the millions of vehicles that have been recalled by Toyota due to gas pedal and floor mat problems that lead to unwanted sudden acceleration.

On December 26, 2009, Ransom was one of four individuals in the Toyota Avalon that crashed into a pond. All three other individuals in the vehicle died as well.

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

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The family of a Texas woman killed by a drunk driver has filed a wrongful death lawsuit against the bar that served the suspect shortly before the car accident.

John and Melinda Red, the parents of 18-year-old accident victim Michelle Red, have filed a Texas wrongful death lawsuit against Pompeii, which is the bar where suspected drunk driver Lakedra Franklin allegedly became intoxicated before getting into a car accident last February.

Although Franklin is facing charges of intoxicated vehicular manslaughter, it’s the bar that Red’s parents are holding accountable under Texas dram shop law, a law which makes it possible under some circumstances to sue the establishment which served alcohol to an intoxicated person who later caused an injury.

Franklin’s court date is in April.

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

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A $100 million Texas wrongful death lawsuit has been filed against Toyota after the death of a Clear Lake City couple attributed to a malfunctioning throttle.

According to the wrongful death lawsuit, the couple, Janice and Kenneth Berg, were driving in their 2009 Camry on February 24^th when the throttle malfunctioned and the car suddenly accelerated at a high rate of speed, causing Janice, who was driving the car, to lose control of the vehicle and crash into a utility pole.

This Texas wrongful death lawsuit comes on the heels of Toyota’s recall of approximately 6 million vehicles in the United States – the largest recall in the company’s history.

Both Janice and Kenneth Burg died the same night of injuries sustained in the car accident.

Several defendants have been named in the Texas wrongful death lawsuit, including Toyota Motor Sales U.S.A, Star Toyota, Gulf States Toyota and CTS Corp.

The lawsuit alleges that Toyota made attempts to cover up the defects in its vehicles, first blaming driver inattentiveness and then floor mats.

Click here to read more on this Texas wrongful death lawsuit.

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A Dallas attorney has filed a wrongful death lawsuit against Toyota on behalf of a Texas family. The lawsuit alleges that the deceased victim was driving a 2007 Lexus when the vehicle suddenly accelerated and crashed into a pickup truck. Toyota manufactures Lexus vehicles.

The plaintiffs in the lawsuit, who have filed both individually and as representatives of the estate of victim George E. Fitts, includes William, Todd, Bill C., Phyllis, Frieda and Marry Fitts. The suit was filed on February 15^th against the Toyota Motor Corporation in the Marshall Division of the Eastern District of Texas.

According to the lawsuit, on November 6, 2009, George Fitts and his family were driving in his 2007 Lexus on the way to a University of Texas Longhorns football game. Fitts was traveling southbound on U.S. 79 when he crashed into a truck that was stopped and waiting to turn.

George Fitts, 72, suffered fatal injuries in the car accident. Two of his passengers, Billy C. and William Fitts, were seriously injured.

While the trooper who investigated the accident attributed the accident to Fitts’ apparent failure to see the stopped pickup truck, the victim’s family is claiming that the Lexus suddenly accelerated and could not be stopped.

In the lawsuit, Fitts’ family alleges that the Lexus is defective and unreasonably dangerous due to its tendency for sudden unwanted acceleration.

Toyota has not issued a recall on any Lexus for problems related to sticking gas pedals, though recalls have been made for other Toyota models for this issue.

A number of causes of action have been filed against Toyota in this lawsuit, including negligence, breach of warranty, design, manufacture and marketing defects and misrepresentation of reliability, safety and quality.

Damages sought by the plaintiffs in this wrongful death lawsuit include compensation for physical and emotional pain, emotional distress, mental anguish, medical expenses and burial costs. Other damages being sought include disfigurement, emotional distress, physical impairment, reduced capacity to enjoy life, interference with daily activities and lost wages.

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

If you have lost a loved one due to a malfunctioning vehicle, contact a personal injury attorney as soon as possible. The Texas personal injury attorneys of Fears | Nachawati provide free legal advice to the family members of victims killed in car accidents.

