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

This summer, tens of thousands of Texas kids will go swimming. Tragically, more than a hundred may drown before Labor Day. According to the Texas Department of Family and Protective Services, accidental drowning is a leading cause of death for children 5 years old and younger. In fact, in 2011 twenty-seven Texas children died before the summer season even began!

Fears | Nachawati understands the injury risks that your children face and is prepared to help you determine who may be responsible in the event that a member of your family is injured. For a free consultation, call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. 

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Three years ago, a San Antonio high school senior roared through a residential community at 70 miles per hour, more than twice the posted speed limit. At the intersection of Mission Road and East Young Avenue, the student who was just beginning his adult life, Patrick Ryan Barrera, slammed into the car of soon-to-retire Margarito Lopez, 64, killing him.

Last week, after a lengthy trial a San Antonio jury rendered an exceptionally forgiving verdict to Mr. Barrera. As Raymond Martinez, Mr. Barrera’s attorney, explained of Mr. Barerra’s absent desire to harm, “He didn’t have any intent to hurt anybody.” As a result, Mr. Martinez suggested, the jury was unable to find Mr. Barrera guilty of the prosecution’s allegation of criminally negligent homicide.

Mr. Barerra’s approaching freedom appears to be the result of good lawyering by his attorney—or, perhaps, ineffective representation by the prosecution. Either way, Mr. Barerra’s case drives home an important point: having a good lawyer is often more important than having good facts or good law.

The attorneys at Fears | Nachawati are the good lawyers you’re looking for. With years of experience and considerable expertise in personal injury law, they can provide you with the representation that you need to succeed in negotiations or in litigation. For a free consultation, call 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help!

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More than a decade has passed since Jacqui Saburido was involved in a drunk driving accident that left her entirely body severely burned. Ironically, the accident that took the Austin native’s face has led her to become the face of an anti-drunk driving campaign across Texas. To date, Ms. Saburido has undergone 120 surgeries and is slated to have one of her most important – a nose reconstruction surgery – this summer in Brazil.

Drunk driving changed Ms. Saburido’s life forever. If you’ve been in a drunk driving accident, it’s likely to change your life, too. To find out everything you need to know about the law surrounding DUIs, contact the personal injury experts at Fears | Nachawati. Call at 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us help you!

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The owner of Innovations Automotive, a Houston body shop, is learning first-hand about the law of premises liability. Charged late last week with having a firearm accessible to a child and scheduled to appear for a court date later this month, Milton Almanza faces criminal charges – and could face civil charges, too – stemming from the tragic and unfortunate death of a 10-year-old boy. The victim, Kenneth Govea, fatally shot himself with a .25 caliber semi-automatic pistol he found in Mr. Almanza’s shop.

The tragic case of the boy, the shop owner, and the gun are important for business owners throughout the state of Texas. Simply put, the law of premises liability makes owners legally responsible for the dangers associated with their shop. For Mr. Almanza, the tool that he hoped would give his shop greater security is actually the weapon that could cost him time in jail and thousands of dollars in civil damages.

Want to know more about premises liability and the unseen legal risks that you and your business might face? For a free consultation that could save you more than you might imagine, talk to the injury experts at Fears | Nachawati. We’re in the business of helping you! Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. 

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Members of the GLBT – gays, lesbians, bisexual and transgender – community are putting pressure on the Texas legislature to pass an anti-bullying statute that would make it easier for schools to punish students who harass fellow students on the basis of their sexual orientation. For many, changing the law is an effort to protect teenagers who might otherwise commit suicide in response to being bullied about their sexuality.

Has your child been bullied in school? Has he or she been harassed as a result of his or her sexual orientation? If so, they might have a viable cause of action rooted in anti-bullying legislation designed to protect them against precisely the kind of mistreatment they are currently experiencing. To protect your children, contact the personal injury experts at Fears | Nachawati. Just call 1.866.705.7584 or send an email to info@fnlawfirm.com. With our experience and expertise, we can help you!

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Donald Leeroy Ballard, a Little League umpire near Houston, Texas, lured a 16-year-old child into his residence with the promise of food and video games. Once inside the home, Ballard sexually assaulted the child. Given Mr. Ballard’s relatively high interaction with teenage boys throughout Liberty County, the Liberty County Sheriff’s Office was concerned that Ballard might have sexually assaulted other children as well.

Ballard will be subject to criminal charges, however, he also will likely face tort allegations, too. Victims deserve their day in court and they need legal advisors capable of defending their rights. If you or a loved one has been the victim of a crime such as battery, theft, or sexual assault, contact the legal advisors at Fears | Nachawati. Call at 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help you!

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For many Texans, the answer to a victim with an airway obstruction – most commonly, a fellow diner who chokes on food – is the Heimlich maneuver. In fact, for the last 22 years Texas law has required that restaurants display a poster advising customers and workers how to proper perform the life-saving procedure. However, Texas law is expected to soon change. In keeping with new American Red Cross standards, the new preferred technique is to slap a choking victim on the back repeatedly, up to five times.

