General Motors Prepares Settlement Procedures for Victims of Faulty Part

Pictured above: Mykia Jordan, a victim of GM's faulty ignition switch that has affected hundreds, even thousands of people. Courtesy of NYT

The New York Times reported Sunday morning on General Motors' plan to compensate victims who were injured by the company's faulty ignition switches. GM has recently faced intense scrutiny and backlash after it was found out that several employees knew about the faulty part and yet knowingly allowed them to be produced and installed in cars. 

This reckless and irresponsible action on the company's part has ultimately led to numerous injuries and deaths. GM has publicly linked 54 accidents and 13 deaths to their employees' irresponsible behavior. In a filing with the Securities and Exchange Commission (SEC), General Motors listed a lawsuit that was filed on behalf of Haley Elise Van Pelt, who at 17 years old was in an accident caused by a faulty part. The New York Times writes that the accident caused a "catastrophic brain injury" to Van Pelt, leaving her with more than $1 million in medical bills since her 2003 accident. 

23-year-old Mykia Jordan, another victim, was in a car accident that left her in a coma for three weeks and has left her with a permanent limp that requires a cane. Her baby was in the Chevrolet Cobalt with her but was miraculously unharmed. 

GM has hired Kenneth R. Feinberg, a leading victim-compensation expert, to take on the task of preparing settlements and distributing to victims and their families. The company has a clear reason to initiate settlement procedures; GM will save much more money if the drivers and passengers of the 2.6 million recalled vehicles don't initiate litigation through their own attorneys. The company will look at a combination of medical expenses, wages lost and pain and suffering that occurred as a result of an accident that involved one of their faulty parts. According to the NYT, industry experts expect that those who try to litigate their case and forego the settlement that GM proposes will likely face an aggressive and lengthy, although not impossible, fight in the courts. 

(Pictured below: An example of the potential damage that could be done because of a failing ignition switch. Courtesy of the NYT) 

If you or someone you know has been injured by a recalled product, merely sending the product back for a replacement or refund is unlikely to be an adequate response. Rather, an individual injured by a recalled product is likely entitled to greater compensation under the law. This likelihood is particularly true because large corporations that produce defective products normally carry large insurance policies for the benefit of the consumers that their products might injure.

If you or someone you know has been injured by a recalled or defective product, you deserve to understand the full extent of your legal rights and the compensation you may be entitled to receive. In such cases, you may be subject to a pressing statute of limitations (the deadline to make a claim), or you may be at risk of losing evidence critical to your case; therefore, it is essential that you act quickly to preserve your rights. The attorneys at Fears | Nachawati are national leaders in product recall cases and will be happy to assist you. For a free attorney consultation, please call 1.866.705.7584 or send an email to mn@fnlawfirm.com. 

 

Two Killed and One Injured in a Motorcycle Crash in Willacy County

Two were killed in a crash that occurred in Willacy County on Friday, January 17th 2014. Davis John, age 60, and Gilles Girard, age 69, were riding in a group of motorcyclists from Canada. They were driving along Farm-to-Market Road 490 just east of Farm-to-Market Road 1015. The wife of Davis John was also hit and was reported to be in intensive care. It was said that a Cadillac Escalade crossed into oncoming traffic and hit their group of motorcyclists. 

Legal Commentary
In this situation there arises a potential civil case. The families of the victims should consult with an experienced personal injury and/or wrongful death attorney to file claims against the person at fault to help the families pay for costly medical and funeral expenses. From a civil standpoint, our firm has represented numerous individuals and families who are affected by motor vehicle accidents. Although no monetary amount can compensate for a lost loved one, a successful civil claim against the at-fault driver will enable the victim’s family to cover any medical or final expenses, leaving them more time to focus on the grieving process during this trying time. If you or a loved one has been affected by this accident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com, or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in automobile accidents, workplace accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as aSuper Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

Dog Attack Kills One and Injures Two

As 3 people, 2 women and one man, were walking through a neighborhood one night around 2 am, 2 dogs attacked them. They were walking near the 8200 block of Leonora near Glen Prairie in Houston. The mauling led to the death of one woman—she was declared dead at the scene—serious injuries in the other—she was transported to Ben Taub Hospital—and minor injuries to the man. Houston Animal Control was able to respond and they caught one of the dogs. Officers returned to the scene to speak with the owner of the dogs, but he had fled and is presumed to have taken the other dog with him.

Legal Commentary
The victims of this accident and their families should contact an attorney at Fears | Nachawati to file personal injury civil claims against the dog’s owner for his negligence in properly containing his animals. A civil claim would require the owner to compensate the victims for medical expenses, pain, suffering, and anguish experienced during and after the attack, as well as funeral expenses for the women who was killed. If you or a loved one was affected by this accident or have had a similar experience, the successful personal injury attorneys at the Fears | Nachawati Law Firm can provide you with the legal expertise and representation necessary to effectively pursue a claim against the responsible party. For more information or to set up a free consultation call us at our office 1.866.705.7584 or send an email to the lead personal injury lawyer Majed Nachawati at mn@fnlawfirm.com.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in general personal injury claims, wrongful death, work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving general personal injuries, catastrophic motor vehicle accidents, wrongful death, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com.

Ruben Pugo-Garcia Killed While Inspecting a Manhole

On Wednesday December 18th 32-year-old Ruben Pugo-Garcia and another worker were performing an inspection of a manhole that afternoon in the 14400 block of John Day Road in Fort Worth. A gold Ford Thunderbird driving northbound failed to see the workers and struck Garcia and their work truck. Garcia was pronounced dead at the scene of the accident and the other worker was transported to John Peter Smith Hospital with serious injuries. 

Legal Commentary
Unfortunately, workplace fatalities and injuries happen all too often, especially when it involves working around motor vehicles. In this situation, the most pertinent legal matter to pursue is a civil case. From a civil standpoint, our firm has represented numerous families who are the victims of workplace, and motor vehicle accident tragedies. The worker and the family of Ruben Pugo-Garci should consult with an attorney to file a suit against the responsible party. A successful civil claim will enable the victims and the victims’ families to cover all of the medical and/or final expenses. A successful claim can also cover time lost from work and pain and suffering caused by the injuries received from the accident. Although no monetary value can ever compensate for the life of Ruben Pug-Garcia, a successful claim will allow the family to be unburdened by medical expenses, giving them more time to focus on the grieving process. If you or a loved one was affected by this incident, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in workplace accidents, automobile accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous workplace motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

Construction Worker Lewis Winston Killed on Interstate-37

On Wednesday December 18th around 5:00 am a 36-year-old construction worker, Lewis Winston III was hit by a car and killed while he was working in a construction zone along the Highway. He was working in San Antonio on the southbound lanes of Interstate 37 near Loop 410 collecting signs in the construction zone. He was hit by 23-year-old Isaac Nathaniel Diaz who was driving a 2003 Chevrolet Cavalier. He told police that a Toyota Camry shifted lanes in front of him, suddenly cutting him off. Diaz attempted to steer to the shoulder to avoid the wreck but lost control of his vehicle, hit Lewis Winston then slammed into the retaining wall. Winston died a short time later at the scene. Below is a map of the approximate location of the accident:

 


View Larger Map

Continue Reading...

Young Teen Candice Ortiz Killed in a Rollover in Lynn County

Cari Rodriguez, a teen from O’Donnell was involved in an accident that took her life on Friday December 13, 2013 in Lynn County on Farm-to-Market Road 1054. Cari Rodriguez, age 18 (as shown in the picture to the left--courtesy of Michelle Lee Barrientos/Facebook), was in a vehicle with Candice Ortiz, age 16, and Jaime Morado, age 18. They were driving along Farm-to-Market Road 1054 around 10 pm when Ms. Rodriguez lost control of the car on a curve causing the vehicle to rollover and crash into a utility pole. Candice Ortiz was rushed to Lubbock hospital with critical injuries where she was later pronounced dead. Jaime Morado was transported to Lames Hospital to be treated and was released on Saturday. Rodriguez was also injured but her conditions were not released.

Legal Commentary
In this situation there is a potential civil case. The terribly unexpected death of Mr. Stevens will most likely follow with pain and suffering of the victim’s family, possible lost wages from family members, and costly funeral expenses. From a civil standpoint, our firm has represented numerous individuals and families who are affected by motor vehicle accidents. The family of Mr. Stevens should consult with an attorney to file claims against the driver at-fault. Although no monetary amount can compensate for a lost loved one, a successful civil claim against the at-fault driver will enable the victim’s family to cover any medical or final expenses, leaving them more time to focus on the grieving process during this trying time. If you or a loved one has been affected by this accident, or one similar, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com, or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in automobile accidents, workplace accidents, wrongful death cases, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous motor vehicle accident cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by sending an email to mn@fnlawfirm.com or by calling 1.866.705.7584.

 

Two Workers Killed in Southern Texas by an Oil Storage Tank

Most get into a habitual routine each day; drive to work, work, eat lunch, work, and drive home. This routine is common for most full time workers. No one expects to go to work, never to return home. Work accidents are always sudden, unexpected, often tragic, and unfortunately quite common. On Sunday December 15th two workers employed by Tarsco Inc. (a subcontractor for Trafigura) were killed by the collapse of an oil storage tank owned by Trafigura. The accident occurred on Southern Minerals Road near I-37 Just outside of Corpus Christi, TX. Around 3 PM on Sunday these two workers, Andres Olivarez (57) and Colton Huff (19), were welding a metal lid on top of the structure near the I-beams. These beams suddenly collapsed causing Olivarez and Huff to fall 60 feet and the oil tank to fall after them. Both workers died at the scene. Below is a map of the approximate location of the accident:


View Larger Map

Continue Reading...

Pedestrian Max Mitchell Killed by a Garbage Truck

Every week garbage trucks visit our neighborhoods. Their trash routes are very routine and normally uneventful, except for the occasional dropped trash bin. However routine a garbage man’s route is, accidents can always occur. Many were shocked and saddened by the sudden and accidental death of one of Coleman’s own residents. Max D. Mitchell was killed by a garbage truck on Thursday December 12, 2013. The accident occurred on U.S. Route 80 near Bandera Park Drive (below is a map of the approximate location of the accident). Around 10:40 AM that morning the driver, accidentally backed over the pedestrian Max Mitchell—he was declared dead at the scene.


View Larger Map

Continue Reading...

Mr. Stevens Killed in a Head-On Collision with Desiree Perez and 5 Year Old Son


View Larger Map

As you get into a car, for some this may be everyday, you usually do not expect to end up in an accident. In fact, many get into such a routine that the trip to work or daily errands become automatic, and may even feel they are running on autopilot, some not even recalling most of the drive once they reach their destination.  Unfortunately for some this routine is disrupted by the unexpected.  Car accidents are common but always unanticipated, especially when driving through a countryside with few cars in the surrounding area. Ms. Desiree Perez was driving a Chrysler with her 5-year-old son along Route 141 just west of Kingsville TX. As she attempted to pass another car she hit the oncoming traffic head-on. The oncoming vehicle, a Honda Civic, was driven by Zack Stevens, age 57 and a resident of Corpus Christi. Mr. Stevens died at the scene and Ms. Perez and her son were sent to the hospital with serious injuries. Above is an approximate location of the crash. 

Continue Reading...

A Four Story Fall Kills Angel Garcia at the Texas A&M Kyle Field Construction Site

A 25 year old man Angel Garcia tragically passed away from an incident at a construction site where he was working. He fell four stories while he was working at the Kyle Field construction site on Texas A&M stadium. Garcia was working for Lindamood Demolition when he fell from the north end of the stadium around 11:25 am on Tuesday. After the fall he was quickly taken to St. Joseph Regional Health Center in Bryan, but the attempt to save him was futile, unfortunately he did not survive his major injuries. After this accident the job site was shut down.

Continue Reading...

Elizabeth Macey killed by Derrick Paul Jackson in a drunk driving accident on Thursday November 28, 2013 on Oakland Boulevard near Pyron Avenue in Fort Worth

Elizabeth Macey, age 56, was killed on Thanksgiving night around 7 p.m. in a drunk driving accident. A 1999 Buick, driven by Derrick Paul Jackson, age 20, hit Ms. Macey in her 1999 Nissan Sentra as he was driving northbound on Oakland Boulevard near Pyron Avenue just East of Forth Worth. He crossed the center line and hit her head-on. Ms. Macey was taken to John Peter Smith Hospital but sadly died from her injuries. Following the incident Mr. Jackson was arrested and also charged with intoxication manslaughter. Below is a map of the approximate location of the accident:

 


View Larger Map

 

Continue Reading...

Life Threatening Inferior Vena Cava (IVC) Filter Reported to Break and Migrate Through the Body

The Inferior Vena Cava (IVC) Filter, a small cone-shaped device, is used to help prevent pulmonary emboli—the blockage to the pulmonary artery. The device is implanted in the inferior van cava just below the kidneys. The IVC works by trapping the clot and permitting blood to continue flowing around it; natural anticoagulants then break down the clot over time. While this may seem like a good alternative treatment for these clots, this device has been reported to be potentially life threatening in certain cases. IVC Filters have been shown to have pieces break off and embolize, or cause another blockage, in the patient’s body. Since the device introduction in 2005, it has been updated to correct this life threatening problem. However, further research on this updated device (known as the Bard Recovery of the Bard G2 vena cava filter) has continued to show fragmenting and embolism from this updated IVC device. In fact, one study showed that 25% of patients with updated implanted filters still experienced a fracture in their device. Of those pieces, 71% would migrate to the heart, causing life threatening symptoms such as rapid heartbeat, a buildup of fluid, and even sudden death.

Legal Commentary
From a civil standpoint, our firm has represented numerous families who are the victims of the dangerous and life threatening effects from the IVC filter. If you or a loved one has experienced any of these problems because of an implanted or removed IVC filter, we encourage you to consult with one of our IVC Filter attorneys as soon as possible. A successful civil claim that is pursued against the responsible party will ensure the victims are not burdened with costly medical expenses, and hopefully will compensate them for their pain, suffering, and lost wages for time missed from work. Further questions can be directed to the Fears | Nachawati Law Firm by emailing the lead IVC Filter lawyer, Majed Nachawati at mn@fnlawfirm.com, or by calling our office at 1.866.705.7584.

About the Author
Majed Nachawati is a preeminent Pharmaceutical Products Liability Lawyer with a focus on representing IVC Filter victims and families harmed by dangerous implantations on a nationwide basis. Mr. Nachawati has resolved numerous cases through trials and settlements that have resulted in seven and eight figure confidential settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas, and is in most federal courts in the nation and holds specific licenses in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leaders’ Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four consecutive years for legal excellence, in connection with pharmaceutical injury cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be reached by email at mn@fnlawfirm.com or by calling 1.866.705.7584.
 

 

Death in Dementia Patients Caused by Risperdal Fraudulent Marketing for Unapproved Uses

For more than a decade Risperdal has been promoted for unproven off-label uses. Although doctors may have a legal right to prescribe drugs for some off-label purposes, drug companies are not legally entitled to promote or market drugs for purposes other than those approved by the Food and Drug Administration (FDA). Through salespeople, sent out by Johnson & Johnson (J&J), many drug prescribing facilities were told that Risperdal was commonly used as a miracle drug for dementia and other mental illnesses. Although the FDA reportedly told J&J to discontinue these unapproved, false, and misleading marketing uses on three different occasions, J&J continued promoting it—despite the warnings. Furthermore, while Risperdal was approved as treatment for some mental illnesses by the FDA, dementia was not on the list for approved uses. In fact, Risperdal was shown to increase the chance of death in many dementia patients, but J&J continued to promote Risperdal for dementia, despite these dangerous side effects and continual warnings from the FDA. J&J is now involved in a multi-billion dollar settlement with the U.S. Justice Department because of this fraudulent marketing.

 

Legal Commentary

From a civil standpoint, our firm has represented numerous families who are the victims of Risperdal’s dangerous side effects. The use of Risperdal for off-label purposes has been said to be the cause of many dangerous side effects and psychological symptoms which may impact an individual’s quality of life. If you or a loved one have taken Risperdal for these off-label purposes and have experienced dangerous side effects, we encourage you to consult with one of our Risperdal attorneys as soon as possible. A successful civil claim pursued against the responsible party will ensure the victims are not burdened with costly medical expenses, and will hopefully compensate them for their pain, suffering, and lost wages for time missed from work. Further questions can be directed to the Fears | Nachawati Law Firm by emailing the lead Risperdal lawyer, Majed Nachawati at mn@fnlawfirm.com, or by calling our office at 1.866.705.7584.

 

About the Author

 

Majed Nachawati is a preeminent Pharmaceutical Products Liability Lawyer with a focus on representing Risperdal victims and families harmed by dangerous drugs on a nationwide basis. Mr. Nachawati has resolved numerous cases through trials and settlements that have resulted in seven and eight figure confidential settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas, and is in most federal courts in the nation and holds specific licenses in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leaders’ Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four consecutive years for legal excellence, in connection with pharmaceutical injury cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be reached by email at mn@fnlawfirm.com or by calling 1.866.705.7584.