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You should contact a personal injury lawyer as soon as possible following your accident. The sooner you seek legal advice, the better preserved the evidence will be and the fresher the memories of your witnesses will be.

Every state, including Texas, has a statute of limitations. A statute of limitations limits the amount of time in which you have to bring your personal injury lawsuit. In general, the statute of limitations for personal injury lawsuits in Texas is two years. That time period, however, can be extended under certain circumstances. It is important that you seek the immediate advice of a personal injury attorney to be sure that you preserve your legal rights.

Just because you should consult with a personal injury attorney quickly, however, does not mean that you should settle quickly. In order to ensure that you receive full and fair compensation for your injuries, you must allow enough time for a full diagnosis to be made and for your injuries to resolve themselves.

You should never sign a release or agree to a settlement for your personal injury claim until you have had the opportunity to speak with a Texas personal injury attorney. To receive free legal advice on your claim, contact the Texas personal injury lawyers of Fears | Nachawati today.

 

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A Texas woman has filed a wrongful death lawsuit after the death of her husband from mesothelioma, a form of lung cancer caused by exposure to asbestos.

According to the lawsuit, filed by Katherine Brashers, Michael Brashers was exposed to asbestos while working for Union Oil Company of California.

Brashers worked for the company, which was located in Jefferson County, Texas, from 1963 to 1998. Throughout that time, asbestos was commonly used in manufacturing, ship building and construction.

Brasher died within one month of being diagnosed with mesothelioma.

In her Texas wrongful death lawsuit, Brashers makes several claims against the defendant companies, including failure to provide her husband with adequate protective gear, failure to warn him of health hazards, failure to take reasonable precautions to put into effect a reasonable safety plan and failure to develop a substitute material in order to eliminate the workers’ exposure to asbestos.

Brashers has named eight defendants in her Texas wrongful death lawsuit, including Ametek, Able Supply, Champlain Cable Corp., Hercules Inc., Guardine, Westinghouse Electric Co. and Jett Weld Inc. as well as Union Oil Company of California.

Among the relief sought in her Texas wrongful death lawsuit, Brashers is seeking compensation for mental anguish, medical costs, funeral and burial expenses and loss of consortium, as well as her husband’s pain and suffering.

For more on Brasher’s Texas wrongful death lawsuit, click here for the complete article.

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When you sign a release, you are agreeing to give up the right to pursue any further financial recovery from the individual being released in exchange for that individual paying you an agreed upon amount of money.
When you settle a personal injury claim you will generally have to sign a release. For example, you may agree to settle your claim for $10,000. By signing the release, you are saying that you will not take any further legal action against the defendant in return for the defendant paying you $10,000.
You should never sign a release until you have consulted with a personal injury attorney. Before you give up any of your legal rights, it is critical that you speak with a personal injury attorney who can assess your case and ensure that you are receiving a fair settlement.
After you sign a release, you have given up your right to bring a personal injury lawsuit against the individual being released. A personal injury attorney will help you determine whether settling the case is in your best interest.

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Three Texas men have brought a lawsuit against Toyota after they were injured in a car accident earlier this month. The men were riding in a Camry when it suddenly accelerated and crashed into a telephone pole.

The lawsuit, which accuses Toyota of negligence and product liability, was filed last Thursday in Bexar County District Court.

Named as defendants are Toyota Motor Corp. as well as Alamo Toyota, the dealership that sold the 2009 Camry involved in the accident.

The car accident occurred on February 4th when 30-year-old James Martinez was driving his boss' Toyota Camry.

According to Martinez, he applied the brakes as he approached a stoplight but the vehicle continued to accelerate. To avoid colliding with other vehicles, Martinez steered the Camry off the road, smashing into a telephone pole.

Last month, Toyota recalled more than 2 million vehicles in response to complaints of unwanted acceleration.

While Toyota linked the unwanted acceleration problems to sticking gas pedals, the police report of Martinez's accident indicates that a malfunction with the throttle control was the cause of the accident.

According to their lawyer, Bob Hilliard of Corpus Christi, Texas, Martinez suffered back and shoulder injuries as well as a concussion. The two passengers in the Camry suffered back and neck injuries.

