People often do not know where to turn when it comes to dealing with a serious personal injury case or finding the best or top injury lawyers.  Here are some factors you should consider when it comes to hiring a personal injury lawyer:

Factors important in hiring the Best Personal Injury Lawyer:

1.  Has the lawyer or law firm your are considering hiring ever tried a lawsuit?  If so, when was their last trial and what was the outcome? 

2.  Has the lawyer you are considering hiring ever been disciplined by the State Bar of Texas? (check www.texasbar.com)

3.  Has the lawyer ever completed a judicial clerkship--a prestiguous honor bestowed on only approximately 2% of lawyers in the nation?

4. Does the lawyer you are considering hiring sound well-informed and knowledgeable regarding personal injury law?

5. Has the lawyer ever settled a case or tried a case and obtained a significant recovery?

6.  Does your lawyer have the necessary resources to prosecute your case?

7.  Can you relate to the lawyer and does your intuition tell you that the lawyer is trustworthy?

8.  Where did the lawyer go to law school, and more importantly, what has the lawyer's practical experience been since law school?  Remember, years of experience does not necessarily mean a more competent lawyer.

This list of factors is non-exclusive.  The author of this article, attorney, Majed Nachawati, is frequently quoted by newspapers, media, and has been recognized as a top lawyer.  Mr. Nachawati is a former judicial law clerk and has settled and tried numerous lawsuits to verdict resulting in large recoveries for his personal injury clients. Questions or comments can be emailed to mn@fnlawfirm.com or by telephone - 1.866.705.7584.

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People often do not know where to turn when it comes to dealing with a serious personal injury case or finding the best or top injury lawyers.  Here are some factors to consider when considering whether hiring a lawyer:

Factors important in hiring the Best Personal Injury Lawyer:

1.  Has the lawyer or law firm your are considering hiring ever tried a lawsuit?  If so, when was their last trial and what was the outcome? 

2.  Has the lawyer you are considering hiring ever been disciplined by the State Bar of Texas? (check www.texasbar.com)

3.  Has the lawyer ever completed a judicial clerkship--a prestiguous honor bestowed on only approximately 2% of lawyers in the nation?

4. Does the lawyer you are considering hiring sound well-informed and knowledgeable regarding personal injury law?

5. Has the lawyer ever settled a case or tried a case and obtained a significant recovery?

6.  Does your lawyer have the necessary resources to prosecute your case?

7.  Can you relate to the lawyer and does your intuition tell you that the lawyer is trustworthy?

8.  Where did the lawyer go to law school, and more importantly, what has the lawyer's practical experience been since law school?  Remember, years of experience does not necessarily mean a more competent lawyer.

This list of factors is non-exclusive.  The author of this article, attorney, Majed Nachawati, is frequently quoted by newspapers, media, and has been recognized as a top lawyer.  Mr. Nachawati is a former judicial law clerk and has settled and tried numerous lawsuits to verdict resulting in large recoveries for his personal injury clients. Questions or comments can be emailed to mn@fnlawfirm.com or by telephone - 1.866.705.7584.

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An Arlington, Texas, mother is suing a daycare center after her daughter’s near drowning last year on a daycare field trip.

In 2008, Kyla Shellman, now 7, went on a field trip to an aquatic center with her then daycare Children’s Palace Christian Learning Center. During the field trip, Shellman fell into a 12-foot deep pool where she nearly drowned.

Shellman’s mother, Kendralyn Jessie, says that she noted Shellman’s inability to swim on the field trip permission form. Jessie also adds that she was led to believe the field trip was to a “splash park.”

Child Protective Services says that there was a lack of supervision during the trip. CPS also adds that Shellman was “placed in a situation that could have led to [her] death.”

Jessie is suing for change. She wants to see daycare center violations left online for a longer period of time so that parents can make a more informed choice when selecting care for their children.  Along with Shellman’s accident, Children’s Palace Christian Learning Center has close to 30 violations.

For more on this Arlington, Texas, lawsuit, click here to read the full story.