Oscar Alfaro Killed in Liberty County Workplace Accident at Scrap Yard

Oscar Alfaro, 55, was killed in a workplace accident in a scrap yard at 10:00 a.m. Wednesday, October 23, 2013. The accident occurred when a bucket loading tractor was moving scrap and the boom pinned Mr. Alfaro against the stabilizer leg. According to the Liberty County Sheriff’s Department, a piece of metal was hurled into the cab and pinned down a pedal; causing the boom to swing. Mr. Alfaro was pronounced dead at the scene. Legal information about this accident can be emailed to us here.

 


Below is a map of the area where the accident took place:

 


View Larger Map

 


Legal Commentary

Unfortunately, workplace fatalities and injuries happen all too often. In this situation, the most prevalent legal matter to pursue is that of a civil case.
From a civil standpoint, our firm has represented numerous families who are the victims of workplace accident tragedies. The family of Mr. Alfaro should most certainly consult with an attorney to file a wrongful death claim against Mr. Alfaro’s employer. While no dollar amount will reverse the death of Mr. Alfaro, a successful civil claim against this company will enable Mr. Alfaro’s family to cover all of his medical and final expenses; leaving them more time to focus on the grieving process during this difficult time for them.

Further questions can be directed to the Fears | Nachawati Law Firm by clicking here, or by calling our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in wrongful death lawsuits, workplace accidents, automobile accidents, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous wrongful death cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

Driver Killed While Observing Wreck in Houston on I-60 at Ashland

A driver was killed Sunday, October 20, 2013 at approximately 3:25 a.m. in Houston on Interstate 610 at Ashland Street, according to police. The initial accident occurred when a Toyota Camry and a Chevrolet sedan collided, according to the Houston Police Department. Subsequently, when the driver of the Camry got out to survey the scene, he was struck and killed by a third car. No other injuries were reported, and names of the parties involved have yet to be released. Legal information regarding this crash can be emailed here.


Below is map depicting the location where the accident occurred:

 


View Larger Map

 

Legal Commentary

While tragic, fatal car accidents happen quite often. In this particular situation, the family of the deceased victim could potentially pursue a wrongful death civil claim against the driver responsible for their family member’s death.
From a civil standpoint, our firm has represented our firm has represented numerous families who have been directly affected by fatal automobile accidents. The family of the deceased victim should most certainly consult with an experienced wrongful death attorney to file a wrongful death claim against the negligent driver who caused this accident. While no amount of compensation will revive the victim, a civil claim settlement will provide the victim’s family with the financial support needed to cover medical and final expenses; enabling them to focus on grieving the loss of their family member, and not the financial burden that typically accompanies the unexpected death of a loved one.
Further questions can be directed to the Fears | Nachawati Law Firm by clicking here, or by dialing our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in wrongful death lawsuits, automobile accidents, workplace accidents, and product liability claims in Houston and throughout the state of Texas. Mr. Nachawati has resolved numerous wrongful death cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

Caleb Tate, 20, Killed in Motorcycle Wreck on Southwest Parkway in College Station

Caleb Tate, a 20-year-old Texas A&M cadet and student, was killed on Wednesday, October 15, 2013 on Southwest Parkway when the motorcycle he was driving collided with a car that pulled out in front of him unexpectedly. The accident occurred at approximately 5:30 p.m., near the intersection of Southwest Parkway and South Texas Avenue. Mr. Tate was not wearing a helmet at the time of the accident, and was taken to College Station Medical Center, where he was pronounced dead. The car driven by an 18-year-old and the driver’s 20-year-old passenger did not sustain life threatening injuries, and their names have not been released at present.
Legal information about this accident can be emailed to us here.

Below is a picture where the scene of the accident occurred, courtesy of kbtx.com:

 

 

Pictured below is a map where the accident took place:

 


View Larger Map

 

Legal Commentary

Unfortunately, motorcycle and automobile collisions happen quite frequently; often as a result of a driver’s failure to yield correctly or see the motorcyclist. In this scenario, a potential civil case could evolve due to the negligence of the driver operating the car. Although Mr. Tate was not wearing a helmet at the time of the accident, liability still rests on the driver of the automobile for failing to exercise caution, and pulling out in front of the motorcyclist unexpectedly.

From a civil perspective, our firm has represented numerous families who have been directly affected by fatal motorcycle tragedies. The family of Mr. Tate should most certainly consult with an experienced wrongful death attorney to file a wrongful death claim against the negligent driver who caused this accident. While no amount of compensation will revive Caleb Tate, a civil claim settlement will provide his family with the financial support needed to cover Mr. Tate’s medical and final expenses; enabling them to focus on grieving the loss of their family member, and not the financial burden that typically accompanies the unexpected death of a loved one.
Further questions can be directed to the Fears | Nachawati Law Firm by clicking here, or by dialing our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in wrongful death lawsuits, workplace accidents, automobile accidents, and product liability claims in College Station and throughout the state of Texas. Mr. Nachawati has resolved numerous wrongful death cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past five years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

Loree Jackson of Graham and Michael Hood of Bridgeport Killed in Texas 114 Wreck Outside of Olney

Loree Jackson and Michael Hood were killed in a head-on collision Wednesday, October 16, 2013, just after 6 a.m. on Texas Highway 114. According to the Texas Department of Public Safety, the accident occurred when the pickup truck driven by Hood, 44, crossed the highway’s center line and struck the pickup driven by Jackson, 46, head-on. Both motorists were killed on impact, according to state police. Legal information about this crash can be emailed here.

Below is a map indicating the location of the accident:

 

 


View Larger Map

 

 
Legal Commentary

While tragic, head-on collisions happen quite frequently. In this situation, it would be in the best interest for the family of Ms. Jackson to pursue a civil claim against the family of Mr. Hood and his insurance company. Although no amount of compensation will bring Ms. Jackson back, a reward settlement will help her mourning loved ones by ensuring they do not have to pay out-of-pocket for medical expenses and final expenses. A civil claim will filed by an experienced wrongful death attorney will enable the family of the victim to concentrate on mourning their loss and finding closure by eliminating stress in regards to medical and funeral bills.

From a civil standpoint, our firm has represented numerous families who are the victims of wrongful death accidents. Further questions can be directed to the Fears | Nachawati Law Firm by clicking here, or by calling our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in wrongful death lawsuits, automobile accidents, personal injury accidents, work place accidents, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous wrongful death and automobile accident cases through trial and settlement that have resulted in seven and eight figure confidential settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas, and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four consecutive years for legal excellence, in connection with automobile accidents and personal injury cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be reached by email or by calling 1.866.705.7584.

 

Antral Franklin, 33, Killed from Gunshot Wound at Williams Chicken restaurant at 3009 Martin Luther King Jr. Boulevard in Dallas

Antral Franklin suffered a fatal gunshot wound to the chest on Sunday, October 6, 2013 at Williams Chicken, located at 3009 Martin Luther King Jr. Boulevard in Dallas, TX. According to the police report, the assailant entered the restaurant and pointed a handgun at Franklin, an employee at Williams Chicken, and fired multiple rounds. Witness Marcus Harris stated that he was walking toward the restaurant when he saw the two men run outside; the suspect shooting at Franklin. At present, the shooting suspect is still at large. The biggest lead police have on the suspect is that he escaped the crime scene driving a four-door Toyota sedan. Legal information and inquiries can be emailed to us here.


Below is a picture and a map, respectively, of the location where the shooting occurred:

 

 

 


View Larger Map

 

 

Legal Commentary

It is very saddening that this altercation had to end in fatality. In this type of incident, two legal matters arise: a possible civil case, and a potential criminal charge. Reports indicate that investigators and police are still trying to locate the suspect. Criminal charges will likely be brought against said suspect once the case is handed over to the district attorney.
From a civil perspective, our firm has represented numerous families who have fallen victim to senseless shootings like the one mentioned above. The family of Mr. Franklin should most certainly meet with a lawyer to file a wrongful death claim against the suspect once he is in custody. While compensation cannot undo what has already been done to Mr. Franklin and his family, it can ensure that Mr. Franklin’s loved ones are not inconvenienced by costly medical bills and final expenses for their slain loved one; and can give the family a further sense of justice for the victim in, addition to the criminal charge(s).

Further questions can be directed to the Fears | Nachawati Law Firm by clicking here, or by dialing our office at 1.866.705.7584.

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in wrongful death lawsuits, workplace accidents, automobile accidents, and product liability claims in Dallas and throughout the state of Texas. Mr. Nachawati has resolved numerous wrongful death cases through trial and settlement that have brought seven and eight figure confidential reward settlements. His is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be contacted by email or by calling 1.866.705.7584.

Justin Kaufman, 24, Killed on Bicycle by Motorist at 11500 Block of Lake June Road in Balch Springs

Justin Kaufman was killed by a motorist while riding his bicycle on Saturday, October 5, 2013 in the 11500 block of Lake June Road in Balch Springs, shortly after 10:00 p.m.; according to police. The motorist was apprehended and arrested shortly after the incident; however investigators have yet to release the person’s name and have not specified the pending charge(s). Legal information about this accident can be emailed to us.


Below is a map where the incident occurred:

 


View Larger Map

 


Legal Commentary

It is unfortunate that this young man’s life was taken so quickly and unexpectedly. Unfortunately, bicycle accidents involving motorists happen all too often; usually as a result of recklessness or negligence on the part of the motorist. In accidents such as this one, two reciprocating legal matters arise: a potential criminal case and a potential civil case. Reports indicate that investigators are in the process of filing criminal charges against the motorist; they just haven’t made the details public knowledge at present.
From a civil standpoint, our firm has represented numerous families who have been victims of tragic motor vehicle accidents such as the one described above. The family of Mr. Kaufman should most certainly file a wrongful death claim against the driver deemed responsible for this fatal accident. While compensation will not bring this young man back to his loved ones, filing a civil claim will enable Kaufman’s family to handle all of his medical and final expenses, without being burdened with out-of-pockets payments. A civil claim will eliminate financial inconveniences, and will give this family the time needed to focus on grieving the loss of this young man.


Further questions regarding this matter can be directed to the Fears | Nachawati Law Firm by clicking here, or by calling our office at 1.866.705.7584.


About the Author

Majed Nachawati is preeminent wrongful death lawyer with a focus on representing victims and families involved wrongful death lawsuits, workplace accidents, automobile accidents, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous wrongful death cases through trial and settlement that have resulted in seven and eight figure confidential settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Courts of Texas and Arkansas and is licensed in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyer’s Association, the Board of Directors for Public Justice, and a Leader’s Forum and PAC member of the American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four consecutive years for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of the Million Dollar Advocates Forum. Mr. Nachawati can be reached by email or by calling 1.866.705.7584.

Halbert Fanning Jr., 90, Killed by Jonathan Miquel Scott in Hit-and-Run at 8th Street and Meadow in Odessa

Halbert Fanning Jr. was tragically killed in a hit-and-run incident on Monday, September 30, 2013 at the intersection of 8th Street and Meadow in Odessa, Texas. Preliminary reports indicate that Jonathan Miguel Scott, 21, was driving a Ford Crown Victoria when he struck Fanning. According to the Odessa Police Department, Scott left the scene of the accident and subsequently abandoned his car in a nearby parking lot. Fanning died at the scene, and Scott is still at large. Any information pertaining to Jonathan Miguel Scott’s whereabouts should be directed to the Odessa Police Department. Legal information about this crash can be emailed to us.

Below is a map where the hit-and-run occurred:

 

 

View Larger Map

 

Legal Commentary

While tragic, hit and run accidents occur quite frequently. In these situations, two corresponding legal matters arise---a possible civil case and a possible criminal case. Reports indicate that police are still trying to locate Mr. Scott. Criminal charges will likely be brought against Mr. Scott once the case is turned over to the district attorney.
From a civil standpoint, our firm has represented numerous families who are the victims of a hit-and-run tragedy. The family of Mr. Fanning should most certainly consult with an attorney to file a wrongful death claim against Mr. Scott. While no amount of money awarded to the victim’s family will bring Mr. Fanning back, a successful civil claim will allow Fanning’s family to settle all of the victim’s medical and final expenses without being burdened with out-of-pocket costs. A civil claim will eliminate financial distress, and enable the family of the deceased victim to focus on the grieving process and coping with the loss of their loved one.
Further questions can be directed to Fears | Nachawati Law Firm by clicking here, or by calling our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in wrongful death lawsuits, workplace accidents, automobile accidents, and product liability claims throughout the state of Texas. Mr. Nachawati has resolved numerous wrongful death cases through trial and settlement that have resulted in seven and eight figure confidential settlements. He is on the Grievance Committee for the State Bar of Texas. He is licensed to practice before the Supreme Court of Texas and Arkansas and is licensed in the Northern, Southern and Eastern Districts of Texas. Mr. Nachawati is a member of the Board of Directors of the Texas Trial Lawyer’s Association, the Board of Directors for Public Justice, a Leader’s Forum and PAC member of The American Association for Justice. Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row for legal excellence, in connection with wrongful death and products liability cases. Mr. Nachawati is also a member of The Million Dollar Advocates Forum. Mr. Nachawati can be reached by email or by calling 1.866.705.7584
 

Seven Injured in Wrong-Way Accident on Texas State Route 6 in Marlin on Monday, October 1, 2013

An accident on Texas State Route 6 in Marlin injured seven people Monday night when a pickup truck traveling northbound in the designated southbound lanes of the highway struck a Saturn, at approximately 9 p.m. According to the Texas Department of Public Safety, the driver and passengers in the pickup got out to help those in the Saturn when a Honda Odyssey van failed to stop and struck several individuals who were standing in the roadway. There were at least seven people injured; two were taken to Scott & White Hospital in Temple, while the remaining five were airlifted to several other area hospitals and treated for minor injuries. All victims were released from medical facilities on Tuesday. Currently, no names of the individuals involved in the accident have been disclosed. Below is a picture taken shortly after the accident occurred, courtesy of kwtx.com.

 

 


Below is a map depicting the location where the wreck occurred:

 


View Larger Map

 

Legal Commentary

These people are very fortunate that they only sustained minor injuries in this accident. The majority of car accidents that involve bystanders on a highway involve fatalities, or serious injuries that require extensive medical treatment. Nevertheless, it is still crucial that the victims seek legal counsel in this matter, to ensure they are adequately compensated for their pain, discomfort, and unpredictable medical expenses they incurred from this accident. Even if their injuries are not life-threatening, in the bigger picture, the initial accident would have probably never occurred had the driver of the pickup observed traffic signs and had not failed to drive on the correct side of the highway. Additionally, it is unlikely that the subsequent accident with the van would have occurred had the first accident been avoided. The victims could potentially file civil claims against both the driver of the pickup and the motorist in the van for their negligence that caused all of these injuries. If you have been directly involved in an accident that was beyond your control, the successful personal injury attorneys at the Fears | Nachawati Law Firm can provide you with the legal guidance and representation necessary to effectively pursue a claim against the responsible party/parties. To set up a free consultation, click here, or call our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

 

Hit-and-Run Victim Heather Gant Speaks Out About Accident from Hospital Bed

At approximately 1:45 a.m. on Sunday, September 29, 2013, Heather Gant, 24, ran out of gas while driving eastbound on I-20 near the Seagoville Road exit. Gant got out of her car to try to push it to the nearest gas station; when a pickup truck struck Gant from behind and kept driving, without so much as slowing down. Minutes later another motorist approached the accident, and picked up Heather Gant and rushed her to the nearest hospital. Gant suffered severe internal damage to her intestines and bowels, as well as a broken pelvis, and underwent her second surgery Tuesday to repair her injuries. Ms. Gant and her family are eternally grateful to the Good Samaritan who rescued her and ultimately saved her life. Below is a clip that further elaborates on the accident, courtesy of wfaa.com:

 

 

 

 


Legal Commentary

Although the driver who struck and nearly killed Gant is still at large, it is important that Ms. Gant and her family meet with an attorney to discuss their options and put a plan of action in course. Ms. Gant and her family are requesting that anyone who witnessed the accident speak to the Balch Springs police with any information that could lead to the arrest of the unidentified driver responsible for this accident. If found, the driver responsible for this accident could face charges for vehicular manslaughter and leaving the scene of an accident, among others. The individual could also face a significant civil claim that would compensate Heather for the pain, suffering, and injuries she sustained due to this careless driver’s actions. Heather Gant is also hoping that the person who saved her will come forward so that she can meet this heroic individual and properly thank them. Once again, if you have any information regarding this accident, you are encouraged to contact the Balch Springs Police Department. If you or a loved one have been directly involved in an accident you were not at fault for, the successful personal injury and wrongful death attorneys at the Fears | Nachawati Law Firm can give you the legal guidance and representation needed to effectively pursue a claim against the responsible party. To set up a free consultation, click here, or dial our office at 1.866.705.7584.