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Under Texas law, any person who drives in Texas must be able to pay for the car accidents they cause. The vast majority of drivers in Texas meet the financial responsibility requirement by purchasing automobile liability insurance.

If you are in a car accident, your liability insurance will cover the cost of repairing or replacing the other driver’s vehicle. It will also pay the medical expenses for the driver or other people injured in the accident.

The minimum amount of liability insurance coverage required to satisfy the Texas Financial Responsibility Law is $25,000 for each injured person, up to a total of $50,000 per accident and $25,000 for property damage.

Note that these requirements are set to increase on January 1, 2011. The new minimum requirements will be $30,000 for each injured person, up to a total of $60,000 per accident and $25,000 for property damage.

Texas law requires that you provide proof of financial responsibility in the following situations:

• When registering a vehicle or renewing your vehicle’s registration
• When obtaining or renewing your driver’s license
• When you are asked for it by a law enforcement officer during a traffic stop or at the time of an accident

In Texas, approximately 20% of the motor vehicles on the roads have no insurance coverage – that’s equal to one out of every five cars. Driving without the proper insurance in Texas is a bad idea. If you are caught driving without adequate liability insurance coverage, you could face hundreds of dollars in fines and even a suspension of your license.

For helpful information on shopping for car insurance in Texas, visit the Texas Department of Insurance website.

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When you choose to get behind the wheel of a motor vehicle and drive, you are taking on certain responsibilities.

Texas law requires you to exercise reasonable care when driving to avoid harming others. A person who fails to fulfill this responsibility may be found negligent and be held legally and financially responsible for the injuries and damage they caused as a result of that negligence.

In Texas, one of the most important driver responsibilities is the duty to maintain a “proper lookout.”

“Proper lookout” is a term used to describe a driver’s responsibility to intelligently and carefully observe the road, other motorists and their general surroundings while driving. As a driver, you have a duty to take reasonable steps to avoid car accidents.

The proper lookout standard is used by Texas courts to help determine who is at fault for a car accident.

Other driver responsibilities include:

• Driving at a reasonable speed for the current conditions
• Keeping your car in good repair and working order
• Maintaining control of your vehicle

If you have been injured in a car accident caused by a negligent driver, you should seek the immediate advice of a qualified Texas personal injury attorney. At Fears | Nachawati, we provide free legal advice to car accident victims.

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The first stage in a personal injury lawsuit is your initial meeting with your attorney. During this meeting, you will tell your attorney about your accident, explaining what happened and who was involved. Ideally you will bring along supporting documents, such as medical records and the accident report, to help your attorney evaluate the facts of your case and determine whether you have grounds for a personal injury lawsuit.

Before filing the personal injury lawsuit, your attorney will first try to negotiate with the other side, usually the insurance company of the person who caused your injuries. The goal of the negotiations is to reach a settlement that fairly compensates you for your injuries, making it unnecessary to move forward with a trial.

If a settlement cannot be reached, then your personal injury attorney will begin the process of filing a lawsuit. The first step is to file a formal pleading with the court known as a complaint. A complaint is a written legal document that explains why the defendant is being sued and lists the damages (such as medical expenses and lost wages) that are being sought.

The defendant must then file an answer to the complaint. An answer is also a written legal document. In it, the defendant will either admit to or deny the allegations made in the complaint and assert any defenses they believe they have.

Once the initial pleadings have been filed by both parties, discovery begins. Discovery is the legal process by which both parties to a lawsuit gather information and evidence to prove their version of the facts. A common form of discovery is a deposition where the attorney for each side is given the opportunity to question the other party.

It is not uncommon for a settlement to be reached after discovery is underway. A case can be settled any time before it goes to trial. In fact, the majority of personal injury lawsuits are settled before trial.

If no settlement has been reached, the case will go to trial. During the trial, both parties will present evidence and testimony to prove their case. For the plaintiff, this means proving that the defendant was at fault as well as proving their damages.