If you or a loved one has been injured due to the negligence of a third party, contact Fears | Nachawati today. We’re available by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

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Mediation in personal injury cases typically occurs after a lawsuit is filed, but before a trial before a jury or judge takes place.  Once an injury suit is filed, mediation is usually your last chance to resolve your case, absent a full-blown trial, and , many cases in fact settle at mediation.  During mediation, the mediator is a neutral arbiter between the parties and their goal is to try and resolve the injury claim in a manner that all parties can live with.  Your lawyer should explain to you how mediation works well in advance.  Typically, mediation lasts a half day or a full day, depending on the complexity of the case.  At the beginning of mediation, parties meet in one conference room where your lawyer makes a short presentation to the mediator and the party being sued concerning the facts of your injury case.  Sometimes, the attorney for the party being sued responds with a brief statement and the parties then break into separate rooms.  The mediator typically goes back and forth into separate conference rooms with monetary offers.  If the parties to the injury suit can come together on a settlement, the mediator drafts a short settlement agreement and the injury claim is finalized usually within 30 days following mediation.  If however, the parties are unable to come together on a fair settlement, the case will go to trial.  It is important to ensure your lawyer is willing to go the distance and take your case to trial if necessary.  Lawyers at my firm, Fears | Nachawati, attend mediation frequently, and more importantly, will absolutely take a case to trial if the negligent party (at fault party) is unwilling to pay a fair and reasonable settlement amount. If you have an injury claim and need legal help or advice, contact me at mn@fnlawfirm.com or by phone - 1.866.705.7584.

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In Texas, the amount of time a person has to file their claim or case with the courts varies according to the type of lawsuit or claim that is filed.  While there are limited exceptions to when limitations expires, a lawsuit or claim should be filed well ahead of the expiration of the applicable limitations statute.  The reasoning for filing well in advance is that many complications could arise in computing the time line, and once the limitations date expires, you generally lose your right to sue forever--something you do not want to happen.  General legal information on some Texas statute of limitations is listed below:

- Personal Injury - 2 years from date of injury

- Injury to Property - 2 years from date of injury

- Product Liability - 2 years

- Wrongful Death - 2 years from date of death

- Minors - does not begin to run until minor reaches age 18

Call the lawyers at Fears | Nachawati Law Firm if you have questions about your potential case and the proper calculation or the statute of limitations. 1.866.705-7584 or info@fnlawfirm.com

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Potential clients involved in an accident or injury claim that seek legal help or free advice from my law firm frequently ask this question--If I hire a lawyer and have to pay attorneys' fees, won't I end up getting less money in the end?

Nothing is guaranteed--however, I cannot remember a time when I had a client who, at first, was handling a claim on their own or was just about to settle with the insurance when they came to me with many questions and reservations about hiring a lawyer.  They trusted our law firm, and it proved to be worth it in the end.

A couple of questions should come to your mind (1) if you were in need of surgery, would you try to do the surgery yourself ? , (2) do you really have what it takes to take on Big Insurance and an insurance claims adjuster who handles thousands of claims a year?

Remember, the insurance adjuster is not under oath when they are dealing with you and they are frequently trained to do absolutely everything in their power to deny your injury claim or pay you as little as possible.  If you are thinking if it does not work out, I can always hire a lawyer later--think again. Commonly, people come in after trying to handle their injury claim with the "do it yourself" approach by giving the insurance company a statement unfavorable to their claim and missing crucial damages they are entitled to under the law. 

If you have an injury lawyer or law firm who works your claim diligently and aggressively, your decision to hire a lawyer is more often than not worth the time.  While most people are concerned about their property damage, I remind potential clients that vehicles can always be replaced, but you only get one body during your lifetime, if you do not look out for your health, who will?

Abraham Lincoln once said, "A man who represents himself has a fool for a client."  If you have legal questions or need help or need legal advice with your personal injury claim, feel free to email or call me - mn@fnlawfirm.com or 1.866.705-7584. 

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A 49-year-old woman has died from the flu, and hospitals are reporting a huge increase in the number of flu cases

Dallas County health officials said the woman was sick with the flu and a bacterial infection called MRSA.

Health department officials did not have any reported flu-related deaths last year. But Dr. John Carlo, of the department's medical director, said keeping flu statistics is difficult because hospitals and other facilities do not have to report their cases.

"Unfortunately, the flu is not really reportable, so we don't get all flu infections, especially the ones in adults that ultimately cause death." he said.

Carlo said close to 36,000 Americans die every year from the flu.

Cook Children's Hospital said it has seen 547 cases of the flu, the majority of which were reported in the last two weeks.

Dr. Jason Terk said there are two types of influenza, both of which hit at the same time this year. Type A usually comes in early January, with Type B arriving in late February.

"Often times we have a break between influenza A and influenza B season," Terk said. "We're getting hit pretty hard."

Symptoms of the flu are coughing, sneezing, runny nose, headaches and body aches. Terk said the virus can spread easily if people are not careful.