 

About the Attorney

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

Ramon Aguilar Kills 5 People in Collision on U.S. Route 385 Near Seagraves, TX

According to the Texas Department of Safety, a Dodge pickup driven by Ramon Aguilar rear-ended a GMC pickup carrying five passengers on Sunday, September 29, 2013. After the initial impact, the GMC went off of the road and rolled into a ditch; killing 26-year-old Luis Valenzuela, 35-year-old Isabel Garcia-De La Cerda, 39-year-old Romulo Molina, 31-year-old Juan Carlos Enriquez Mendoza, and 31-year-old David Dominguez-Juarez. The Dodge driven by Aguilar also rolled into the ditch and severely injured passenger Ramero Aguilar, who was airlifted to an area hospital. After the crash, Ramon Aguilar attempted to flee the scene on foot but was later caught by police and arrested. It is believed by officials that alcohol played a factor in the incident. Below is a map depicting the area where the accident occurred:

 


View Larger Map

 
Legal Commentary

While Ramon Aguilar will inevitably receive criminal charges for fleeing the scene of an accident, as well as possible multiple vehicular manslaughter charges and a potential DWI charge, it is important that the family members of the deceased victims pursue civil claims against Aguilar as well. Because of one man’s irresponsible and negligent driving, there are now five different families mourning the loss of their daughters, sons, sisters, brothers, and parents. The fact that Aguilar proceeded to flee the scene of the accident only adds insult to injury for the families now grieving the loss of their loved ones. While filing a civil claim will not bring back their lost family members, it would help cover the costs of final expenses and ensure that the vicitms’ families are not burdened with paying out-of-pocket for these sudden, unexpected bills. If you or a loved one have been directly affected by an accident like the one mentioned above, the successful wrongful death and personal injury attorneys at the Fears | Nachawati Law Firm can provide you with the legal guidance and representation necessary to pursue a claim against the responsible party. To set up a free consultation, click here, or dial our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

Ingram Lucas Macha 24, of Toya, Killed in Wreck with Matthew Percifull, 31 on I-20 Near Penwell

According to state police, Ingram Lucas Macha was killed in a car accident on I-20 Tuesday, September 24, 2013 near Penwell, TX. Macha was traveling westbound on I-20 when the 2010 Chevrolet he was driving struck a 2008 Ford, driven by Matthew Percifull. Percifull was reportedly driving east in the westbound lanes of I-20 at the time of the accident. 24-year-old Macha died at the scene of the accident, while Percifull was transported to Medical Center Hospital, and is currently in critical condition. Below is a map indicating where the accident occurred:

 


View Larger Map

 
Legal Commentary

This is a prime example of how important it is to exercise extreme caution and observe all traffic signs when operating a motor vehicle on a highway where motorists are traveling at high speeds. Because Percifull failed to follow highway traffic signs, a young man is now deceased; while he himself is combating serious injuries in a hospital. Had Percifull paid better attention to directions, he could’ve turned around without causing any damage, or entered the highway in the right direction and prevented this accident completely. It is pertinent that Macha’s family consult with an attorney to file a civil claim against Percifull. In doing so, it would prevent Macha’s family from experiencing the financial burden that often accompanies the final expenses of a loved one; allowing them to focus on the grieving process that is to come. Furthermore, filing a civil claim would give Macha’s family a sense of justice for their deceased family member. If you or a loved one have been directly involved in an accident that was beyond your control, the successful personal injury attorneys at the Fears | Nachawati Law Firm can provide you with the legal expertise and representation needed to effectively pursue a claim against the responsible party. To set up a free consultation, click here, or contact our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

Chelsey Hatfield and Tanner Allen Killed; Arian Martin and Cayden Richardson Injured in Wreck near Naples in Morris County, TX

On Thursday, September 19, 2013, two teenagers were killed and two others were hospitalized with severe injuries, after the pickup truck the four were traveling in on County Road 4304 crashed into a tree. The accident happened at around 10:50 p.m., and occurred when the driver, 19-year-old Tanner Allen, ran off the road for unknown reasons; according to state police. State police officers stated that no passengers were wearing seatbelts when the crash happened. Chelsey Hatfield, 18, and Tanner Allen, 19, both of Naples, were pronounced dead at the scene. Surviving victims Cayden Richardson, 19, and 16-year-old Arian Martin were taken to Titus Regional Medical Center for treatment. Below is a map depicting where the incident occurred:

 


View Larger Map

 

Legal Commentary

It is always tragic when an accident that could have been completely prevented, claims the lives of young individuals like the couple mentioned above. Although none of the victims practiced proper safety precautions by wearing their seatbelts, the victims could still have a potential claim. It is always smart to retain an attorney in instances like the accident described above; to ensure that the victims and their families are not burdened with the costly final expenses and/or medical expenses that accompany such a sever car wreck like this one. If you have been directly affected by an a car accident, the successful wrongful death and personal injury attorneys at the Fears | Nachawati can provide you and your family with the legal guidance and representation needed to effectively pursue a claim against the responsible party. For a free consultation, click here, or call our office at 1.866.705.7584.

 

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

Deanna Daniel, 70, of Crowley, Killed in Alleged DWI Wreck in Tarrant County on Sunday, September 15, 2013

A car accident caused by an alleged drunk on Sunday at around 10:00 p.m. killed 70-year-old Deanna Daniel and injured her husband and three minors riding in the Daniel’s vehicle. The accident took place on Farm-to-Market Road 1187, when an unidentified 27-year-old male in a pickup truck traveling westbound on the road rear-ended the Daniel’s car. According to the Tarrant County Sheriff’s Office, Deanna and her husband, 72, were both ejected from the vehicle upon impact. The victims were transported to a nearby hospital where Deanna Daniels was pronounced dead, and the victims were treated for various injuries. However; conditions on the four remaining survivors have not been released to the public at present. The driver of the pickup truck was arrested on suspicion of driving while intoxicated, and booked in a Tarrant County jail on charges of intoxication assault. Below is a map of the area where the accident occurred:

 

 


View Larger Map

 

 

Legal Commentary

In addition to the criminal charges the suspect will face if found guilty of driving while intoxicated, the victims and their families should also pursue further legal representation by filing a civil claim. Filing a civil claim against the driver who caused this accident can provide monetary support to cover the victims’ costly medical expenses accompanied with their emergency treatments, as well as Mrs. Daniel’s final expenses. While criminal charges will punish the suspect if found guilty, a civil claim would help give the victims further justice for their lost loved one, and ensure that they are properly compensated for the pain and suffering they endured in this traumatic event. While no amount of money can replace the loss of a loved one, filing a civil claim can provide additional justice for the family, and offer peace of mind knowing that the financial burdens of an accident are taken care of. If you have been directly involved in an accident like the one mentioned above, the experienced wrongful death and personal injury attorneys at the Fears | Nachawati Law Firm can provide you with the guidance and legal representation necessary to successfully pursue a claim against the responsible party. For a free consultation, click here, or contact our office at 1.866.705.7584.


About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

Aaron Garcia, 23, and Dominic Alvarez, 28, Killed by Michael Windberg on Monday, September 9, 2013 in Yorktown, TX

23 -year-old Aaron Garcia and 28-year-old Dominic Alvarez were killed instantly Monday when the truck they were riding in was struck by a Ford F-750, driven by 27-year-old Michael Windberg, at the intersection of 10th Street and Texas 119. The work truck Windberg was operating is owned by Jet Mechanic of Victoria, TX. Windberg was airlifted to San Antonio’s University Hospital with severe injuries, and is currently listed in critical condition. Below is a map where the accident took place:


View Larger Map

Legal Commentary

When unexpected deaths like those mentioned above occur, it is important that the victim’s family members meet with an attorney to weight their options, and establish an effective plan of action for filing a wrongful death claim. Filing a claim against the responsible party will protect the surviving family members from being burdened with expensive, unexpected medical bills, and final expenses. Using an attorney to negotiate with the insurance companies and handle all of the legal aspects of the accident gives the grieving family members more time to do just that - grieve, spend time together, and work towards finding closure after experiencing such a tragic loss. Losing a loved one is never easy to endure, but being distressed over medical and final expenses are burdens that an experienced wrongful death attorney can help mitigate for the victim and/or the victim’s family. If you have been directly affected by an accident like the one mentioned above, the successful wrongful death and personal injury attorneys at the Fears | Nachawati Law Firm can give you the legal guidance and representation needed to successfully pursue a claim against the party held liable. For a free consultation, contact us here or call our office at 1.866.705.7584.

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at - 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

T.D. and Charlyne Mullikin of Trophy Club Die in Dump Truck Accident on LBJ Freeway in Dallas on Tuesday, September 10, 2013

Trophy Club residents T.D. and Charlyne Mullikin were killed Tuesday morning when a dump truck crashed over a concrete barrier on LBJ Freeway at Webb Chapel Road; pinning their Lexus, along with the driver of a Toyota Camry, underneath. The man driving the Toyota Camry miraculously escaped without serious injuries after the truck crushed his sedan. "Our firefighters reported when they got here that ... there was a white car underneath the front of the dump truck and pretty much the entire front end of the dump truck was inside of the car," Dallas Fire-Rescue spokesman Jason Evans said. The cause of the accident is currently still under investigation. LBJ Express project Corporate Affairs Director, Andy Rittler, stated the trucking company that owns the dump truck, Rizo Trucking, is a subcontractor on the project. The Plano Hazardous Materials team also responded to the scene of the accident to help clean a "significant amount of diesel fuel" that spilled from the truck, according to Evans. Both sides of LBJ Freeway were shut down, and traffic was backed up for miles. The freeway was finally reopened in both directions at approximately 3 p.m. Below is a clip that further elaborates on the accident, courtesy of wffaa.com:

 
Legal Commentary


It is very tragic that two lives ended so unexpectedly in such a horrific and unlikely accident. While the odds are that the accident was not intentional, there were still two fatalities, along with a man whose car was destroyed; all because they were in the wrong place at the wrong time with no way to avoid this accident. Severe accidents such as this one are a prime example of why it is important to contact an experienced attorney, to ensure that you and your loved ones receive the compensation and justice that you deserve; should you find yourself as an unexpected victim in a serious car wreck. If you have been directly affected by an accident that was of no fault of your own, the experienced personal injury and wrongful death attorneys at the Fears | Nachawati Law Firm can provide you with the legal guidance and expertise necessary to successfully pursue a claim against the responsible party. For a free consultation, click here, or contact our office at 1.866.705.7584.


About the Author


Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

 

Motorist Killed in Southwest Dallas Crash on Loop 12 on Sunday, August 8, 2013

Dallas police are investigating an automobile accident that killed one person on Loop 12 Sunday afternoon. According to police, the car was traveling northbound on Loop 12 when the driver was cut off by another vehicle near Keeneland Parkway. The car swerved off of the highway; one person was ejected from the vehicle and subsequently died from injuries sustained in the wreck. A second person in the car was also hurt; however, condition of the surviving victim and the names of those involved have yet to be released. Below is a map of the approximate location where the accident occurred:


View Larger Map

Legal Commentary

This is a prime example of how important it is to meet with an attorney when you are injured in an automobile accident. Due to the carelessness of another driver who failed to exercise caution when changing lanes, one individual is now dead and another person is injured as a result. Seeking legal guidance from an experienced wrongful death/personal injury attorney can insure you and your loved ones are taken care in the event that you are critically or fatally injured in an accident due to the negligence of others. If you have been directly involved in an accident, the successful wrongful death and personal injury attorneys at the Fears | Nachawati Law Firm can provide you with the legal guidance and representation needed to successfully file a claim against the responsible party. To schedule a free consultation, click here or call our office at 1.866.705.7584.

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

Kathy Cole Dies in House Fire at Pebble Beach Drive and Spyglass Lane in Garland, TX

An investigation is being conducted after a row of townhouses caught fire in Garland on Sunday, September 8, 2013. Long-time resident Kathy Cole is the only reported victim killed in the incident.
The first alarm sounded at approximately 1:20 p.m. in community, and high winds - in addition to the temperature approaching 100 degrees — helped spread the flames to multiple units within a matter of minutes.
Cole's son and numerous family members and friends were visibly shaken at the scene on Sunday afternoon.
The investigation into what caused the fire is still in the early stages, but arson investigators are combing through the units to identify the source of the fire. Below is a video that provides further details of the fire, courtesy of wfaa.com:

Additionally, here is a map of the location were the accident occurred:


View Larger Map

Legal Commentary

As the investigation into the source of the fire continues, it is important that Cole's family, along with all other tenants involved, consult with an attorney to learn how in which they can recover from damages and loss from this unfortunate incident. In addition to the family member the Cole family lost in this fire, there are undoubtedly many items these people probably lost that you can't put a price tag on such as: photographs, family heirlooms, private documents, etc. It would be wise for all those affected by this fire to meet with an experienced personal injury attorney to ensure they receive compensation for any injuries they sustained, and to assist in covering the costly medical bills that will accompany many of these residents, in addition to all of the personal property that has been damaged and/or lost. If you have been directly affected by an incident like the one described above, contact us here or call our office at 1.866.705.7584.

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

Juan Campos, 96, of Houston, TX Found Dead After Apparent Dog Attack at the 2200 Block of Maplewood Drive in Katy, TX

On Friday, August 30, 2013 in Katy, TX, the grandson of 96 year-old Juan Campos, Miguel Velasquez, came home to a grisly scene when he found his grandfather, Juan Campos, laying dead in the family’s back yard. According to Velasquez, there were three “pit bull type” dogs near his grandfather’s body, and the lower half of one of Campos’ legs was missing, in addition to multiple bite marks on his body. A pet dog that belonged to the Campos family had also been attacked and killed. Harris County deputies and Cy-Fair EMS responded to the scene, and the dogs found near Campos’ mangled body have been seized by animal control. Residents state that at least one of the dogs belonged to a family that lived behind the victim. Evidence supports that the dog clawed through a fence to attack the victim. Investigators indicated that there is “a wooden fence that surrounds the complaintant’s yard and there are holes in the fence where the slats have been broken,” according to HCSO sgt. Ben Beall. Neighbors commented that Campos had lived in the Katy County Estates subdivision for twenty years with his family, and was home alone when he died. An autopsy has will be performed to identify Campos’ exact cause of death, to determine if the dogs did in fact kill Campos, or if he died of natural causes and the dogs attacked him post mortem. If it is determined that the dogs killed him, the owner(s) could face both civil and criminal charges. Below is a video synopsis of the attack, courtesy of wfaa.com:

Below is a map of the location where the attack occurred:


View Larger Map

Legal Commentary

It is always tragic when an animal brutally attacks an individual, but it is even more so when it happens to an unsuspecting, defenseless victim in the privacy of their own secured, private property, such as the victim’s back yard in the story mentioned above. The victim’s family should most certainly obtain an attorney in this scenario; not only to seek legal compensation and retribution for their slain loved one, but also to ensure that these animals are never able to attack another person again. If these animals clawed so adamantly through a fence to attack an adult elderly man, it is safe to assume that children playing in the neighborhood could serve as a potential target as well. In addition to criminal charges that could be brought against the dog owners; pending the autopsy report, there are also multiple civil claims that could be pursued with this incident, such as negligence and wrongful death as a result of the owners’ failure to properly secure their aggressive animals. While no amount of compensation will bring Mr. Campos home to his family, an experienced wrongful death attorney can give this victim’s family the justice that Mr. Campos deserves. If you or a loved one has been directly affected by an animal attack comparable to the above situation, the experienced wrongful death and personal injury attorneys at the Fears | Nachawati Law Firm can provide you with the legal guidance and representation needed to successfully pursue a claim against the responsible party. For a free consultation, click here or contact our office at 1.866.705.7584.

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in general personal injury claims, work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic motor vehicle accidents, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

Samuel Dale Graham, 37, of Hamilton, TX Killed in Head-on Collision on Texas State Route 36 Near Gatesville; Wife and Children Hospitalized

On Saturday, August 24, 2013 at approximately 4:10 p.m., 37-year-old Samuel Graham was killed in a head-on collision on Texas Route 36, approximately four miles from Gatesville; which also placed his wife, daughter, and son in the hospital. Samuel Graham was pronounced dead at the scene while his wife, Sharla Kaye Graham, 33, was listed in fair condition at Scott & White Hospital in Temple. Their daughter Austyn Graham, 7, and son Andrew Graham, 10, were reported in fair and good condition, respectively, at Scott & White Children’s Hospital in Temple.

Samuel Graham was driving the family’s 2013 Nissan SUV north on Texas Route 36 when a Dodge SRX headed southbound, driven by 42-year-old Alisa Pruitt, of Gatesville, drifted towards the right shoulder of the road. Pruitt then over-corrected to the left, and struck the driver’s side door of the Nissan. Upon impact, the Nissan rolled multiple times before coming to a stop, according to the DPS report. Pruitt was listed in fair condition at Coryell Memorial Hospital in Gatesville. Below is a map of the location where the accident occurred:


View Larger Map

Legal Commentary

In such an unpredictable, unavoidable accident such as the one described above, it is important that the victim’s surviving family members pursue legal representation; to ensure that the final expenses for Mr. Graham, as well as all of the medical bills for the surviving victims, are not paid for out-of-pocket. It would be in the best interest of Mrs. Graham to consult with a wrongful death/personal injury attorney to file a claim, so that she can receive the compensation needed to help support her now single-income family, and focus more on grieving and coping with her family’s tragic loss; rather than worrying about how to cover medical expenses and time taken off from work. If you or a family member have been directly affected by an accident similar to the one mentioned above, the successful wrongful death and personal injury attorneys at Fears | Nachawati Law Firm can provide you with the legal guidance and representation needed to successfully pursue a claim. For more information, contact us here or call our office at 1.866.705.7584.