After both parties have finished presenting their case, the judge or jury, depending on whether a jury trial was requested, must deliberate and reach a verdict. The verdict is the judge or jury’s decision as to whether or not the defendant is at fault for your injuries. If the defendant is found liable, the verdict will also include an award of damages, which is the amount of money the defendant must pay you as compensation for your injuries.

If you have been injured in an accident, contact a personal injury attorney as soon as possible to arrange an initial consultation. At Fears | Nachawati, we provide accident victims with a free consultation where one of our experienced Texas personal injury attorneys will review the facts of your case and help you understand your legal options.

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As the plaintiff in a Texas personal injury lawsuit, you have the burden of proving that the defendant was at fault for your injuries. In civil lawsuits, the burden of proof is a “preponderance of the evidence.” Preponderance of the evidence simply means that your version of the facts is more likely than not to be true.

Most personal injury claims are based on the legal principle of negligence. A person is negligent when they fail to exercise the care that a reasonable person would under the same circumstances. If someone’s negligence causes an injury to another person, then they can be held liable for their damages.

To prove fault under a theory of negligence, you must show four things:

1. The defendant owed you a legal duty of care.
2. The defendant breached that duty through their actions.
3. The defendant’s conduct caused an accident involving the plaintiff.
4. The plaintiff was injured or harmed in some way as a result.

Here’s an example of how these four elements would work in a personal injury lawsuit. Let’s say that Joe runs a stop sign and hits a car being driven by Sue. Sue had no stop sign, so she had the right of way. In order to bring a successful personal injury lawsuit, Sue will need to prove that:

1. Because Joe was operating a vehicle on public streets, he owed Sue and all other drivers a legal duty to drive with reasonable caution.
2. By running the stop sign, Joe breached that duty of care.
3. As a result of breaching his legal duty to drive with reasonable caution, Joe caused his car to collide with Sue’s car.
4. Due to the collision with Joe’s car, Sue suffered injuries.

If you have been injured in an accident caused by someone else’s negligence, you should seek the immediate advice of an experienced personal injury attorney to learn about your legal rights.

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“Slip and fall” is a term used to describe a personal injury case in which the person slipped, tripped or fell on someone else’s property and was injured as a result. Slip and fall cases are one type of claim that falls under the broader category of premises liability.

Property owners have a legal duty to exercise a reasonable level of care in maintaining a safe premises in order to prevent injury to visitors.

Therefore, a property owner has a duty to make reasonable inspections of their property and, if a dangerous condition is detected, to either repair it or provide adequate warning of the condition.

When a property owner fails to use reasonable care in managing and maintaining their property and someone on their property is injured as a result, the property owner can be held liable.

Whether or not the property owner will be held liable depends on whether your can prove that the property owner was at fault. In order to bring a successful slip and fall claim, you must be able to prove one of the following:

1. The property owner created the dangerous condition.
2. The property owner knew about the dangerous condition and failed to correct it.
3. The property owner should have known about the dangerous condition because a reasonable person would have discovered and corrected it.

Keep in mind that the court will also consider whether the injured person’s own carelessness contributed to the accident. In Texas, the rule of comparative negligence applies to slip and fall cases. As a guest on someone else’s property you have a responsibility to exercise reasonable caution and avoid open and obvious dangers.

If you have been injured on someone else’s property and believe that you may have a slip and fall claim, you should seek the immediate advice of a personal injury attorney. A personal injury lawyer will be able to evaluate the facts of your case and determine whether you have a valid slip and fall claim.

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After a car accident, what you don’t do can be just as important as what you do. Protect yourself and preserve your legal rights by heeding these 5 Car Accident Don’ts.

1. Don’t make small talk with the insurance adjuster: When speaking with an insurance adjuster, whether they’re from your insurance company or the other driver’s insurance company, be strictly business. Stick to the facts. Otherwise you could make an off-hand remark that the insurance adjuster may try to use against you as a reason to reject your claim.

2. Don’t give a recorded statement to the insurance adjuster: The insurance company must ask for your permission to record your statement. Politely decline to make a recorded statement. It is in your best interest to provide a written statement that you have time to carefully prepare. When you are forced to answer questions on the fly, it can be easy to become flustered and make a mistake in recounting the facts.

