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.

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 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.

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. 

 

NTSB official sees threat in cell phone use

If a family member has been injured because of negligence by a train operator, contact our law firm immediately for a free consultation and case analysis at 214-890-0711 or MN@fnlawfirm.com.  The Personal injury attorneys of Fears & Nachawati are standing by to assist you through this difficult time.

WASHINGTON (AP) -- The numerous safety violations that contributed to a deadly train crash in California last year have some federal officials asking whether the crash was an isolated incident or part of a more widespread problem, particularly with cell phone use by crew members.

A National Transportation Safety Board panel held a second day of hearings Wednesday concerning the crash that killed 25 people and injured at least 130. The crash occurred when a Metrolink passenger train failed to heed a red traffic signal and ended up on the same shared track with a Union Pacific freight train, officials said. The two trains collided head-on.

Federal investigators on Tuesday released the transcript of 43 text messages sent and received by the engineer of the Metrolink train, Robert Sanchez. The engineer also made four phone calls the day of the collision, federal records show.

Sanchez was killed in the crash.

Kitty Higgins, an NTSB board member, said that rules in place should have stopped Sanchez from using his cell phone while on duty. But inspections designed to deter cell phone use didn't seem to have much effect because people change their behavior when they know they're being watched.

"I think it's very widespread," Higgins said of cell phone use by train crews. "And I was not very impressed with the answer 'we don't know how to enforce this' (ban). We know it's an issue with the industry."

She said that cell phone use has become part of everyday life, so dealing with the problem won't be easy.

"It's ubiquitous. It's everywhere," she said. As she spoke, a cell phone rang in the hearing room, underscoring her point.

Before the accident, most rail companies had their own policies restricting cell phone use by crew members. Shortly after the wreck, the Federal Railroad Administration issued an emergency order banning use of cell phones and other electronic devices by rail workers on duty. Since then, agency inspectors have found six people who violated the rule, agency spokesman Rob Kulat said Wednesday.

The NTSB panel also heard from union officials who recommended that all passenger, freight and commuter trains employ two workers in the cab. Often an engineer works alone in the locomotive cab while the conductor is performing other duties.

"There are occasions where something's going to happen. A second set of eyes, in our opinion, would go a long way in preventing accidents," said William Walpert of the Brotherhood of Locomotive Engineers and Trainmen.

But Higgins expressed doubts about the union's recommendation. She pointed out that an accident involving another Metrolink train occurred weeks after the deadly September crash and the implementation of the new policy that put a second worker in the cab.

"I can understand from the unions' standpoint why they would like more employees driving these trains, but from a safety standpoint, I think the jury's still out as to whether that's the formula for solving this problem," Higgins said.

The United Transportation Union, which represents railroad, bus and mass transit workers, says it supports adding a second person and a camera so long as the cameras are "not used to arbitrarily impose discipline on the workers," said union spokesman Frank Wilner.

With a second person in the cab, "the probability of an accident goes down with that sort of peer pressure and the monitoring of each other," Wilner said in an interview.

Witnesses representing the California Public Utilities Commission said the commission conducted an audit of the Metrolink system in January 2009. The audit showed numerous reporting and record-keeping mistakes, which led the commission to recommend fines by the Federal Railroad Administration.

Of the 189 train collisions that occurred nationwide last year 163, or 86 percent, were caused by "human factors," according to Federal Railroad Administration statistics.

Rescue workers handle SUV-train accident

by Matt Mabe/The Star-Ledger
Monday January 19, 2009, 11:20 AM

A passenger train collided with a car this morning at a railroad crossing in Sea Girt, injuring the driver of the vehicle, a New Jersey Transit spokesman said.

The incident took place at 9:10 a.m. at the Washington Avenue crossing near the Manasquan border. New Jersey Coast Line train 4321 was on its way from Long Branch to Bay Head when it struck the 1997 Nissan Pathfinder, NJ Transit spokesman Dan Stessel said.

Rescue personnel from Manasquan and Sea Girt work to extricate the driver of a Nissan Pathfinder whose SUV was struck by a southbound NJ Transit train at the Sea Girt Avenue crossing as the train traveled from Spring Lake to Manasquan stations at about 9:15 a,m.

 

The sole occupant of the vehicle, William Nixon, 51, of Sea Girt, sustained head and leg injuries and was taken to Jersey Shore University Medical Center in Neptune, Stessel said. The severity of his injuries was not immediately known.

About 75 passengers were aboard the train, but there were no injuries reported. The passengers were able to board the next train headed south and continue to their destinations. The total delay lasted about an hour.

Stessel said the gates were working properly, but the car crashed through them for an unknown reason.

At Least 18 Killed in Train Collision in Los Angeles

Recently, the AP reported a tragic train wreck that killed 18 people. According to early reports, a commuter train hit a freight train head on. It is often difficult to tell early on what the cause of the collision may have been. However, one of the most important things to keep in mind is the importance of an early, thorough investigation into the crash. Inevitably, lawsuits will be filed in response to this deadly wreck. Any time suit is filed, liability is often a hotly contested issue. If the evidentiary state of the crash site is left in tact, it tends to shed more light on what actually happened. If you or a loved one has been involved in a train wreck or train collision, our lawyers would be happy to provide you with a consultation and explain the legal nuances involved in the aftermath of a deadly train crash. Fears | Nachawati Law Firm, Toll Free Phone 1 (866) 705-7584.
 

At Least 18 Killed in Train Collision in Los Angeles, California

Recently, the AP reported a tragic train wreck that killed 18 people. According to early reports, a commuter train hit a freight train head on. It is often difficult to tell early on what the cause of the collision may have been. However, one of the most important things to keep in mind is the importance of an early, thorough investigation into the crash. Inevitably, lawsuits will be filed in response to this deadly wreck. Any time suit is filed, liability is often a hotly contested issue. If the evidentiary state of the crash site is left in tact, it tends to shed more light on what actually happened. If you or a loved one has been involved in a train wreck or train collision, our lawyers would be happy to provide you with a consultation and explain the legal nuances involved in the aftermath of a deadly train crash. Fears | Nachawati Law Firm, Toll Free Phone 1 (866) 705-7584.