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

Sebastian Sanchez, 30, Killed in Construction Accident at 3014 Lubbock Ave. on TCU Campus

 On Monday, August 26, 2013, 30-year-old Sebastian Sanchez was fatally injured while working on a construction site at the campus of Texas Christian University, when a chimney fell on him. The accident occurred during the demolition of a property, located at 3014 Lubbock Avenue. Sanchez was transported to Texas Health Harris Methodist Hospital Fort Worth, where he died on Tuesday at approximately 1:30 a.m. Below is a map regarding the location where the construction accident occurred: 


View Larger Map

According to the Bureau of Labor Statistics, of the 4,206 employee fatalities that occurred in the private industry in 2010, 774 (18.7%) alone were in construction. The leading cause of death of workers in the construction industry were falls, followed by electrocution, struck by an object, and caught in/between. These “Fatal Four” were responsible for approximately three out of five (56%) construction laborer deaths in 2010.

Legal Commentary

In an on-the-job fatality such as the one mentioned above, it is important that the family of the deceased victim demand an investigation of this accident from the company in which Sanchez was employed, as well as file a civil claim for the wrongful death of their loved one. A thorough investigation into the accident will better identify who exactly was at-fault for the fatal injuries Sanchez sustained, as well as determine if, or which, of the company’s safety standards and the U.S. Department of Labor’s OSHA regulations were violated at the time of the accident. It is important for the victim and/or the victim’s family to consult in an attorney in an on-the-job accident, to ensure that every detail of the accident is analyzed, and to develop the best course of action that will yield the greatest amount of compensation for damages and losses. If you or a family member have been adversely affected by a work accident, the experienced work injury attorneys at Fears | Nachawati Law Firm can offer you the legal guidance and representation needed to successfully pursue a claim. For more information, contact us here or call our office at 1.866.705.7584.

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at  1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

Daysha Johnson, 18, Killed in Car Accident by 19-Year-Old Robert Humphrey on Texas State Route 11 in Hopkins County, TX

On Friday, August 23, 2013 at approximately 2:00 p.m., 18-year-old Daysha Yevette Johnson was killed due to a car accident on Texas State Route 11, near Como-Pickton School in Hopkins County, Texas. Robert Reed Humphrey, the driver of a 2002 Honda Civic, was headed eastbound on Route 11 when for unknown reasons, his vehicle veered off the road. The vehicle then proceeded to plow through a fence, and only came to a stop after colliding into a tree. Officials indicated that three individuals were ejected from the vehicle; however the only fatality that occurred was that of Daysha Johnson. Humphrey and the other two male passengers were airlifted to a nearby hospital with injuries ranging from lacerations to leg fractures, but were all listed in stable condition. To date, investigators have yet to release any information on whether or not any illegal substances played a factor in Humphrey’s reckless driving. Below is a map of the approximate location where the accident occurred:


View Larger Map

Legal Commentary

It is unfortunate when a young adult, with so much life ahead of them, is killed tragically and unexpectedly due to the irresponsibility of another individual, in a situation in which the victim has no control. While it is very likely that the driver did not intentionally kill Daysha Johnson or purposely harm the other passengers, at the end of the day, someone’s life was still lost as a result of his actions. It is also unfortunate that 19 year-old Humphrey could be tried as an adult if charges are brought against him, and could potentially spend a significant amount of time in prison for possible second degree murder, vehicular manslaughter, and various other criminal charges if it is discovered that he was under the influence of illegal substances at the time of the accident. From a civil standpoint, the surviving victims should file a personal injury claims against Humphrey  to ensure that they are properly compensated for the bodily injuries they sustained from this accident; to cover the unexpected medical expenses, unnecessary pain and suffering, and any time off of work they are forced to take to properly recuperate. For Johnson’s family, it would be worthwhile for them to file a wrongful death claim against Humphrey, to assist them in paying for Daysha’s final expenses, and to further seek justice for their deceased family member. If you or a loved one have been directly involved in a traumatic car wreck such as the accident described above, the experienced personal injury and wrongful death attorneys at the Fears | Nachawati Law Firm can give you the guidance and legal representation needed to successfully pursue a claim against the responsible party. For more information and details on a free consultation, click here or call our office at 1.866.705.7584.

About the Author 

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile. 

James Walker, 51, Killed in Hit-and-Run Accident on Crowley Road in South Fort Worth

 On Wednesday, August 21, 2013 at approximately 1:30 James Walker, 51, was standing in the southbound lanes in the 9900 block of Crowley Road in South Fort Worth when a car traveling southbound hit him and drove away without stopping, according to Fort Worth police. Police, along with Walker’s 23 year-old daughter, Brooke Walker, are urging anyone who may have witnessed the accident, or anyone who has any leads, to come forward. “The slightest detail would be beneficial…Even if they don’t think it’s important, it is. It’s extremely important to us,” stated Brook Walker. A mirror from a vehicle was found at the scene, and police speculate that the suspect was driving a metallic burgundy Toyota Scion. Tragically, this is the second fatal hit-and-run accident that has occurred on Crowley Road in the past six months. The other victim was 14 year-old Deston Bibbs, who was riding his bike when an 18-wheeler struck Bibbs, and was not aware that he’d hit anyone. The accident occurred approximately one mile north of where Walker was killed. The driver in Bibbs’ case been cleared of any wrongdoing. Below is a video recounting the accident, courtesy of wfaa.com, as well as a map of the approximate area where Mr. Walker was killed:

 


View Larger Map

Legal Commentary:

Until the suspect is identified and in custody, the civil claim that can be brought forth in the mean time in this tragic hit-and-run accident rests in the type of insurance the deceased victim had. If Mr. Walker owned a full coverage or a liability policy, his insurance company should be able to provide his family compensation to assist in covering medical costs, and other final expenses. Once the suspect is located, the family can file an additional civil claim against the responsible party’s insurance company for further compensatory damage and loss, in addition to the multiple criminal charges the responsible party will face. Although no amount of money can replace the loss of a loved one who was taken away in such a horrific, unexpected manner, consulting with an attorney will ensure that you receive the best possible outcome for your claim. If you or a loved one have been directly affected by an accident such as the one mentioned above, the experienced wrongful death and personal injury attorneys at Fears | Nachawati can provide you and your family with the legal guidance and representation needed to successfully pursue a claim against the guilty party. For more information, contact us here or call our office at 1.866705.7584.

About the Author:

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

Betty White, 57, of Lake Dallas Killed by 47 Year-Old Hickory Creek Resident on I-35E Service Road

 On August 17, 2013, 57 year-old Betty White, of Lake Dallas, was killed on impact when her car was struck by an SUV driven by a 47 year-old resident of Hickory Creek, whose name has yet to be released. White was taken to Denton Regional Medical Center where she was pronounced dead, and the driver responsible for the wreck was transported to Parkland Hospital. In addition to hitting White’s car, the driver of the SUV also struck two other vehicles on the I-35 E service road. An unidentified 45 year-old from Corinth and a 19 year-old from Lewisville were also involved, but no injuries were reported. Below is a map of the location where the accident occurred:


View Larger Map

Legal Commentary

When someone is responsible for a multiple vehicle accident, especially when a fatality has occurred as result, it is imperative that the deceased victim’s family and all other parties affected seek legal counsel. For the deceased victim, consulting with an attorney will give the family answers and compensation for their loss that they might otherwise not receive. Even though there are no reported injuries on the other two victims affected, speaking with an attorney could also help these individuals recover a higher compensation for the property damage they have experienced than if they were to go through the responsible party’s insurance company (assuming said party is insured) alone. If you have been directly affected by an accident that could have been completely avoided, contact the attorneys at Fears | Nachawati   here  or call our office at 1.866.705.7584, to receive the guidance and legal representation needed to successfully pursue a claim against those responsible for your accident.

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic motor vehicle accidents, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

Teresa Logan, 61, of Cleburne, dies in car wreck with 51 year-old Nathan Clanton

 On Friday, August 16, 2013, Teresa Logan, or Cleburne, was involved in a wreck on Texas State Route 171 at County Road 1010, according to investigators. At 2:22 p.m., a Jeep Grand Cherokee that was being driven by Logan, struck the right side of a Ford F-350 pickup, which in turn struck the Toyota pickup being driven by Nathan Clanton, 51. Logan was transported to a hospital with complains of chest pain, where she later died from her injuries. Clanton was transported to Texas Health Harris Methodist Fort Worth with numerous broken bones. Below is a map of the approximate location where the accident occurred:


View Larger Map

Legal Commentary

While the responsible party in this accident remains inconclusive, all parties involved in this accident should consult with an attorney. When an unfortunate, unforeseen even like a major car accident occurs, it is important to discuss your legal options with an experienced attorney; to ensure that you receive the best possible outcome and receive the highest amount of compensation for damages and losses as possible. If you or a loved one have been directly involved in a severe car accident, the experienced personal injury attorneys at

Fears | Nachawati can provide the legal guidance and representation you need to successfully pursue a claim against the responsible party. For more information, contact us here or call our office at 1.866.705.7584.

About the Author

 Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic motor vehicle accidents, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

Frances Shead, 86, of China Spring, TX Killed by Nancy Fore-Daniel in Car Accident on Wortham Bend Road near Waco, TX

On Wednesday, August 14, 2013 just after 6:00 P.M. 86 year-old Frances Shead was on her way to choir practice at Columbus Avenue Baptist Church in Waco, TX, when her Hyundai was struck by a motorist driving a Tahoe, who ran a stop sign near the intersection of Culpepper and Wortham Bend Road. According to investigating DPS Trooper D.L. Wilson, Shead was turning onto Wortham Bend Road after stopping at a stop sign, when she pulled into the path of a Tahoe, driven by Nancy Fore-Daniel, which struck and killed Shead. Injuries were also sustained by Daniel, 43, and her two children, Railey Daniel, 9, and Brenan Daniel, 8. The three were taken to Hillcrest Baptist Medical Center to be treated for non-life threatening injuries, stated Trooper Wilson. Below is a map of the area where the accident occurred:


View Larger Map

According to the National Safety Council, traffic fatalities increased by 5 percent in 2012. A recent study has indicated that 36,200 traffic deaths occurred last year, increasing from 34,600 in 2011; the first increase in seven years.

Legal Commentary

In an instance like the scenario mentioned above, it would be very beneficial for the victim’s family to confide in an attorney. As a result of an individual failing to adhere to a simple and basic traffic sign, a woman is now dead for no other reason besides having the misfortune of being in the wrong place at the wrong time. While no amount of compensation can ever replace a loved one, the expertise of a tenured personal injury and wrongful death attorney can bring justice to the victim’s surviving family members, and help them recover financially to help cover costs, such as final expenses, for the deceased family member.

If you have experienced the loss of a loved one due to the irresponsible conduct of others, you may be entitled to pursue a wrongful death claim against those at fault. Losing someone close to you may be one of the most difficult situations you are ever faced with—especially when you know their death could have been avoided. If a loved one has passed away due to the negligence of another, our experienced wrongful death attorneys can provide the legal guidance and representation you need to successfully pursue a claim against the responsible party. For more information or questions regarding a possible claim, contact us here or call our office at 1.866.705.7584.

About the Author 

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic automobile accidents, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

Johnnie Lee Lott, 77, of Childress, TX Dies; Wife June Hall Lott Critically Injured in Wreck on U.S. Hwy 287 Near Clarendon, TX

 On Monday, August 12, 2013 at approximately 4:00 P.M., 77 year-old Johnnie Lee Lott of Childress, TX was killed on U.S. Highway 287 when his 2012 Cadillac SRX was rear-ended by the driver of a 2005 Ford F-250, driven by Pampa, TX resident Teddy Joe Atwood, Jr. According to DPS, Lott was stopped in an eastbound lane of U.S. Highway 287 approximately two miles east of Clarendon, because of road visibility problems due to heavy rain when Atwood’s pickup truck struck Lott’s SUV from behind. Johnnie Lott was pronounced dead at the scene, while his wife June, also 77, was transported to Northwest Texas Hospital with internal injuries and is listed in critical condition. Although it has not been stated exactly how fast Atwood was driving when he hit the Lott’s vehicle, the posted speed limit for that portion of U.S. 287 is 75 mph. Both of the Lotts were wearing their seatbelts at the time of the accident. Below is a map depicting the area in which the accident occurred:


View Untitled in a larger map

According to the National Safety Council, over 2.5 million rear-end collisions are reported each year; making them the most common kind of car accident.

Legal Commentary

Although inclement weather played a significant role in the cause of this accident, the victim’s family could still very well possibly pursue a claim against the driver who caused this wreck. Considering the death and injuries that the Lotts sustained, despite that both were wearing their seat belts at the time of the accident, suggests that the driver who caused the wreck was driving negligently, and possibly speeding when the collision occurred. Furthermore, if the weather was severe enough that it was prompting motorists to slow down and/or stop on the highway, there is no reason why the driver at fault should have been traveling at speeds high enough to cause such extensive damage to another vehicle on the highway. This wreck indicates that Atwood was driving irresponsibly by failing to exercise proper caution during inclement weather, and as a result, one man has lost his life, while his wife is fighting for hers in a hospital.  It would be in the best interest of the victims’ families to consult with an attorney to ensure that they recover as best as possible after such a tragic accident, and allow someone else to handle the insurance companies and extensive paperwork so that they can spend more time with family and coping after such a difficult loss. If you or a loved one have been involved in an automobile accident - from a minor fender-bender to a fatal accident such as the one described above – our experienced personal injury and wrongful death attorneys can provide the legal guidance and representation you need to successfully pursue a claim against those responsible. For more information or questions regarding a personal claim, contact us here or call our office at 1.866.705.7584.

 About the Author 

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, automobile accidents, and product liability claims. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic motor vehicle accidents, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at - 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile.

 

One-Year-Old Ran Over and Killed in Lawton, OK Neighborhood

 

On August 5, 2013 at 9:45 a.m. in Lawton, Oklahoma, a 1-year-old child was run over and killed in  the driveway of a private home, according to police.

The incident happened near the intersection of Northwest 16th Street and Arlington Avenue, indicated the Lawton Police Department. A woman was visiting another resident of the duplex at that location, and as she backed out of the driveway to leave, she struck and killed the child. Below is a map of the approximate area where the accident happened:


View Larger Map

Names of the individuals involved in the accident yet to be released. The toddler died later in a local hospital.

According to the National Highway Traffic Safety Administration, traffic accidents are the leading cause of death for children between 2 and 14.

Legal Commentary

Dealing with the death of a loved one is never easy; it's even more difficult when that loved one is a young child, whose death could have easily been avoided, such as the boy in this accident. While the loss of a loved one, especially a child, is a very painful and emotional ordeal, Consulting with a legal expert who is well-versed in handling wrongful death cases can relieve the stresses of dealing with insurance companies; enabling individuals to focus more of their time and efforts on surrounding themselves with family during such a trying time. while no amount of compensation can ever replace the loss of a family member, the right legal counsel can provide you with the best course of action in unexpected accidents like this, and ensure that you and your family receive the means necessary to cover the cost of medical expenses and final expenses, and can help bring closure to those who suffer from the loss. If you or someone you know has been directly affected by an accident similar to this one, the experienced wrongful death attorneys at Fears | Nachawati can provide the legal guidance and representation you need to successfully pursue a claim against those responsible. Contact us here, or call our office at 1.866.7584

About the Author

 Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in work accidents, premise liability, and product liability claims. Mr. Nachawati is a former judicial law clerk who has settled and tried numerous lawsuits to verdict, resulting in large recoveries for his personal injury clients. That's why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in wrongful death and serious personal injury cases across the nation and has clients in every state. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by telephone at 1.866.705.7584. His legal background is featured at his Super Lawyers Profile.

Arlington Man Found Dead in Hot SUV

A mentally disabled man was found dead after being left in a hot SUV for several hours Thursday, July 25. Officers responded to a call from a group home located in the 6500 block of El Dorado Dr. that cares for disabled individuals, where the man lived, at approximately 3:15 p.m. after an employee discovered the man unresponsive in a Honda CRV. The man was believed to be in his late 20s or early 30s, and is believed to have had the mental capacity of a small child. The remaining residents living at the home were transported to another facility for the day, then the SUV was returned back to the home. It is yet to be determined why the man was not dropped off with the rest of the group that morning, and remained in the vehicle. Investigators conducted interviews Thursday night and will determine whether or not criminal charges will be filed. The man has yet to be identified; due to pending identification from next-of-kin and the Tarrant County Medical Examiner. Below is a map where the incident occurred:

 


View Untitled in a larger map

About the Author
Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in work accidents, 18 -wheeler accidents, and product liability claims. He attended Richland High School, Southern Methodist University and The University of Houston for Law School. Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals. After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases. Mr. Nachawati is a member of the State Bar of Texas Grievance Committee, The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at - 1.866.705.7584 or by email at mn@fnlawfirm.com. Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyers Profile.
 