3. Don’t sign a medical release: While the insurance company will need medical records that are pertinent to the injuries you suffered in the accident, they will often ask you to sign a general medical release that would give them access to your entire medical history. You have the right to protect your privacy and to agree only to release medical documents that are relevant to your claim.

4. Don’t apologize: Never say you’re sorry or admit fault at the scene of a car accident. These statements can be used against you when liability for the accident is being determined.

5. Don’t assume the damage to your car is minor or insignificant: After a car accident, a driver may see only a few small scratches on their vehicle and come to the conclusion that they don’t need to bother with obtaining the other driver’s insurance information. Be aware that structural damage to your vehicle may not be readily visible, so you should always operate under the assumption that you are going to file a claim.

If you have been injured in a car accident, one of the biggest Do’s is to contact a personal injury lawyer as soon as possible. Your personal injury attorney will help you take the proper steps to ensure that you receive fair compensation for your injuries.

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In order to bring a successful personal injury claim, you must first show that you have been injured. The injury can be physical or emotional.

Next you must be able to show that someone else caused your injury by acting carelessly or recklessly. Generally this is a matter of proving that the other person was negligent, meaning they failed to exercise the care that a reasonable person would under the same circumstances.

Last, you must be able to demonstrate that you suffered damages. Damages include medical expenses, lost wages, physical impairment and pain and suffering.

The best way to find out if you have a personal injury claim is to consult with an attorney. A personal injury attorney has the training, knowledge and experience necessary to evaluate your case and determine whether you have a valid claim.

To receive free legal advice about your personal injury claim, contact Fears | Nachawati today.

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While you don’t have to hire a lawyer to handle your personal injury claim, you are likely to wind up with a much lower settlement than you would if you were represented by an attorney.

An injured person is at a serious disadvantage when they attempt to negotiate directly with the insurance company. Insurance adjusters are trained professionals who make their living negotiating claims. It is their job to settle your claim as quickly as possible and pay out the least amount of money.

Having a trained and experienced legal professional advocating on your behalf levels the playing field. It also provides you with greater leverage. By hiring a personal injury lawyer you are sending the message that you are willing to pursue litigation if necessary. As a result, the insurance company will take your claim more seriously and offer you a better settlement to avoid going to trial.

When you hire a personal injury attorney to handle your claim you are able to focus on your recovery. Your attorney relieves you of all the headaches and hassles that come with settling a personal injury claim. All of the record keeping and communications with the insurance company will be handled by your attorney.

Settling a personal injury claim can be a very time-consuming process, but if you hire an attorney, you will spend very little time working on your case. Your main responsibility will be going to your doctor appointments and keeping your lawyer updated on your medical condition.

If you have been injured in an accident, it is in your best interest to seek the representation of a qualified personal injury attorney. Contact Fears | Nachawati today to receive free legal advice about your personal injury claim.

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A personal injury lawsuit against U-Haul and its Texas subsidiary will reach the Dallas 5^th Court of Appeals on February 9^th.

In April of 2008, a Texas jury awarded Talmadge Waldrip $84.25 million in damages for injuries he sustained when a U-Haul rental truck ran over him. The verdict included $63 million in punitive damages.

U-Haul International appealed the verdict, and the case will be heard by the Dallas 5^th Court of Appeals next week.

Waldrip’s personal injury lawsuit stemmed from an incident that occurred on September 20, 2006. On that day, Waldrip, 74, was driving a 1988 U-Haul truck – a 26-foot “Jumbo Hauler” with 234,000 miles on the odometer.

Waldrip, who was helping his daughter move, was dropping off a load of her belongings at a warehouse he owned in a nearby town. When he arrived at the warehouse, Waldrip parked the truck on a slight incline, set the parking brake and stepped out of the vehicle.

Once he was out of the truck, it abruptly began to roll backwards, striking Waldrip and knocking him to the ground. The truck then rolled over him, dragging him about 40 feet and crushing his pelvis.  

Waldrip, along with his wife and daughters, sued U-Haul, claiming the company was negligent in renting a truck to him that it knew or should have known was unsafe.