"It's all about keeping your hands clean and good hygeine," he said.

But doctors say prevention is of the upmost importance and stress the importance of vaccinating children.

"Every year we have otherwise healthy children who have no risk factors die from the flu," Terk said. "It's terribly important to get the vaccine."

Terk said it is not too late to get vaccinated. The flu season does not end until late March or early April. Terk also said people will not get sick from the vaccine, a common myth.

The loss of a loved one can be devistating to a family. You need a Law Firm that is experienced in Wrongful Death Cases and has the resources to fight for you.  The Attorneys at the Law Firm of Fears & Nachawati are standing by to assist you.  Contact us at 214 890 0711 for a free consultation and case analysis.

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In a sadly ironic twist, more than 200,000 children ages 14 years and younger visit U.S. emergency departments each year as a result of accidents that occur at destinations intended for fun: playgrounds at home, at school and in public areas.

Doctors at Texas Children's Hospital emphasize there are more measures parents and caregivers can take to increase the odds of a healthy recreational experience for youngsters, from the playground's initial design to its everyday use.

"Once the playground is isolated from nearby streets, an efficient layout is essential," says Dr. Paul Sirbaugh, an emergency medicine services physician at Texas Children's Hospital and assistant professor of pediatrics at Baylor College of Medicine, Houston, Texas. "Some areas will naturally be more popular than others, and should be separated to avoid congestion. It's safer if active play zones are set apart from calmer spots. Because user age is also a consideration, areas for older children need to be placed away from areas with younger kids."

Dr. Sirbaugh recommends careful selection of play components in a pattern that provides ample space to enter and exit the equipment. "Avoid any equipment or accessory made with angles or openings that could trap or squeeze any part of a child's body," he says. "Install guardrails on elevated platforms, and select sturdy hand grips that are specifically designed for use by children."

Once playground equipment is assembled and installed according to the manufacturer's directions, regular inspection and maintenance are critical. "A seemingly minor glitch such as a missing bolt, rusted hinge, worn chain or rotten beam can signal an accident waiting to happen," Dr. Sirbaugh says. "Likewise, careless litter – cans, glass or wires – can cause or compound an injury. The same is true of environmental nuisances such as exposed roots, loose rocks or standing puddles."

Because falling is a contributing factor to about 70 percent of playground injuries, Dr. Sirbaugh says supple surfaces, such as wood chips or sand, are optimum and should be refreshed as needed. "Hard surfaces with no 'give,' such as asphalt and concrete, are dangerous," he says. "Soil, grass and dirt may look attractive, but their cushioning qualities will diminish with time and weather."

If you or a loved one has a child injured, contact our law firm for legal help or free information concerning your legal options.  Contact us toll free at 1 (866) 705-7584 or by email today to learn about your legal options or to see if you have a case.

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Late this afternoon, Candace Carlisle reported in the Denton Record Chronicle that a home-based day care in Denton had more than twice the number of children it was allowed by law when a 4-month-old girl died there this week, a state investigation shows.

Too Kool 4 School Kids Club Day Care in the 2200 block of Palomino Court is closed pending the outcome of a state investigation. The center received a permit in August and had a capacity for 12 children, said Marissa Gonzales, a spokeswoman for the state’s child care licensing division. Thirty children were inside the facility when the girl died Wednesday afternoon.

The Tarrant County medical examiner's office has since identifed her as Sophia Worsham of Denton. A child care worker was sitting with Sophia on the floor, went to pick her up so she could answer a knock at the door, and noticed the baby was limp and not breathing, said Denton police   Ryan Grelle.

The infant was later pronounced dead at a nearby hospital. There were no signs of foul play and criminal charges probably will not be filed for the death, Grelle said. Police are awaiting autopsy results from the medical examiner’s office. The licensing agency is investigating allegations that the center was shuffling children back and forth with another day care facility.

All too often day care attendants leave babies unattended for a short period resulting in a tragic accident or death.  Often times, a claim for negligence may arise in situations where toddlers are at left alone or a daycare's superviser neglects a toddler or a chidren's welfare.

The Fears | Nachawati Law Firm has had successful experience representing loved ones of children injured or neglected while in the care of a daycare facility.  For more information, call our attorneys at 1.866.705.7584 or email for help at mn@fnlawfirm.com.

The Dallas Morning News staff writer Joanna Cattanach contributed to this report.

The full article can be read here: 

http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/011009dnmetdaycaredeath.be8e7ac.html

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