68 Year-Old Woman Killed in Dump Truck Accident on Route 25 in Gorham, ME

 

 

  On the morning of Friday, July 12, 2013 in Gorham, ME, a fatal accident occurred between a minivan and a dump truck on Route 25. According to police, Marjorie Mullet, 68 was killed on impact when a Gorham Sand & Gravel dump truck, driven by Ronald Prat, 59, veered into oncoming traffic and struck Mullet’s minivan. Police reported that Prat was attempting to avoid hitting a heavy-duty pickup truck that was making a left turn in front of him when he swerved into oncoming traffic. In addition to Mullet dying at the scene of the accident, her passenger Gail Lavoie, 58, and dump truck driver Ronald Prat were  also  injured and hospitalized. The cause of the accident is still under investigation; however, police are researching a possible mechanical failure within the dump truck.

If someone you know was killed due to the negligent conduct of others or a product malfunction, you may be entitled to pursue a wrongful death claim against those responsible. Losing someone close to you may be one of the most difficult situations you have faced—especially when you know their death could have been prevented. If a loved one has passed away due to the negligence or fault of another, our experienced wrongful death attorneys can provide the legal guidance and representation you need to successfully pursue a claim against those responsible.

About the Author: 

Majed Nachawati is a preeminent personal injury lawyer with a focus on representing victims and families involved in work accidents, premise liability, and product liability claims. Mr. Nachawati is a former judicial law clerk who has settled and tried numerous lawsuits to verdict, resulting in large recoveries for his personal injury clients. That's why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in wrongful death and serious personal injury cases across the nation and has clients in every state. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by telephone at 1.866.705.7584. His legal background is featured at his Super Lawyers Profile.

Juan Antonio Garcia- Hernandez Killed By Piece of Iron in Port of Port Arthur

Juan Antonio Garcia- Hernandez Killed By Piece of Iron in Port of Port Arthur

Juan Antonio Garcia-Hernandez, a contract worker from Orange, Texas, was killed yesterday when he was struck by a 10-foot piece of angle iron that fell from 40 feet above him. At the time, Garcia-Hernandez was contracted by Mason Construction on a job site located in the area of the Port of Port Arthur. The area in which the accident occurred was leased by an overseas company called German Pellets.

The accident occurred early Wednesday morning, when contractors were busy building silos. A manlift, operated by JLG Manlift, was also assisting the contractors in building the structure when it became stuck and switched to safe mode. As workers attempted to free the manlift, a piece of angle iron was catapulted from the basket of the manlift and struck Garcia-Hernandez. Workers had roped off a zone for the manlift but the piece of iron had fallen outside of that area when it hit Garcia-Hernandez. He was quickly transported to Christus Hospital – St. Elizabeth but the severe injuries to his upper body were too much and Mr. Garcia-Hernandez unfortunately passed away. Our condolences go out to his loved ones.

 

 Legal Commentary - Majed Nachawati - Author 

Workplace injuries are common, but are especially tragic when a worker dies due to the negligence of others. With an accident like this, we must ask ourselves: who is to blame? Several individuals and companies could be at fault: Mason Constrcution, who contracted Garcia-Hernandez and placed him in unsafe working conditions; German Pellets, who leased the property and who did not ensure safe working conditions; or JLG Manlift, for hiring an incompetent manlift operator. Another question we must ask ourselves is whether the manlift was fully operational and working properly at the time. Why did it become stuck in the first place? Lastly, Mr. Garcia-Hernandez was outside of the zone when the iron struck him. Was the exclusion zone not properly sized?

These are all questions that an attorney can help family members answer in the aftermath of a workplace death. On many construction sites, contractors and property owners skimp out on the proper safety measure because they would much rather have employees working than giving them the time to ensure that safety precautions are made. A smaller exclusion zone could have been put in place in order to give workers more space to work, but in the process, a worker loses protection on a job site.

With so many parties and variables involved, time is of the essence. The family of Mr. Garcia-Hernandez should seek legal counsel and representation as soon as possible before all parties involved attempt to mitigate this tragedy and demote it to nothing more than a simple accident. Grieving families will want justice for their loved one and an attorney can ensure that the proper and unbiased investigations take place immediately before any insurance companies attempt to downplay this unfortunate accident.

Inquiries, legal information, statements and questions relating to this workplace accident can be sent to my law firm by email submission here or by calling 1.866.705.7584.

 

About the Author: 

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at his Super Lawyers profile.

 

Colby Wade, Abby Key and Chance Clifton, Birdville Alums, involved in 18 Wheeler Accident near Hydro, Oklahoma

Colby Wade, Abigail "Abby" Key and Chance Clifton - 18 Wheeler Crash -- Birdville High School Students

Colby Wade, 18 years' old, Abby Key, 15 years' old, and Chance Clifton, 17 years' old, all who previously attended Birdville High School in North Richland Hills, Texas, were involved in a major crash with an 18 wheeler.  The 18 wheeler lost an axle near Hydro, Oklahoma on Interstate 40 just prior to 7 p.m. last night.  The wheel and axle component apparently separated and the parts traversed across the median impacting the windshield of the 1997 Jeep Wrangler driven by Colby Wade.  Initial evidence supports that the company owning the 18 wheeler was completely at fault. Condolences to the loved ones affected by this crash--which could have been prevented.  As a Birdville/Richland High School Alumni, this is a particularly difficult tragedy, as this is my hometown.   As a member of the Dallas/Fort Worth legal community, I work tirelessly as a wrongful death lawyer to ensure the companies responsible for these tragedies are held accountable for their negligence and, to the extent possible, ensure that a tragedy like this does not happen again.  

Crash Investigation

Multiple entities may bear fault in this crash--the owner of the 18 wheeler company, the big rig driver, any company that may have performed faulty maintenance on the 18 wheeler and potentially the companies responsible for manufacturing the parts that broke loose from the big rig.  An investigation is underway and more news will come.  A initial crash report will be released soon and may be supplemented after further accident reconstruction is performed.  

Accident reconstruction is performed on three levels--one by Oklahoma Highway Patrol, which is usually independent and unbiased, one by accident reconstruction experts retained on behalf of the families and one by accident reconstruction experts hired by the company at fault's insurance carrier with the intent of trying to mitigate, diminish, or greatly reduce any claims made on or behalf of the families.  

Preservation of the crash scene, the 2013 Freightliner, and the Jeep Wrangler are of paramount importance in determining the cause or causes of the dual axle failure.  Typically, this is the last thing grieving families worry about--however, from a legal perspective, these steps must be taken very quickly and expeditiously in order to safeguard any evidence establishing fault against the 18 wheeler company. After most catastrophic crashes, the insurance company covering the claims goes to work immediately to try and eliminate, minimize or greatly reduce the claims filed by the families.   The insurance company also typically contacts the grieving families.  Prior to providing any statements to the insurance company, it is important that family members retain counsel to represent them.

Inquiries, legal information, statements and questions relating to this crash can be sent to my law firm by email submission here or by calling 1.866.705.7584.

DOT Findings - 18 Wheeler Crashes

The Department of Transportation reports that fatal accidents involving semis are often attributable to poor maintenance by the company owning the rig, defective design of the component parts of the 18 wheeler, and contributory negligence by rig drivers who are overworked and frequently fatigued in connection with long distance trailer hauls.  

About the Author

Majed Nachawati is a preeminent wrongful death lawyer with a focus on representing victims and families involved in 18 wheeler crashes and products liability lawsuits.  He attended Richland High School, Southern Methodist University and The University of Houston for Law School.  Following Law School, Mr. Nachawati completed a two year clerkship for a Texas Court of Appeals.  After his tenure with the court, Mr. Nachawati has been recognized as a Super Lawyer in Texas Monthly Magazine for the past four years in a row due primarily to his legal excellence involving catastrophic 18 wheeler crashes, wrongful death cases, and products liability cases.  Mr. Nachawati is a member of the State Bar of Texas Grievance Committee,  The Million Dollar Advocates Forum, on the Board of Directors for the Texas Trial Lawyers Association, a Fellowship Member of the American Association for Justice, a member of the Board of Directors for Public Justice, a member of the Tarrant County Bar Association and Dallas Bar Association and Dallas Trial Lawyers Association. Mr. Nachawati can be reached at - 1.866.705.7584 or by email at mn@fnlawfirm.com.  Information about Mr. Nachawati and his wrongful death case resolutions can be found by contacting him or viewing his Super Lawyer's Profile - www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

 

SUV Accident Kills San Antonio Children

Think wrongful death lawsuits only affect adults? Think again. Last weekend, a San Antonio mother lost two children when the SUV in which they were travelling blew a tire, causing it to roll near the intersection of I-35 and Loop 410 in San Antonio, Texas. Tragically, both children were killed in the violent and unexpected accident.

 

Legal Commentary – Majed Nachawati – Author

Wrongful death lawsuits aren’t limited by age. The only legal question in the context of a wrongful death lawsuit is whether the victim died as a result of the accident. If so, next-of-kin, such as mothers, siblings, parents, or children, can file suit on the victim’s behalf.

 

Is the accident in San Antonio unique? In a way, yes. Fortunately, it’s rare that multiple children die as a result of an automobile accident. However, last weekend’s accident in San Antonio is entirely predictable in another way. SUVs are notorious for rolling and, as a result, flinging their passengers out of the car. Once they are thrown out of the car, passengers are considerably more likely to be injured – and killed – in an accident.

 

Has your loved one been killed in an automobile accident? Did an SUV roll? If the answer to either of these questions is yes, you should contact the personal injury and wrongful death experts at Fears | Nachawati immediately. With years of experience and dedicated expertise, we know how to advise bereaved loved ones just like you.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Fort Worth Automobile Accident Gives Rise to Wrongful Death Claim

Early this morning, a tragic, two-car accident sent one driver to the hospital and the other to his death. As violent as you would imagine, the accident flung car parts across several lanes of traffic and caused delays as workers cleared the resulting debris from the road.

 

The accident happened on westbound North Loop 820 in Fort Worth, precisely the same stretch of roadway that observers and experts have warned may be dangerous in light of recent road construction and shifted lanes.

 

Legal Commentary – Majed Nachawati – Author

In general, the law requires that people who are injured file their own legal claims. Of course, in the event of an injury that causes death, the decedent isn’t able to pursue their claims for obvious reasons. Fortunately, to counteract this legal conundrum, the State of Texas has wisely passed a statute that allows for next-of-kin and other appropriate parties to pursue a wrongful death lawsuit on behalf of the victim.

 

Wrongful death lawsuits are important in many areas of the law, but they are particularly meaningful in the context of automobile accidents. The drunk, sleepy, or distracted drivers who cause so many accidents in North Texas shouldn’t be able to evade justice because of the fact that the accident they caused resulted in the victim’s death. It’s important for society, the victim’s family, and the victim herself that the appropriate successor-in-interest pursue a civil, wrongful death claim.

 

Have you lost a loved one because of another driver’s recklessness? The time to act is now. And the people who can help you are the professionals at Fears | Nachawati. With years of experience and dedicated expertise, we’re able to provide you and your family with the legal support and professional devotion that you deserve. Call us today!

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Spring Lake North Carolina Mother, Lashanda Denise Mann-Pendergraft, tragically passes away in crash with Dump Truck

Lashanda Mann-Pendergraft tragically passed away according to local Spring Lake North Carolina News reports on October 3, 2011 after a speeding dump truck struck her vehicle after the driver of the construction truck ran a red light.  The truck driver, Cleveland Glenn, was employed by R.E. Goodson Construction Company.  Apparently, several complaints were made in the past about speeding construction trucks.  My condolences go out to the family, as this was a tragic crash that could have been prevented. 

Legal Commentary

It is important that an independent investigation and crash reconstruction is performed in this case as soon as possible.  Local news reports reflect that eye witnesses exist.  These statements need to be obtained as soon as possible.  Additionally, evidence needs to be evaluated at the scene of the crash to corroborate the police report.  Luckily in this case, the driver of the construction truck was cited for multiple traffic violations.  Rest assured that the construction company is busy at work at the scene trying to mitigate its damages. Insurance policies for commercial vehicles are typically $1,000,000.00.  Insurance company lawyers and corporate attorneys working for this company should not be communicated with outside the presence of qualified counsel that may represent the Mann-Pendergraft family.   An insurance company's goal is to act friendly with the family in an attempt to avoid the possibility of the family speaking with a lawyer who may inform the family of their true legal rights. The only thing the corporation and insurance companies are concerned with is minimizing or eliminating what they may have to pay out.  Routinely, when my Law Firm is hired, we immediately retain an independent investigator to ensure the evidence at the scene is recorded. We also obtain witness statements and interview the officers that investigated to ensure nothing is missed. I hope the family in this case gets legal help from a competent wrongful death lawyer experienced with these types of claims.

About the Author

Wrongful Death Attorney, Majed Nachawati, is a Nationally recognized Super Lawyer and Top lawyer in Wrongful Death and Serious Personal Injury Cases involving commercial trucks and 18 wheelers.  Mr. Nachawati has represented clients all across the nation. He has recovered millions for his clients and is a member of the Trial Lawyers Association, The Million Dollar Advocates Forum and the American Association for Justice. Mr. Nachawati can be reached by email mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured below:

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

METROLift Clients Die in Tragic Accident, Family Seeks Attorney's Help

On Friday, two women suffering from kidney-related diseases were the victims of a tragic automobile accident on their way home from dialysis. The women, who were required to attend dialysis several times a week, had contracted with a medical taxi service known as METROLift to carry them to and from the hospital. In the wake of their loss, one of the victim’s family has already consulted with an attorney to determine their legal options, including filing a wrongful death lawsuit.

Fears | Nachawati knows the pain of a death in the family as well as the benefits and pitfalls of a wrongful death suit. If you’ve lost a loved to a negligent firm like METROLift, talk to us! We’re ready to help you through this difficult time. Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help!

Attorney Asks, "Where Are the Autopsy Results?"

In August 2009 a Houston man, John T. Barnes, Sr., was fatally shot by an officer in the Houston Police Department. The results of the autopsy, completed on November 3, 2009, weren’t released until earlier this month – after the Barnes family attorney, David W. Hodges, filed suit in U.S. District Court. As Hodges candidly explained, “The city had suppressed the autopsy until now. In this case, I think it was the filing of the lawsuit which finally was the impetus behind them releasing the autopsy.”

 

You deserve prompt responses from city staff, police departments and fellow citizens. If you haven’t received the attention you deserve, the right decision may be to contact the legal professionals at Fears | Nachawati. Whatever legal conflict you face, we can help! Call at 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us protect you!

Victim's Children File Suit Against San Antonio Bar

Lisa Harter, 26, died in January when her intoxicated companion and driver, Marcos Serda, flipped the car. In the wake of their mother’s tragic death, Ms. Harter’s children have filed a wrongful death suit against Mr. Serda and the San Antonio bar, the Flying Saucer, which served Mr. Serda drinks. According to the family’s legal representative, on the night of the accident the Flying Saucer was encouraging participation in the bar’s “U.F.O. Club,” a promotion that asked customers to drink every beer served in the bar.

 

Ms. Harter’s bereaved family has taken a sensible approach: sue the bar. (Of note, in the law bars and taverns are often known as “dram shops.”) If you or a loved one has been in an accident with a drunk driver, you may have a cause of action against the dram shop where they were drinking. The bar may share in responsible for the damages you incurred and injuries you sustained. To find out more about the laws governing alcohol-induced accidents, talk to the personal injury experts at Fears | Nachawati. For a free consultation, call 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help you!

Family Files Wrongful Death Suit Against Beaumont, Texas Doctor

 Close may count in horseshoes and hand grenades, but it certainly doesn’t count in medical diagnoses. Dr. Ede, the attending physician to the late Judy Gregory, is learning this lesson the hard way.

 

Despite abnormal EKG readings, Dr. Ede discharged Ms. Gregory from the hospital after a mere cursory diagnosis of arthritis and acute bronchitis, among other minor injuries. Tragically, within nine hours Ms. Gregory died of a fatal dissecting thoracic aneurysm. According to Ms. Gregory’s wrongful death lawsuit, Dr. Ede negligently failed to admit Ms. Gregory for continuous cardiac monitoring and proper diagnosis.

 

By definition, wrongful death lawsuits are the product of tragedy and loss. Fortunately, however, lawyers have the ability of fighting the injustices perpetrated against a decedent, just like Ms. Gregory. If your loved one suffered an untimely and unnecessary demise you should speak with the wrongful death lawyers at Fears | Nachawati. We can help you find justice. Call 1.866.705.7584 or send an email to info@fnlawfirm.com

4925 Greenville Ave Suite 715, Dallas, TX 75206 (214) 890-0711
Google Reviews  AVVO | Yahoo Reviews | SuperLawyers 

Texas Attorney Serves Notice on University of Mississippi in Wrongful Death Suit

On February 19, 2010, Bennie Abram, a walk-on football player at Ole Miss, died unexpectedly during conditioning drills. Although UM athletic director Pete Boone claims that “the well-being of our student-athletes has and always will be our highest priority,” Mr. Abram’s attorney argues that Abram’s workout at Ole Miss was “recklessly intense” and in violation of NCAA guidelines. Tragically, the deaths of student-athletes—and, in particular, student football players—has become an all-too-common phenomenon. Routinely, football coaches and teams overwork their players.