At trial, Waldrip’s attorney presented evidence that U-Haul failed to properly maintain the brake and transmission systems of its trucks. Evidence presented in the original lawsuit also showed that six other people had similar problems with the same truck.

In its defense, U-Haul argued that Waldrip likely burned out the brake by leaving it on while he was operating the vehicle. The company also argued that it could not reasonably have been aware of a problem with the parking brake before the accident occurred.

Following the verdict at trial, U-Haul issued a statement expressing its disappointment and declaring its intention to “vigorously defend this case through the appeals process.”

In its statement, U-Haul said, “The damages awarded are particularly outrageous given the circumstances of this case. While the plaintiff's injuries are extremely regrettable, the final verdict is another example of abuse of the legal system against corporate citizens in America.”

The jury’s award was later reduced to $46 million because of a Texas law that caps punitive damages.

Except for cases involving specific types of intentional criminal conduct, punitive damages in Texas civil lawsuits are limited to the greater of the following amounts:

a.) Two times the amount of economic damages plus non-economic damages up to a maximum of $750,000; or

b.) $200,000

For more on Waldrip’s personal injury lawsuit, see this article from the Allen American.

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This Sunday the New Orleans Saints will square off against the Indianapolis Colts in Super Bowl XLIV. As football aficionados in Texas prepare for the big game, Fears | Nachawati joins the NFL and the National Highway Traffic Safety Administration (NHTSA) in reminding Super Bowl partygoers that fans don’t let fans drive drunk.

Super Bowl Sunday is one of the most fun and exciting days of the years for sports fans, but sadly, it’s also one of the most dangerous days on our nation’s roadways due to drunk drivers.

During the 2004 Super Bowl weekend, 158 people were killed by drunk drivers with a blood alcohol concentration of .08 or higher, according to the NHTSA.

Drunk driving fatalities are preventable tragedies. If you plan to host a Super Bowl party, do your part to keep the roads safe with these tips from the NHTSA:

• Before the festivities get underway, make sure that every guest who plans to drink has a designated sober driver.
• Offer plenty of non-alcoholic beverage selections.
• Serve lots of food.
• Stop serving alcohol at the end of the third quarter.
• Have numbers for local cab companies on hand.
• Take the keys away from any guest who is thinking of driving while impaired.

These are simple steps that everyone can take to ensure that a celebration doesn’t end in tragedy. Put designating a sober driver at the top of your Super Bowl party to-do list!

Fears | Nachawati encourages you to enjoy the game responsibly. If you plan to drink, give your keys to a sober driver before the game begins.

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The National Safety Council provides some sobering statistics on teen car accidents. According to the NSC, young drivers are involved in a staggering six million collisions every year.

Motor vehicle accidents are the leading cause of teen deaths, accounting for 38% of all teen fatalities in the U.S. In fact, every day, more than 10 drivers in the 15 to 20 age group are killed in car accidents. An additional 745 are injured.

Sadly, reckless behavior on the part of the young driver causes a considerable number of these accidents. Alcohol is involved in about one fourth of crashes killing young drivers. Speed is also often a factor in deadly teen car accidents. Twenty six percent of young female drivers and thirty nine percent of young male drivers were speeding at the time of their fatal crash.

However, even the most cautious and responsible teen drivers can be injured in a car accident through no fault of their own. If you or your child have been hurt in a motor vehicle collision caused by someone else’s negligence, contact a personal injury attorney today to learn about your legal rights. You may be able to recover compensation for your lost wages, medical bills and even your pain and suffering.

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You’ve been injured in a car accident – your medical bills are mounting and you’re using a rental car to get around. You’re ready to move forward with your life, but you can’t because the insurance company isn’t responding to your claim.

Does this scenario sound familiar? Insurance companies are obligated to respond to car accident claims in a timely manner. Unfortunately, they do not always hold up their end of the bargain.

Car insurance is a business, and like any business, car insurance companies are out to make money. Paying out on a claim isn’t profitable, and too many insurance companies intentionally stall in responding to claims.

