Hiring the Best Personal Injury Lawyer

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.

Texas theme park redesigns roller coaster that spawned dozens of personal injury lawsuits

The Rattler, a rollercoaster at the Fiesta Texas theme park in San Antonio, Texas, has undergone design changes. Park owners hope that the ride will be safer for park goers…resulting in fewer personal injury lawsuits that have bankrupted one of the builder’s subsidiaries.

 

The Rattler has an infamous history, a history that’s chockfull of personal injury lawsuits. Industry experts, such as Andrew Jakes, a certified safety consultant out of California, blames the rush to be the biggest, the best and scariest coaster. In the push to set a world record, parks sometimes open rides to the public before a sufficient number of tests have been performed.

 

By end of the first season of The Rattler’s being open to the public, park workers received hundreds of complaints of alleged injuries.

Randal Jackson, an attorney who has represented dozens of plaintiffs in their personal injury lawsuits against Fiesta Texas is highly critical of The Rattler. "If you had to design a device that injured people's necks and backs, you couldn't have done any better than the Rattler," says Jackson.

The majority of riders who later complained of injuries claimed they were hurt on the first drop of the coaster. The common complaints were of head, back and neck injuries. The first drop was initially a 166-foot fall. It has since been shortened to122 feet.

Michael Black, who is president of the contracting company that helped build the coaster defends the ride while admitting that the amount of force exerted by the ride was greater than the builders expected.

Says Black, "You got to look at it this way, a million people a year were riding that ride. (Fiesta Texas) got way less than 1 percent, maybe less than half a percent, of people complaining that they either got a sore neck or something worse from riding the ride. That's an extremely small portion."

That small portion, however, has spelled big trouble for Fiesta Texas and Michael Black’s subsidiaries declared bankruptcy in 1996 after being hit with more than 50 personal injury lawsuits.

For more detailed information about the Texas personal injury lawsuits filed against the park, click here.

The law firm of Fears | Nachawati represents accident victims in personal injury lawsuits. To receive a free legal consultation from a Texas personal injury attorney, email us at info@fnlawfirm.com or call us on our toll-free helpline at 1.866.705.7584.

Mother sues for change after daughter's near drowning on daycare fieldtrip

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.

Personal Injury Mediation - What should I expect?

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.

Personal Injury Claims - How long do I have to file suit?

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

 

 

Why Handling Your Own Personal Injury Claim is a Terrible Idea

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. 

 

Fears | Nachawati recovers for Child Injured from fall on Playground

The Fears | Nachawati Law Firm obtained a settlement on behalf of a child injured on a playground while attending daycare.  Our client's child was playing on the daycare's jungle gym when another child pushed her causing her to fall to the ground.  The child was severely injured from the fall and required emergency medical treatment.  The hospital's doctors determined that the child had a fractured humerus that required surgery.  Commonly, children are left in the trust of a daycare center during the workday.  However, a cause of action for negligence may arise if an investigation supports that the daycare's negligence caused the child's injuries.  If you or a loved one has a child injured while attending a daycare facility, 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.