 

If your son plays football, he is at increased risk of a wide range of health issues. Should something happen, you need someone on your side who can help you sort through the medical and legal implications. For the best in student-athlete injury law, contact the experts at Fears | Nachawati. We’re capable of litigating in far-flung jurisdictions—wherever your child attends school. For your free consultation, give us a call at 1.866.705.7584 or send an email to info@fnlawfirm.com. We’re can help!

4925 Greenville Ave Suite 715, Dallas, TX 75206 (214) 890-0711
Google Reviews  AVVO | Yahoo Reviews | SuperLawyers 

 

Record setting settlement in Taser death case

The City of Fort Worth has offered the family of a man killed by police a record-setting settlement of $2 million.  The victim was killed by a Taser during a confrontation with police last year. 

Assistant City Attorney Gerald Pruitt says that this is the largest settlement Fort Worth has ever offered in any case involving death or injury. 

The victim, Michael Patrick Jacobs, Jr., died after he was shocked with a Taser for a total of 54 seconds.  Mr. Jacobs had a history of mental illness, and the police became involved after his family called for help because he was off of his medication and behaving aggressively.  Mr. Jacobs was shocked twice, first for 49 seconds and then for an additional 5 seconds.  The Tarrant County medical examiner's office declared that the victim's death was a homicide, but a grand jury declined to indict the officers who were involved in the killing. 

Listeriosis kills two Texans, sicken five other

Two Texans have been killed, and five others sickened, after developing listeriosis as a result of consuming the food-borne bacteria Listeria monocytogenes.  Five of the victims are from Bexar County, while the other two are from Travis and Hidalgo counties. 

Investigators have reported that the same strain of the bacteria sickened all of the affected individuals.  They are still working to pinpoint a cause.  In the meantime, the U.S. Department of Agriculture has issued a public health warning for prosciutto imported from Canada and sold under the brands Casa Italia and Emma. 

Listeriosis is a bacterial infection.  Outbreaks are sometimes linked to foods such as soft cheeses and deli meats.  Listeriosis causes flu-like symptoms in healthy people.  In persons who are elderly, pregnant, or have weakened immune systems, however, the fatality rate from this infection can reach 20 percent.  The Center for Disease Control estimates that there 2500 persons become seriously ill from listeriosis in the country each year, and that 500 die from the infection. 

City of Dallas settles wrongful death lawsuit over fatal "bait car" accident

As we reported in a recent blog post, the Dallas City Council was set to decide whether to agree to a settlement in the wrongful death lawsuit brought by the family of car accident victim Annie Reyes.

On Wednesday, the Dallas City Council agreed to a lawsuit settlement in the amount of $245,000. This Texas wrongful death lawsuit has been ongoing for approximately two years.

Reyes was killed when a car thief crashed into her vehicle while attempting to flee in a “bait car” being used as part of a police sting operation.

Michael Reyes, the grandson of victim Annie Reyes, hopes that the changes to the bait car program, which were put into place after Reyes’ death, will save lives in the future.

“It’s bad that my grandma had to be killed to show a better system needs to take place,” Reyes was quoted as saying to CBS 11.

For more on this wrongful death lawsuit settlement, click here to access the full article.

Wrongful death lawsuit filed over bait car accident death of Texas woman

A wrongful death lawsuit has been filed by the family of a Texas woman whose vehicle was struck by a police bait car.

Members of the Dallas city council have been briefed on the family’s Texas wrongful death lawsuit. The council will vote on Wednesday on whether to authorize a proposed settlement of $245,000.

The wrongful death lawsuit has been filed by the family of Anna Reyes. Reyes’ car was hit by a police bait car being driven by Eddie Ramirez.

Police allegedly chased Ramirez, who had jumped into the car set up by police officers to catch car thieves. Police lost sight of Ramirez and attempted to remotely disable the vehicle.

The police, however, were too late. Ramirez slammed into Reyes at 75 mph, killing her.

Since the fatal car accident took place, a new system has been put into effect that enables officers to disable the bait vehicle more quickly. After the new system was put in place, the bait car program, which has been temporarily suspended following the car accident, was reinstated by a unanimous vote of the city’s public safety committee.

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

Wrongful death lawsuit filed by parents of Texas boy killed in car accident

A Texas wrongful death lawsuit has been filed by the parents of a six-year-old Gilmer, Texas, boy who was killed in a car accident in January. The suit has been filed in Upshur County’s 115th District Court.

The victim was Nathan Connor Croley, and the Texas wrongful death lawsuit is being filed by his parents, Jerry and Melody Croley. Defendants named in the wrongful death lawsuit are Talley Rents (RentFirst) and the company’s employee Judson William Maurer of Longview, Texas.

On January 29th, Jerry Croley was traveling south on U.S. 271 with his son and another child. Maurer was also driving south on the highway behind Croley. Maurer was traveling in a Talley Rents GMC truck. At some point, Maurer’s truck struck Croley’s vehicle. All three individuals in Croley’s car were injured. Nathan Croley later died from his injuries.

In their wrongful death lawsuit, the Croleys allege that Maurer is responsible for the accident because he failed to keep a proper lookout, failed to maintain a clear distance between his truck and Croley’s vehicle, failed to timely apply his brakes, failed to control the speed of his truck and generally did not act in a reasonable manner when operating his vehicle.

An unspecified amount of money is being sought by the Croleys for mental anguish and medical expenses, among other damages.

For more on this Texas wrongful death lawsuit, click here to read the full article.

Lawsuit filed by widow of Texas man killed when yacht capsized is settled

The widow of a Texas man killed when a racing yacht capsized has settled a lawsuit with the manufacturer of the boat.

On June 6, 2008, during a race from Galveston, Texas, to Vera Cruz, Mexico, Texas A&M University safety officer Roger Stone was killed when a 38-foot racing yacht lost its keel and capsized.

The boat in question – named the Cynthia Woods – was manufactured by Cape Fear Yacht Works, owned by Kent Mitchell. The lawsuit was filed by Stone’s widow, Linda Stone, against Cape Fear Yacht Works, as well as a company that repaired the racing yacht and the boat’s designer, Bruce Marek.

Stone was the crew’s second safety officer. He pushed two student sailors to safety after the boat capsized and tossed four members of the Texas A&M University at Galveston Offshore Sailing Team, as well as one other safety officer, into the Gulf. The individuals drifted for 26 hours. Stone was trapped below deck and died.

According to an investigation conducted by the U.S. Coast Guard, the boat sank because it was improperly repaired after it had been run aground on at least five occasions.  By contrast, an investigation into the accident by the Texas A&M University System concluded that the inadequate design and construction of the boat was the cause of the capsizing.

According to court documents, under the terms of the agreement, Cape Fear Yachts will pay Linda Stone and her two children $375,000 within the next three years. The documents state that this money will be used to help pay for the children’s college costs.

For more on Stone’s settlement with the yacht manufacturer over this Texas wrongful death, click here to read the full article.

Family of Dallas motorcycle officer killed in Clinton motorcade files lawsuit

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.

Family of man killed in IRS plane crash files Texas wrongful death lawsuit

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.

Another Texas wrongful death lawsuit filed against Toyota by car accident victim's family

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.

Texas family files wrongful death lawsuit against bar that allegedly served drunk driver

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.

$100 million Texas wrongful death lawsuit filed against Toyota after car accident death of elderly couple

 

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 24th 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.

 

Lawsuit filed against Toyota by Texas family after death of loved one allegedly caused by sudden unwanted acceleration

 

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 15th 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.

 

Texas wrongful death lawsuit filed against eight companies after lung cancer death of worker

 

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.

 

Wrongful death lawsuit filed against Texas bar that allegedly served intoxicated teen

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?"

Texas man files wrongful death lawsuit against Toyota over fatal accident caused by malfunctioning accelerator

 

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.

 

 

Settlement reached in wrongful death lawsuit against Texas city

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.

Texas jail to change policies after settlement is reached in wrongful death lawsuit

A settlement has been reached in a wrongful death lawsuit that requires a Texas county jail to make changes to its policies.

n Tuesday a settlement was reached between Potter County and a Texas family in the wrongful death lawsuit brought over the death of an inmate. Potter County will pay the family $400,000 and must make specific revisions to its policies relating to mentally and physically ill inmates.

The lawsuit was brought by the family of deceased inmate Michael Dick. In their wrongful death suit, Dick’s parents alleged that Potter County jail staff members ignored signs of Dick’s physical distress, ultimately causing his death.

We detailed the Dick family’s wrongful death lawsuit in a July blog post.

In the settlement, Potter County admitted no wrongdoing, but did agree to make the following modifications to its jail policies:

  • All officers must now undergo crisis intervention training for those with mental illnesses.
  • Lines of communication between jailers and mental health caretakers and medical workers will be improved.
  • Cell checks will now be electronically recorded and verified.

For more on this story, click here for the complete article from the Amarillo Globe-News.

Can anyone bring a wrongful death lawsuit?

No. Whether or not you can bring a wrongful death lawsuit depends on your relationship to the victim. Each state has its own laws that outlines the categories of people who can bring a wrongful death lawsuit. In Texas, the law limits the people who can bring a wrongful death lawsuit to the deceased’s surviving spouse, children and parents.

If you have lost a loved one in an accident, contact a Texas wrongful death lawyer to learn more about your legal rights.

Family of inmate who died in custody plans to file wrongful death lawsuit

The family of a man who died while in county custody is planning to file a Texas wrongful death lawsuit.

The victim was Jesus Manuel Galindo, an inmate in the Reeves County Detention Center. Galindo died in December 2008 after not receiving medication for his epilepsy and subsequently being placed in an isolation cell.

Galindo’s family has sought legal representation and plans to move forward with a wrongful death lawsuit against the GEO Group, the company that runs the Reeves County Detention Center. Also to be named as a defendant is the Physicians Network Association, the group that provides medical care to the inmates.

According to Miguel Torres, one of the attorneys working on the case, “This is a very significant matter and a real serious wrongful death case.”

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

If you have lost a loved one due to someone else’s negligent actions, contact the Texas wrongful death law firm of Fears | Nachawati today. To receive free legal assistance from a Texas wrongful death lawyer, simply email us or phone us toll free at 1.866.705.7584.

Texas wrongful death lawsuit filed by family of convenience store clerk killed during robbery

A wrongful death lawsuit has been filed by the family of a convenience store clerk killed in a robbery. The suit has been filed against the owners of the convenience store.

On January 31, 2008, 40-year-old Abdul H. Meje was fatally wounded during a robbery at a Galveston, Texas, Citgo.

The wrongful death lawsuit comes just six months after the gunman, 35-year-old Robert Lee Stevens, was sentenced to life in prison. Stevens reached a plea agreement with the county’s district attorney’s office that spared him from a capital murder trial and potential death sentence.

In their Texas wrongful death lawsuit, Meje’s relatives accuse ABHI Enterprises of negligence. According to the lawsuit, the company failed to provide adequate security to ensure the safety of Meje. There was, the lawsuit states, a reasonably foreseeable risk of a violent crime occurring on the premises.

The family has requested a jury trial, and damages including pain and suffering, medical expenses, funeral costs, mental anguish, loss of support, care and future inheritance are being sought.

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

For free legal advice on wrongful death lawsuits, contact the attorneys of Fears | Nachawati. To receive free legal assistance from a Texas wrongful death lawyer, simply email us or phone us toll free at 1.866.705.7584.

Are punitive damages available in Texas wrongful death lawsuits?

Texas is one of the few states that allows punitive damages to be awarded in successful wrongful death lawsuits.

Punitive damages are awarded to a plaintiff as a way of punishing the defendant. They are separate and distinct from compensatory damages which are awarded to compensate the plaintiff for the financial losses they have suffered as a result of the defendant’s conduct.

Note that punitive damages are not available in all Texas wrongful death lawsuits. Punitive damages can only be awarded in cases where the defendant’s behavior was reckless, malicious or intentional.

Even in cases where this criteria is met, however, punitive damages are not automatic. Rather, they are awarded at the discretion of the jury.

If you have lost a loved one in an accident, contact the Texas wrongful death lawyers of Fears | Nachawati today. To receive free legal assistance, simply email us or phone us toll free at 1.866.705.7584.

Family of Texas car accident victim files $7 million dollar wrongful death lawsuit

The family of a car accident victim has filed a multi-million dollar wrongful death lawsuit against the estate of Houston, Texas, attorney John O’Quinn. The victim, Johnny Lee Cutliff, was an employee of O’Quinn. Cutliff was killed in the accident along with O’Quinn.

The deadly accident took place on October 29th of this year. O’Quinn was traveling at a speed of 76 to 79 miles per hour when he slammed his SUV into a tree. O’Quinn was going almost double the street’s speed limit of 40 mph.

Neither Cutliff nor O’Quinn was wearing a seatbelt at the time of the accident. Both men were killed instantly as a result of multiple blunt force injuries.

Cutliff’s family has filed a Texas wrongful death lawsuit against O’Quinn’s estate, seeking a total of $7 million dollars in damages.

The plaintiffs, which includes Cutliff’s four brothers and his grandson, are asking for $6 million for pain and suffering and the loss of approximately 20 years of Cutliff’s life.

They are seeking an additional $1 million in punitive damages from both O’Quinn’s estate as well as his corporation, Classy Classic Cars.

According to the lawsuit, O’Quinn was grossly negligent and acting with conscious indifference and disregard for Cutliff’s health.

Cutliff, 56, had worked for O’Quinn for around 30 years, usually as a driver.

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

For free legal advice from the Texas wrongful death lawyers of Fears | Nachawati, contact us today. Simply email us or phone us toll free at 1.866.705.7584.

Settlement reached in wrongful death lawsuit over hazing death of UT student

A settlement has been reached in a lawsuit over the 2006 wrongful death of 18-year-old University of Texas fraternity hazing victim.

The victim, Tyler Cross, died after falling from the balcony of an off-campus dormitory. A partial settlement in the parents’ wrongful death lawsuit against the fraternity, Sigma Alpha Epsilon, has been reached.

According to allegations made in the Texas wrongful death lawsuit, in the days before Cross’s death he was subjected to hazing rituals that included beatings, forced consumption of alcohol and sleep deprivation.

When Cross was discovered on the sidewalk near University Towers in the early morning hours of November 17, 2006, he had a blood alcohol level of more than twice the legal limit for driving in Texas.

A confidentiality agreement prohibits the release of details of the terms of the wrongful death settlement.

The attorney for Cross’s parents did issue a news release stating that the fraternity will implement a comprehensive educational program to eliminate hazing as part of the settlement agreement.

This agreement is similar to one the UT chapter of the fraternity reached with the university in order to be allowed to keep operating on campus.

Last year, two of the fraternity’s former pledge trainers pleaded no contest in a Travis county court to hazing and furnishing alcohol to minors. The two were sentenced to four days in jail as well as a form of probation that involves two years of deferred adjudication.

The chapter’s former president as well as a fourth member of the fraternity also pleaded no contest to similar charges, receiving one year of deferred adjudication each.

To read more about this Texas wrongful death lawsuit, click here for the complete story.

To receive free legal advice on Texas wrongful death lawsuits, contact Fears | Nachawati today. Simply email us or phone us toll free at 1.866.705.7584 to speak with an experienced Texas wrongful death lawyer.

Nursing home sued for wrongful death of resident

The daughter of a nursing home resident who died after fracturing her hip is suing the home for wrongful death.

In September of 2008, Cindy Zerko, a resident at a Regency Nursing and Rehabilitation Center, fell out of her wheelchair, fracturing her hip. The fall took place when the residents where being evacuated because of Hurricane Ike.

Cindy Zerko’s daughter, Sharon Zerko, is now suing the Regency Nursing and Rehabilitation Center. In her Texas wrongful death lawsuit, Zerko alleges that the center was negligent in failing to “initiate an effective fall prevention program.” She further alleges that the center ignored her mother’s needs.

Cindy Zerko was treated at St. David’s Hospital in Austin, Texas, according to court papers. Her medical records indicate that she was doing poorly after the surgery. She was pronounced dead on September 29, 2008.

Click here to read more about Zerko’s Texas wrongful death lawsuit.

If you have lost a loved one due to someone’s negligent actions, contact the wrongful death lawyers of Fears | Nachawati today. You will receive free legal advice from a Texas wrongful death attorney. Simply email us or call us on our toll free number at 1.866.705.7584.

What if the plaintiff dies before they bring their personal injury lawsuit?

If a victim of an accident dies before they are able to bring a personal injury lawsuit, it is sometimes possible for the deceased’s estate to continue on with the litigation. Instead of a personal injury lawsuit, however, the estate of the deceased brings an action under the Texas survival statute.

The survival statute is a Texas law that provides a legal course of action for the family of a deceased victim. Under the Texas survival statute, the estate of the deceased victim is able to sue for the injuries the deceased could have sued for if the deceased had survived the accident that caused those injuries.

In a successful lawsuit brought under the Texas survival statute, the estate of the deceased is able to recover all the damages to which the victim would have been entitled. This includes pain and suffering and lost wages.