If you are dealing with an insurance company that won’t respond to your claim, then it’s time to talk to a car accident attorney. Hiring an attorney sends a clear message to the insurance company that you are serious about getting compensated for your injuries and damage to your vehicle.

A qualified car accident attorney has the experience and legal knowledge necessary to aggressively pursue your claim and ensure that the insurance company fulfills its obligations. Car insurance companies want to avoid litigation, and the prospect of facing a lawsuit will prompt them to move quickly on your claim and offer you a fair settlement.

If you have been hurt in a car accident, contact a personal injury attorney today. Let your attorney deal with the insurance company so you can focus on healing and getting your life back to normal.

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A wrongful death lawsuit has been filed against a Texas bar that allegedly served alcohol to an already intoxicated teenager.

The suit is being brought by Wayne and Theresa Chapman, the parents of Michael Chapman who was killed in a car accident caused by 19-year-old Bo Pillsbury.

According to the lawsuit, before the accident occurred, Pillsbury has been drinking in a bar called Dixie Dance Hall. The lawsuit alleges that Dixie Host Ltd., the corporate owner of the bar, continued to serve alcoholic beverages to an “obviously intoxicated” Pillsbury.

Pillsbury, the lawsuit further alleges, was then allowed to leave the premises and drive away. Pillsbury later lost control of his car, striking the vehicle in which Michael Chapman was a passenger.

To read more about the lawsuit, see this article in the Beaumont Enterprise.

This wrongful death lawsuit involves the Texas Dram Shop Act, which makes it possible to sue a person who served alcoholic beverages to an intoxicated individual if that individual later injures someone as a result of their intoxication.

For more information on the Texas Dram Shop Act, including the requirements for a successful claim, see our blog post entitled "I was hit by a drunk driver. Can I sue the person who served them alcohol?"

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A Texas man is among those suing Toyota over an accident caused by the malfunctioning gas pedal that has been the subject of a recent recall.

Michael Harris has filed a wrongful death lawsuit against Toyota alleging that a malfunctioning gas pedal in his wife’s 2009 Corolla caused her fatal car accident.

The victim was wife and mother Trina Harris who was killed when her car sped through a stop sign and smashed into a concrete wall. At the time of the accident, Harris was driving a 2009 Corolla, one of the vehicles that has been included in Toyota’s massive recall due to mechanical problems with accelerators.

Listed as defendants in the wrongful death lawsuit are Toyota, the manufacturer of the gas pedal and the local Toyota dealership from which Trina Harris leased her car.

For more on Harris’s wrongful death lawsuit against Toyota, see this article.

To find out if your Toyota is among the more than 2 million vehicles that have been recalled, visit www.toyota.com/recall/. There the car company lists all of the makes and models included in both of the recent recalls.

As Toyota explains on its website, there are actually two different recalls currently underway. The first is referred to as “floor mat entrapment,” where the car’s floor mat interferes with the gas pedal, causing it to get stuck in the wide-open position. The second is referred to simply as “pedal” and involves a mechanical failure that causes the gas pedal to get stuck in a partially depressed position or to be slow to return to the idle position.

If you experience sudden unintended acceleration in your vehicle, there are steps you can take to help avoid an accident. Consumer Reports presents this 5-step process for safely bringing a runaway car to a stop:

1. Brake firmly – do not pump the brakes.
2. Shift into neutral.
3. Steer to a safe location and come to a complete stop.
4. Turn off the engine with the transmission still in neutral.
5. Last, shift into park.

For more information on sudden unintended acceleration, see Consumer Report's Unintended Acceleration Guide.

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One of the most common uses of structured settlements is in personal injury claims. Through the settlement, the victim is compensated for their personal injuries, but rather than a lump sum payment, a structured settlement is an agreement that the defendant or the defendant’s insurance company will make periodic payments to you over a set period of time.

Structured settlements offer considerable tax advantages. Earnings on your structured settlement are tax-free. Tax liabilities can greatly reduce a large cash payout. By contrast, the principal and interest generated from structured settlement annuities are completely exempt from state and federal taxes.