Some restaurant owners and would-be good Samaritans are asking: should I still follow the decades-long advice of using the Heimlich maneuver? If the old poster remains hanging in the restaurant, should I adhere to posted instruction? Will I be held legally responsible for any harm stemming from the use of the older, “wrong” technique?

These are all good questions. If you want to know their answer, contact the personal injury law experts at Fears | Nachawati. As the law changes, we can provide you with the advice and direction you need. Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us help you!

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Sexual assault is always painful, tragic and unfortunate. However, it’s particularly difficult when the victim is a child and the perpetrator is a trusted adult in the community. This week, residents of Katy, Texas, are grappling with the reality that Robert Paul Gentry, 28, had sex with a 15-year-old who was in his care at a residential treatment facility. The facility is designed to care for teens with emotional disorders.

If your child is verbally, physically, emotionally or sexually victimized by an adult, you need to take action. The perpetrator who injures your child should not simply face criminal charges, but civil allegations, too. Find out how to protect your family and seek justice within the justice system by contacting the personal injury experts at Fears | Nachawati. Call 1.866.705.7584 or send an email to info@fnlawfirm.com. 

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A 21-year-old man, Colby Galland, died last weekend in Wolfforth, Texas, on FM 179 after his 2004 Ford pickup truck rolled. Preliminary investigation by the Texas Department of Public Safety confirms that Mr. Galland was not wearing a seat belt. Investigators have yet to conclude whether alcohol or excessive speed might have contributed to the deadly roll.

Trucks like Mr. Gallands are twice as likely to roll than passenger cars. Moreover, nearly half of all highway fatalities are the result of rollovers. For truck drivers, the risks are real and the consequences can be deadly. If you or a loved one have been involved in a rollover, contact the personal injury experts at Fears | Nachawati. You need expert advice! For a free consultation, call at 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help!

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Based on 15 years of patient records, doctors and nurses at University Hospital in San Antonio concluded in a medical journal, Annals of Surgery, that pit bulls are more dangerous than other dogs. All four dog-related deaths in the study period were the result of just one breed: pit bulls. As the study concluded, “There seems to be a distinct relationship between the severity and lethality of an attack and the breed responsible.”

As the experts say, pit bulls are incredibly dangerous. If you or a loved one are bitten by a pit bull, you need to act immediately. Contact the experts at Fears | Nachawati. Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. We’re ready to help you!

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In the early morning hours last Sunday a San Antonio man died when he was struck by a Union Pacific train. This tragic accident was particularly unusual because it was one of three Union Pacific accidents during the earlier morning hours. A short time after the fatal accident, a UP train slammed into a vehicle which had stalled on the tracks, and 10 minutes afterward, an eastbound UP train struck a basketball hoop stand which had fallen over the tracks. Three accidents in the same night is unusual and suggests to some safety experts that Union Pacific may be careless with its routes and timetables.

In 2010, U.S. train companies were involved in more than 11,000 accidents and killed more than 700 people. Moreover, last Sunday’s accidents are not statistically unique: more than 95 percent of accidents in 2010 occurred at the intersection of highways and rails and nearly a thousand accidents occurred on yard track, just like the incident that took a life in San Antonio.

If you or a loved one have been injured by a train, you need a law firm that understands the unique complexity of railroad accidents. For excellent, experienced and expert representation, contact the professionals at Fears | Nachawati. Call 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help!

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Tragically, Austin cyclist Andrew Runciman was killed in a hit-and-run accident last week by a reckless motorist. As a testament to Mr. Runciman, an estimated 300 friends and fellow cyclists rode their bikes last week as a moving monument to the late Austinite.

Bicycling is more dangerous than many Texans realize. Every year, hundreds of American cyclists die and more than 50,000 sustain injuries; an incredible one in eight biking injuries are traumatic brain injuries.

Have you or a loved one been injured in a bicycling accident? Let Fears | Nachawati defend your rights! For a free consultation, call at 1.866.705.7584 or send an email to info@fnlawfirm.com. With years of experience and expertise, we can help!

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Retirement Value, a New Braunfels-based insurance company, is the latest fly-by-night financial firm to defraud hundreds of Texas investors. Offering a financial product known as a “life settlement”, Retirement Value claimed to connect financially distressed, elderly life insurance policyholders with investors looking for a high-return vehicle. In theory, the elderly policyholder would assign the value of the insurance policy to the investor in exchange for the investor assuming the premium obligations. In practice, however, Retirement Value absconded with investor funds, overstated the likely returns and saddled investors with millions in premium payments.

Have you been injured by Retirement Value or the dozens of other Texas insurance firms peddling unregulated financial products like life settlements? If so, contact the injury experts at Fears | Nachawati. We can help you recover what you’ve lost through fraud and abuse. Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. 

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