Note that the survival statute is separate and distinct from the Texas wrongful death statute. In a wrongful death lawsuit, the deceased’s family is suing for their own injuries, rather than injuries suffered by the victim.

If you have lost a loved one in an accident, contact Fears | Nachawati today for free legal advice. To speak with one of our Texas wrongful death and survival statute attorneys, simply email us atinfo@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Can I file a Texas wrongful death lawsuit for the death of an unborn child?

In Texas it is possible to bring a wrongful death lawsuit after the death of an unborn child. The state’s wrongful death act was specifically amended in 2003 to include unborn children as “individuals” within the meaning of the statue. 

For purposes of a Texas wrongful death lawsuit, an unborn child is considered an individual at every stage of development, from fertilization to birth. However, the plaintiffs in a Texas wrongful death lawsuit must show that the mother was pregnant at the time of the individual’s deaths.

Fears | Nachawati is a Texas wrongful death law firm. To receive free legal advice on Texas wrongful death lawsuits, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Family of couple killed in bicycle accident file wrongful death lawsuit

The family of a Texas couple killed in a bicycle accident has filed a wrongful death lawsuit against the driver of the motor vehicle involved in the fatal collision.

The Texas wrongful death lawsuit is being brought by the fathers of the two victims, Gary Bruehler and Forrest Telleson, on behalf of the couple’s daughter, 7-year-old Kylie.

Named as a defendant is 40-year-old Gilbert John Sullaway Jr. Sullaway was driving a Ford pickup truck when he struck the victims, who were riding along the highway on a tandem bicycle. Sullaway overcorrected, veering off of Texas 16 and striking Gregory and Alexandra Bruehler.

A second defendant is named in the Texas wrongful death lawsuits – Advanced Detection Security Services Inc. Sullaway is listed as vice president of this security company and was on duty at the time that he was involved in the accident. 

No criminal charges have been filed against Sullaway, and he was not cited with any traffic violations. Sullaway was driving five miles over the speed limit at the time of the accident, and there is no evidence that he was intoxicated.

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

If you believe you may have a wrongful death lawsuit, contact Fears | Nachawati today for free legal advice. To speak with one of our Texas wrongful death attorneys, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Day care center sued over toddler's choking death

The mother of a two-year-old girl is suing a Dallas day care center over the choking death of her daughter.

According to the lawsuit, which has been brought by 25-year-old Marcelina Osorio, negligence on the part of Woodbridge Day School is to blame for the toddler’s death in October of 2008.

The toddler, Isabella Estep, choked on a small piece of gravel last year while at the day care center.

According to the lawsuit, which names the former owners of the day care center as defendants, improper supervision by a teacher was the reason why her daughter remained unconscious for up to 10 minutes before she was found. 

In addition, the lawsuit alleges the teacher, Mia Jennings, did not have first-aid training, as required by law. Instead, CPR was administered by one of the center’s owners.

Jennings, who does not have a high school diploma, is also named as a defendant.

The lawsuit further alleges that the day care center was closed and then resold in order to keep the incident off of their state records.

For more on Osorio’s lawsuit, click here for the complete story.

Fears | Nachawati is a Texas wrongful death law firm. We provide free legal advice to victims’ families. To speak with one of our Texas wrongful death lawyers, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Parents sue fraternity, university over son's death in hazing ritual

The parents of a Prairie View A&M University student are suing the fraternity whose hazing ritual allegedly caused their son’s death.

According to the wrongful death lawsuit, 20-year-old Donnie Wade Jr, died as the result of a hazing ritual orchestrated by the fraternity Phi Beta Sigma. The hazing took place over a three week period beginning in September and lasting until October 20th, the date of Wade’s death.

In addition to the fraternity, the wrongful-death lawsuit also names Prairie View A&M as a defendant.

Wade collapsed during an early morning workout on a track at nearby Hempstead High School. Wade apparently fainted after exercises that included running laps, doing push-ups and climbing the bleachers, among other rigorous exercises. He later died.

No one call 911 after Wade collapsed. A bystander offered to help and was turned away by the fraternity’s dean of pledging. Wade was required to continue working out.

According to the lawsuit, the workout was one part of a series of hazing rituals to which Wade was subjected. Other aspects of the hazing included beatings with paddles, doing chores and paying for fraternity members’ food, as well as a strict bread and water diet.

Wade’s parents are seeking nearly $100 million in damages in their Texas wrongful death lawsuit.

Both the police and the university are continuing to investigate Wade’s deaths.

In response to the incident, the university has suspended all pledging and membership activities of all campus organizations.

To read more about this Texas wrongful death lawsuit, click here for the complete story.

If you have lost a loved one due to someone’s wrongful actions, contact Fears | Nachawati today for free legal advice. To speak with one of our wrongful death attorneys, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Family of deceased inmate plans to sue Dallas county sheriff's department

The family of a deceased Dallas county inmate has announced plans to file a lawsuit against the sheriff’s department.

The deceased inmate, Bernardo Mario Pena, suffered a fatal injury in an apparent fight with another inmate. Pena died in the Parkland Memorial Hospital on October 18th

Pena’s family says the sheriff’s department was negligent and failed to provide safety for their inmates. According to Pena’s family, they were not immediately notified of Pena’s injury or the fight that led to the fatal injury.

Pena, 44, was incarcerated at Lew Sterrett jail on a parole violation. He became involved in an altercation with another inmate on October 17th. Pena was taken to the hospital after he apparently suffered a seizure.

His death has been ruled a homicide due to trauma to the head by the Dallas County Medical Examiners Office.

Click here for the full article.

If you have lost a loved one due to someone else’s negligence, contact Fears | Nachawati today. To receive free legal advice from a Texas wrongful death lawyer, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Family of toddler killed in apartment complex fire brings wrongful death lawsuit

The family of an 18-month-old boy killed in an apartment fire is suing the apartment complex, Whispering Oaks, and its management.

According to the wrongful death lawsuit, the fire alarms never went off when the fire started in the apartment.

In their Texas wrongful death lawsuit, the plaintiffs claim their requests that the fire alarms be fixed were refused. The lawsuit alleges that the failure to repair the fire alarms resulted in the death of toddler James Timothy Kennedy Jr.

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

Fears | Nachawati is a Texas wrongful death law firm. If you have lost a loved one due to someone else’s negligence, contact us today to receive free legal assistance. Email us at info@fnlawfirm.com or calling our toll-free number at 1.866.705.7584.

The wrongful death of an elderly person

In Texas, you can file a wrongful death lawsuit, no matter the age of the victim. Texas wrongful death lawsuits can be brought even in cases where the victim was an elderly person.

The wrongful death of an elderly person leaves their family with very real losses – emotional and sometimes financial. The surviving family member, for example, might have relied on the victim's income or pension. Some pensions do not have a survivorship benefit, which means the surviving spouse loses the money they relied on before the victim’s death.

In general, however, financial damages are less in wrongful death lawsuits when the victim was an elderly person. This is because, in most cases, the victim is retired. In addition, the children of an elderly person are usually grown and self-supporting.

Courts do, though, take into consideration the surviving family member’s loss of affection, guidance and companionship.

Even though these cases can be more complicated, the victim’s family members are still entitled to compensation. If you have lost a loved one in an accident, or as the result of someone else’s negligence, contact Fears | Nachawati. Email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584 to receive free legal advice from one of our Texas wrongful death lawyers.

Family of deceased Texas police officer files wrongful death lawsuit

The family of a Texas deputy killed when his patrol car was hit by a truck has filed a wrongful death lawsuit against the truck driver’s employer. The plaintiff is Sandra Annette Sherrill, who has filed on behalf of herself as well as three minors.

Marion County Sheriff’s Deputy Dale C. Sherrill was responding to a domestic disturbance call when the accident occurred. Sherrill was in his patrol car, driving with the sirens and emergency lights on, when he was broadsided by a truck.

Perry Jay McClure was the driver of the truck that hit Sherrill’s patrol car. McClure is an employee of Star Fleet, the defendant in this Texas wrongful death lawsuit.

The lawsuit accuses McClure of failing to yield the right of way to a police officer, failure to obey traffic laws and a failure to operate his vehicle in a safe and cautious manner.

The plaintiff is seeking damages on behalf of both herself and the deceased victim. On behalf of the deceased, Sandra Sherrill is seeking damages for physical and emotional pain, emotional distress, mental anguish, torment, disfigurement, medical expenses and funeral and burial costs.

For herself and the three minors, the plaintiff is seeking damages for loss of support, services, care, counsel and advice. The lawsuit also seeks damages for loss of contributions of pecuniary value, loss of consortium and companionship, mental anguish, emotional distress and loss of inheritance.

For more on Sherrill’s Texas wrongful death lawsuit, click here to read the full article.

If you have lost a loved one in a car accident, contact Fears | Nachawati for free legal advice about your potential wrongful death lawsuit. Simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584 to speak with one of our experienced Texas wrongful death lawyers.

$14 million settlement reached in lawsuit brought by families of helicopter crash victims

A $14 million settlement has been reached resolving a lawsuit brought by the family members of a paramedic and a flight nurse who were killed last year in an emergency medical services helicopter crash.

The suit was brought by the family members of victims 40-year-old Raul Garcia and 39-year-old Michael Sanchez. Two defendants were named in the suit: Metro Aviation, Inc., the company which operated the helicopter, and South Texas Emergency Foundation. The South Texas Emergency Foundation is a community-owned nonprofit organization based in Harlingen.

The crash took place on the night of February 5th, 2008. The helicopter crashed into Laguna Madre, killing Sanchez and Garcia as well as 55-year-old pilot Robert Goss.

According to the National Transportation Safety Board, the pilot’s failure to maintain control of the aircraft was the probable cause of the accident. Other contributing factors included the dark night conditions, inclement weather and the pilot’s lack of experience using instruments for navigation rather than sight.

The law firm representing the victims’ families reports that Metro Aviation has implemented several changes as a result of the accident. These changes include improved training in instrument proficiency and a requirement that all pilots be provided with night-vision goggles.

Additionally, open-water approaches have now been forbidden, and flights must be turned down if certain minimum safety thresholds are not met.

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

Fears | Nachawati is a Texas law firm that represents the family members of wrongful death victims. If you have lost a loved one due to the negligence of another person organization, contact us today.Email us at info@fnlawfirm.com, or call our toll-free number at 1.866.705.7584, to receive free legal advice from a Texas wrongful death attorney.

Common causes of wrongful death

Wrongful death is defined as a death caused by the negligent, reckless or criminal behavior of another person. In these circumstances, it is often possible for the family members of the deceased victim to bring a wrongful death lawsuit.

There are a number of different events that can lead to a wrongful death. Common causes of wrongful death include:

  • Car accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • 18-wheeler accidents
  • Medical malpractice
  • Workplace accidents
  • Defective products
  • Falls

If you have lost a loved one due to the negligence of a third party, contact Fears | Nachawati today to speak with a Texas wrongful death lawyer. You will receive free legal assistance and advice. Simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Wife of man killed by 18-wheeler files Texas wrongful death lawsuit

A Texas wrongful death lawsuit has been field by the wife of a Plainview, Texas, doctor killed by an 18-wheeler. The lawsuit names both the driver of the 18-wheeler, Leonardo Castro-Mora, and the company for which Castro-Mora worked, Sandoval Trucking, as defendants. She is seeking both punitive and emotional damages.

When the accident occurred, the victim, Dr. Bryan Peeler, and his wife were traveling in separate vehicles on Highway 70. The Peelers pulled over on the side of the road so that one of their children could use the bathroom.

Peeler was helping his son when his wife observed the 18-wheeler approaching. She attempted to warn her husband by honking the horn. Peeler managed to push his son out of the way, saving his life, before he himself was struck by the 18-wheeler. He was pronounced dead at the scene of the accident.

To read more about this Texas wrongful death lawsuit, click here for the complete story.

Fears | Nachawati is a Texas wrongful death law firm. Contact us today to receive free legal advice on your potential wrongful death lawsuit. To receive your no charge consultation,email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

Should I hire a wrongful death lawyer?

If you have lost a loved one due to the negligent, reckless or criminal act of another person, you may be able to bring a wrongful death lawsuit. In bringing a wrongful death lawsuit, you will benefit greatly from working with a wrongful death lawyer.

Texas wrongful death law can be complicated. A Texas wrongful death lawyer knows and understands these laws, and they can ensure that your rights are protected. Your attorney will take on the responsibility of obtaining evidence and interviewing witnesses.

A wrongful death lawyer can also advise you on the wisest course of action, such as the best strategy for your lawsuit or whether it would be beneficial for you to enter into a settlement.

Because of their extensive experience with this particular type of lawsuit, a Texas wrongful death lawyer knows how to obtain the maximum compensation for your loss, including loss of income, medical expenses, loss of future income, pain and suffering, loss of consortium and funeral costs. In Texas, it is also possible to obtain punitive damages in some wrongful death cases.

To receive free legal advice on your potential wrongful death lawsuit, contact Fears | Nachawati today. Simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

What is the difference between a wrongful death and medical malpractice?

A wrongful death lawsuit can be the result of medical malpractice, but not all wrongful deaths are due to medical malpractice. Also, not all medical malpractice cases involve a wrongful death. Many victims of medical malpractice who bring lawsuits are seeking damages for an injury.

A wrongful death lawsuit can be based on a car accident, product liability, premises liability, a workplace accident, a construction site accident or even a criminal act. Medical malpractice is simply one basis for a wrongful death lawsuit.

A medical malpractice wrongful death lawsuit requires the plaintiff to prove the same elements of negligence that must be shown in any wrongful death lawsuit.

Fears | Nachawati is a Texas wrongful death law firm. To receive free legal assistance from a Texas wrongful death lawyer, call us at 1.866.705.7584 or email us at info@fnlawfirm.com.

Mother of man killed by Killeen police files wrongful death lawsuit

 

A wrongful death lawsuit has been filed by the mother of a man who was killed by Killeen, Texas, police in March. The suit names the city of Killeen and Killeen police officer James Plank as defendants.

Catherine Marie Galloway is the mother of Jarvis Galloway, the man who was shot by Officer Plank. She has filed the suit on behalf of herself as well as Galloway’s 2-year-old son. The wrongful death and federal civil rights lawsuit has been filed in Waco, Texas.

On March 1st, Plank was called out to Spur’s Night Club in Killeen, Texas, on account of a fight in the club’s parking lot. According to police, Plank was trying to stop a man named Averweone Darneel Holman from fleeing the scene of the fight.

At the time, Holman was attempting to jump through the passenger side window and into a Chevy Trailblazer being driven by Galloway.

While grabbing Holman’s arm, Plank became stuck in the window of the vehicle. Plank yelled to Galloway to stop, but, according to the Holman’s arrest record, Galloway accelerated. Plank freed one of his arms, shooting Galloway as he (Plank) was thrown from the Trailblazer.

According to the wrongful death lawsuit, however, Galloway was pulling away slowly when Holman jumped into the window. The suit goes on to state that Galloway, upon realizing what was happening, stopped his vehicle, removed his hands from the steering wheel and put them in the air.

The lawsuit alleges that, despite Galloway’s surrender, Plank drew his firearm and shot Galloway at point-blank range. According to the suit, the vehicle began moving only after Galloway was shot, when it then struck a dumpster, parked car and several handrails before ultimately crashing into a building.

As of Friday, the city of Killeen had not yet been served papers regarding the lawsuit.

To read more about Galloway’s wrongful death lawsuit, click here for the complete article.

Fears | Nachawati is a Texas wrongful death law firm representing the families of wrongful death victims. To receive free legal advice from a Texas wrongful death lawyer, email Fears | Nachawati at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

 

Who can bring a wrongful death lawsuit in Texas?

Only certain categories of people are eligible to bring a wrongful death lawsuit. In Texas, the law allows the deceased’s surviving spouse, children and parents to bring a wrongful death lawsuit. That individual can bring the Texas wrongful death lawsuit solely on their own behalf or on behalf of themselves as well as one or more of the eligible individuals outlined above.

Texas wrongful death lawsuits are governed by Chapter 71 of the Texas Civil Practice and Remedies Code. Section 71.004, “Benefitting from and bringing action,” is the specific law that outlines who can bring a wrongful death lawsuit in Texas.

Fears | Nachawati is a Texas wrongful death law firm. To receive free legal advice on Texas wrongful death claims and to learn more about your legal rights, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.


 

 

Parents file wrongful death lawsuit over son's death in hazing ritual

The parents of a Texas student killed in a fraternity hazing ritual have filed a wrongful death lawsuit. The suit, filed by Scott and Julia Starkey of Austin, Texas, names several defendants, including the Illinois-based fraternity Sigma Alpha Episoln, the fraternity’s local chapter and nine of its members.

The victim was 18-year-old Carson Starkey, a freshman at California Polytechnic University. Starkey, a graduate of Austin High School, died in December after consuming large amounts of alcohol during a pledging ritual.

Starkey, along with the other pledges, was given a brown bag containing an alcoholic beverage and was given 90 minutes to finish what was inside. The ritual is known as “Brown Bag Night.”

At the time of his death, Starkey’s blood alcohol level was between 0.39 and 0.44 percent. According to police reports and the lawsuit, it is an amount equivalent to surgical anesthesia and is five times over the legal driving limit in Texas.