Another benefit of structured settlements is the flexibility they offer. You can structure your settlement in a way that best meets your financial needs and protects you from inflation. A structured settlement can consist of simple yearly payments or can be a complex arrangement involving an initial lump sum payment and monthly indexed payments.

You are free to structure your personal injury settlement in the way that is most beneficial to you. You can even tailor your personal injury settlement to meet your long-term financial goals such as a steady source of income to support you during retirement or paying for your child’s college education.

Long-term money management issues are another reason why personal injury victims often prefer structured settlements. With a structured settlement, you are guaranteed a steady source of income to cover your future medical expenses. Some personal injury victims do not feel confident in their ability to manage a large cash payment to ensure that their ongoing medical costs are provided for. A structured settlement can alleviate those concerns.

Before accepting any settlement offer, you should seek the advice of an experienced personal injury attorney. Your personal injury attorney will make sure that you are fairly compensated for your injuries and can negotiate on your behalf to get you the best settlement possible.

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A new study suggests that the majority of older drivers take one or more medications, but that few of them are aware of the effects that these medications can have on their driving ability.

For the study, which was conducted by researchers from the University of Alabama and released as a report by the AAA Foundation for Traffic Safety, 630 drivers between the ages of 56 and 93 were interviewed.

Of those interviewed, 78% were taking one or more medications. However, only 28% of them knew about the potential risks of driving while medicated. Also, of the respondents takings medication known to impair driving ability, only 18% were warned of the risk by their doctor or pharmacist.

According to the results of the study, use of prescription drugs increases with age while the awareness of the risks of driving while medicated decreases.

Peter Kissinger, president and chief of the AAA Foundation, notes that the problem of impaired medicated driving is only likely to worsen as our population ages and the use of multiple prescriptions becomes more prevalent.

To help combat this problem, the AAA Foundation has created Roadwise RX. The free website will include a searchable database listing the effects that drugs, whether taken alone or in combination, have on a person’s driving ability. Users can customize the information they receive by inputting information such as age and weight.

According to the AAA Foundation, the database is intended to serve as a tutorial for individuals who have only a general understanding of the impaired driving risks associated with the medicine they take. Roadwise RX will explain potential side effects and drug interactions in simple, everyday language. Both prescription and over-the-counter medications will be included in the database.

The web-based resource is set to go live in early 2010.

There have been multiple studies linking certain drugs and drug combinations to an increased risk of auto accidents. While the link between certain medications and impaired driving is not questioned, what is unclear is exactly how many car accidents are caused by drivers who are impaired by a medication. Except for cases involving alcohol, there is no routine testing for drugs in a driver’s system after a motor vehicle collision.

For more on the study and the effects of medication on driving, see this NY Times blog entry. To learn more about Roadwise RX, see this release from the AAA Foundation.

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The family of a cyclist killed in an accident with two fire trucks has reached a settlement with the city of Houston, Texas. Their wrongful death claim against the city is set to be settled for $225,000.

Leigh Boone died two weeks after she was injured in an accident involving two fire trucks in March of 2009. The trucks collided at an intersection as they were speeding to what turned out to be a false alarm. One truck was speeding, and the other ran a red light.

Boone was standing on the corner with her bicycle when a ladder truck rolled onto her as a result of the collision.

Boone’s family filed a wrongful death lawsuit against the city of Houston in hopes of changing the way that the city’s fire stations compete for calls.

In the past, says an attorney for the family, there has been an unwritten competition amongst fire stations to be the first to the scene. Boone’s family wants to see that mentality changed to prevent future tragedies.

Under Texas law, the maximum amount of compensation anyone can get from a municipality for a wrongful death is $250,000.

We blogged about the Texas Tort Claims Act back in November. Essentially the law limits amount of money a person can be awarded when suing a governmental unit in Texas. It also limits the circumstances under which a governmental entity can be held liable for a tortious act.

If you or someone you love has been injured as the result of a negligent act by a government employee, it is critical that you seek the advice of an experienced Texas personal injury lawyer who understands the complicated laws that affect your ability to bring a lawsuit against the Texas government.

For more on the settlement, see this piece by the Houston Chronicle and this blog post on the Houston Press website.

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