In the wrongful death lawsuit, Starkey’s parents are seeking an unspecified amount of damages as well as an injunction that would prohibit the fraternity from engaging in future hazing rituals.

Four of the nine members named in the wrongful death lawsuit were criminally charged by the San Luis Obispo County district attorney’s office in May in connection with Starkey’s death.

The California Polytechnic chapter of Sigma Alpha Epsilon has been suspended indefinitely.

To read more about this wrongful death lawsuit, click here for the complete story.

Fears | Nachawati is a Texas wrongful death law firm representing families who have lost loved ones due to negligent or intentional acts of an individual or organization.  We provide free legal advice on Texas wrongful death lawsuits.  For your free consultation, simple email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.  

 

 

What is the difference between murder and wrongful death?

The O.J. Simpson criminal case and subsequent wrongful death lawsuit left many people confused. You can be tried for murder and then, even if you’re found innocent, be sued for the person’s death?

It does sound a lot like double jeopardy, and the 5th amendment states we cannot be tried for the same crime twice. The difference in O.J. Simpson’s case, and in cases like his, is that he wasn’t being tried twice for a crime. Murder is a crime, while wrongful death, on the other hand, is a tort. One was a criminal case and one was a civil lawsuit.

Murder is a type of wrongful death, but not all wrongful deaths are murders. For example, a patient may die because of a doctor’s negligence, which is malpractice. The doctor didn’t murder the patient, but the doctor can still be sued for wrongful death.

Murder is an intentional act, while some wrongful deaths are the result of an accident. For instance, if ABC Grocery Store neglects to clean up a puddle of water down one of the aisles, and a person slips, hits their head on the ground and dies as a result, ABC has not committed murder. They may be found responsible for the death in a civil lawsuit because they were negligent in failing to mop up the puddle, but they the store obviously didn’t intend for someone to be killed.

Another major difference between murder and wrongful death is that murder charges are brought by the state against the defendant, not by the victim of the crime. On the other hand, the family members of a wrongful death victim are the ones who initiate a wrongful death lawsuit.

Also, a murder conviction can (and usually does) result in a prison sentence or, in more rare instances, the death penalty. A defendant in a wrongful death lawsuit is punished by having to pay the victim’s family members a certain amount of financial compensation.

Fears | Nachawati is a team of Texas wrongful death lawyers who help the families of deceased accident victims. If you have lost a loved one in an accident, contact us today for free legal assistance. You can contact us by email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

 

Family of man killed by taser sues city and Fort Worth police officer

The family of a man killed after being shocked twice by a taser has brought a Texas wrongful death lawsuit against the city of Fort Worth and the officer who administered the shocks.

The victim was 24-year-old Michael Jacobs Jr. According to the police report, Cpl. Stephanie A. Phillips, the officer who tased Jacobs, warned him that she would use the taser if he did not calm down and comply with her directions.

Philips shocked Jacobs twice – once for a duration of 49 seconds and a second time for 5 seconds. Jacobs later died in police custody. He was the fourth person to die from being tased by Fort Worth police, but the only victim whose death was ruled a homicide.

In their Texas wrongful death lawsuit, Jacobs’ parents are seeking $75,000 in damages. The suit alleges that Phillips used excessive force and that the city of Fort Worth was grossly negligent for “failing to properly train and supervise its officers in the use of tasers.”

If you have lost a loved one because of a person’s negligent actions, contact Fears | Nachawati to learn more about bringing a Texas wrongful death lawsuit. To receive free legal advice from one of our Texas wrongful death lawyers, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

 

 

Denton county jury awards millions in wrongful death lawsuit

The family of a cancer victim will receive $1.5 million in a wrongful death lawsuit brought in Denton, Texas. The Denton county jury actually awarded the family $3.5 million, but, under civil suit law, the amount will be reduced to $1.5 million.

 

The victim, who was a wife and mother of two young children, was Melissa Hendricks. Hendricks was 33 years old when she first noticed a suspicious lump on the right side of her head in 2002.

 

Hendricks sought a medical consultation at Highland Family Medical Center. There she saw Dr. Stephen Glaser. Dr. Glaser diagnosed the lump as a nonmalignant sebaceous cyst. A week later the lump was removed and was not sent for further testing.

 

A year later, the lesion returned. Hendricks visited Dr. Jeffrey Charney, a Denton, Texas, surgeon. However, Dr. Charney did not remove the lump because Hendricks was pregnant at the time.

 

By January of 2004, the lump had quadrupled in size. Dr. Charney diagnosed it as a sarcoma, a diagnosis that was confirmed by later tests.

 

Hendricks died of cancer in December of 2004.

 

Melissa’s husband, Tadd Hendricks, filed a Texas wrongful death lawsuit on behalf of himself and his two children. The suit named Highland Family Medical Center, as well as two physicians and a physician’s assistant, as defendants. One of the doctors, Jeffrey Charney, was dropped from the suit by Probate Court Judge Don Windle.

The trial for the wrongful death lawsuit began on August 3rd and ended this past Wednesday.

Texas is a comparative negligence state. The jury assigned 45% of the negligence to Glaser and 45% to Glaser’s assistant, Jason Maris. Because Hendricks delayed a month in seeking treatment, despite a family history of cancer, the jury assigned her 10% of the negligence.

Click here to read the complete article about this Texas wrongful death lawsuit.

If you have lost a loved one due to the negligent actions of a third party, contact Fears | Nachawati today. You will speak with a Texas wrongful death lawyer who can answer all of your questions and provide you with free legal advice. You can reach us by email at info@fnlawfirm.com or toll free by phone at 1.866.705.7584.

 

Family sues Waco restaurant over woman's alcohol-related car accident death

The family of a woman who died in a car accident is suing the Waco, Texas, restaurant and bar where the deceased allegedly became intoxicated before the collision.

The deceased was 24-year-old Krystal Flores, a wife and mother of three. Her husband, Jose Flores, and her mother, Brenda Telles, are suing Austin’s On The Avenue, claiming the establishment holds some legal responsibility for Krystal’s accident and resulting death.

The events in question took place on February 15th. Some time after leaving the restaurant, Flores was in a collision with a pickup truck being driven by a man who was attempting to flee from the police.

However, the pickup driver, 22-year-old Oscar Martinez Banda Jr., was not charged in Flores’ death because police determined that Flores ran a red light.

According to the lawsuit, which was filed on Wednesday, Flores was served alcohol by Austin employees “after she was obviously intoxicated.” The suit further alleges that the employees “encouraged her to drive her own vehicle home.”

The lawsuit accuses Austin’s of negligence for failing to monitor the alcohol consumption of its patrons, for continuing to serve intoxicated customers, for allowing intoxicated customers to drive home and for failing to properly train and supervise its employees.

Co-owner of the restaurant Austin Brock declined comment, and said only that he was not aware the suit had been filed and is unfamiliar with the allegations made in it. 

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

 

If you have lost a loved one in an accident caused by someone else’s negligence, contact Fears | Nachawati today for free legal advice about wrongful death lawsuits. To speak with one of our Texas wrongful death lawyers, free of charge, contact us by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

 

Texas wrongful death lawsuit filed over fatal semi-trailer accident

A Texas wrongful death lawsuit has been filed by a woman who lost two family members in a car accident with a semi-truck over the 4th of July weekend.

The accident took place on I-35, just south of Gainesville, when the semi-truck crashed into the Ford Explorer as it entered a construction zone. The car had slowed down for the construction zone when it was struck from behind by the semi.

The woman bringing the wrongful death lawsuit is Melissa Hinkle. She is suing five parties, including the driver of the truck, the company for which the driver worked, the company that had the contract to perform the construction work on the interstate bridge and the Texas Department of Transportation.

The driver of the truck was Randy Crume. According to a Texas state trooper, Crume was driving too fast as he entered the construction area, causing him to crash into Hinkle’s SUV as well as several other vehicles.

The lawsuit alleges that the construction company, KKM Construction Inc., caused a traffic jam which was backing up interstate traffic for miles at the time of the accident.

The fatal accident resulted in the death of 13-year-old Casey Hinkle and his 63-year-old grandfather, Gervious Dale Hinkle. Melissa Hinkle spent 5 days in ICU as a result of the injuries she suffered in the car accident.

A similar tragedy occurred on August 3rd when another semi-trailer crashed into vehicles that were stuck in a traffic jam caused by the same contractor named in Hinkle’s suit. The accident resulted in the death of three people: Anthony Brandon, 48; Kimberly Brandon, 47; and Darryl Hoosier, 55. Two others were injured in that same accident.

As of Friday August 7th, the construction on the bridge has still not been completed. The company is being fined $400 a day until the work is completed.

To read more about Hinkle’s Texas wrongful death lawsuit, click here for the complete story.

If you have lost a loved one in a car accident, get in touch with the Texas personal injury lawyers of Fears | Nachawati today. We provide free legal advice about wrongful death lawsuits. Simply email us at info@fnlawfirm.com or call our toll-free helpline at 1.866.705.7584.

 

Texas wrongful death law: an overview

A wrongful death occurs when an individual is killed due to the negligence of a third party. It gives rise to a legal action that can be brought by the deceased’s family in order to seek compensation for their loss. These are known as wrongful death lawsuits. 

 

In Texas, wrongful death lawsuits are governed by Chapter 71 of the Texas Civil Practice and Remedies Code. The Texas Wrongful Death Act gives the deceased’s spouse, children and parents the right to seek financial compensation for the losses they have suffered as a result of the death. This includes both financial losses as well as the loss of companionship and support that was provided by the deceased. 

 

In addition to the deceased’s family, a Texas wrongful death lawsuit can also be brought by the executor or administrator of the deceased’s estate. Note that siblings, aunts and uncles are not eligible to bring a Texas wrongful death lawsuit.

 

If you have lost a family member in an accident, contact us today. The Texas statute of limitations gives you only two years within which to bring your wrongful death lawsuit.

 

At Fears | Nachawati, we understand the pain of losing a loved one, and we provide sensitive and caring support during this difficult time. For free legal advice on your potential wrongful death lawsuit, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

What is the Texas survival statute?

The Texas survival statute is a law that allows the estate of the deceased victim to sue for the injuries the deceased could have sued for if they had survived the accident. Essentially, the family is standing in the deceased’s shoes in terms of legal rights.

 

The Texas wrongful death statute and the survival statute are often used in conjunction. That is, the family of a deceased accident victim will typically bring suits seeking compensation under both statutes. To learn more about what defines a wrongful death click here

 

The Texas survival statute is an exception to the general rule that any legal claims a person might have are extinguished upon that person’s death. In fact, it is called a survival statute because the legal claim “survives” the victim’s death.

 

As for compensation involving the survival statute, the estate can recover all of the damages to which the victim would have been entitled, such as pain and suffering, lost wages and medical expenses.

 

Fears | Nachawati represents the families of accident victims in bringing wrongful death lawsuits and asserting their rights under the survival statute. If you have lost a loved one in an accident, contact us today for a free legal consultation. Simply email us at info@fnlawfirm.com or call us on our toll-free helpline at 1.866.705.7584.

 

Jury finds in favor of homeowner in wrongful death lawsuit

On Thursday, the jury reached a decision in a Texas wrongful death lawsuit brought by the family of Joshua Chambers, who was killed by a homeowner while allegedly burglarizing the house. On each of the nine questions to be answered by the jury, they returned verdicts in favor of homeowner Terry Graham.

Chambers’ ex-wife, Amanda Whitsell, brought the wrongful death lawsuit on behalf of her and Chambers’ children, 14-year-old Austin and 10-year-old Elizabeth. Attorneys for Whitsell were asking for a total of $400,000 in damages to be divided equally between the two children.

In February of 2007, Graham shot and killed a man who was allegedly burglarizing his home. That man was Joshua Chambers. No criminal charges were ever filed against Graham as a Smith county jury declined to indict him. 

The major point of contention in the case is determining why Chambers shot Chambers as Chambers was driving away from the scene. After hearing conflicting testimony, the jury had to decide whether Chambers was fleeing from the home or trying to run Graham over with his car.

For more on the background of the case, click here. For the complete story on the jury’s verdict in this Texas wrongful death lawsuit, click here.

Fears | Nachawati is a Texas law firm that represents victims’ families in bringing wrongful death lawsuits. Contact us today for free legal consultation to help you understand your rights and to discuss your potential wrongful death claim.  You can reach us by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

$16 million settlement reached in wrongful death lawsuit over death of Cleburne woman

A settlement has been reached in the wrongful death lawsuit brought by the family of a Cleburne, Texas, woman who was killed when gas well equipment from a passing vehicle smashed into her car.

The testimony was stopped after witnesses gave conflicting statements during the trial on Thursday morning. A settlement was offered to the family later that day.

Pioneer Drilling, the company that employed the driver responsible for the accident, settled the wrongful death lawsuit with the family for $16 million.

The victim was 41-year-old Rhonda Kay Henson. Her family sued both Pioneer Drilling and the driver of the truck, charging the defendants with negligence and a wrongful death claim.

Fears | Nachawati is a team of Texas personal injury lawyers that represents the families of deceased accident victims in bringing wrongful death lawsuits. If you have lost a loved one due to an accident caused by a third party’s negligence, contact us today for a free consultation. You can reach us by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

 

Family files suit over inmate's death

The family of an inmate who died at Potter County Detention Center last year filed a lawsuit in federal court in Amarillo this week.

 

Marvin and Diane Dick, parents of the deceased inmate Michael Dick, allege that their son was denied proper medical care while in custody. The suit named Potter County, members of the medical staff and several jailers as defendants. The family is seeking burial expenses, punitive damages and damages for Dick’s pain and suffering.

 

Dick was arrested for a violation of his probation in July of 2008. Ten days later, on July 19th, Dick was found dead in his cell. The suit alleges Dick died from peritonitis, a condition caused by the inflammation of the thin membrane that lines the abdominal wall.

 

The suit alleges violations of both the American with Disabilities Act and Dick’s 14th Amendment rights. According to the suit, the jailers and medical staff deliberately ignored the signs of Dick’s illness, left his medical condition untreated and denied Dick his prescription Xanax, used to treat panic and anxiety.

 

To read more about the lawsuit against Potter County, click here for the complete article.

 

Fears | Nachawati is a Texas law firm representing victim’s families in wrongful death lawsuits. For a free legal consultation with a Texas wrongful death lawyer, simply email us at info@fnlawfirm.com or call our toll-free helpline at 1.866.705.7584.

 

Punitive damages in wrongful death cases

Texas is among a limited number of states that allows for punitive damages in wrongful death cases. Punitive damages are essentially a means of punishing the defendant. In order to collect punitive damages in a Texas wrongful death case, the defendant’s behavior must have been either intentional, malicious or reckless.

Punitive damages are sometimes also referred to as exemplary damages. This is because punitive damages can serve as a way to warn others against engaging in reckless acts.

Factors that go into determining how much the plaintiff will receive in punitive damages include the defendant’s personal wealth, the nature of the defendant’s conduct and any statutory limits that have been placed on the amount of punitive damages that can be awarded. Punitive damages are awarded at the discretion of the jury.

Punitive damages are different from compensatory damages. Compensatory damages compensate the victim’s family for the specific losses they have suffered due to the victim’s death. These can include loss of companionship and loss of income.

Texas law outlines the specific circumstances under which punitive damages can be awarded. The two elements that must be present were laid out by the Texas Supreme Court in 1998. They are:

·         The defendant undertook actions which involved an extreme degree of risk in terms of the likelihood and extent of a serious injury that could be inflicted on another person.

·         The defendant must have had an actual, subjective awareness of the risk involved with their actions but knowingly proceeded with the actions anyway.

Fears | Nachawati represents individuals in bringing wrongful death lawsuits in Texas. Email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

 

Family brings wrongful death lawsuit against oil drilling company for fatal wreck

In September of 2008, 41-year-old Rhonda Kay Henson was killed after a piece of oil field equipment fell off of a passing tractor-trailer, crushing the driver’s side of her car.

Henson’s family filed a wrongful death lawsuit against the driver of the tractor-trailer, Daniel Armstrong, 21. The suit also names the company for which Armstrong worked, Pioneer Drilling Company, as a defendant. The suit alleges that both defendants were negligent.

Testimony in the trial began Tuesday in the 413th District Court in Cleburne, Texas.

The 15-ton piece of equipment was secured with only two chains, while state and federal laws require four. Because the equipment was not properly secured, says the family’s lawyer, it slid around until it eventually fell from the truck onto Henson’s Ford Explorer.

Also, according to the plaintiffs’ attorney, Armstrong had a suspended license and was not qualified to drive the tractor-trailer. His records, the attorney says, were forged and fabricated by other employees of the company.

Henson’s husband, Thomas Henson, was riding in the passenger seat at the time of the accident. He was not seriously injured.

To read more about this Texas wrongful death lawsuit, click here.

Fears | Nachawati represents plaintiffs in bringing wrongful death lawsuits. For a free legal consultation with a Texas personal injury and wrongful death attorney, email us at info@fnlawfirm.com or call us on our toll-free number at 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 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.

What types of damages can a plaintiff recover in a Texas wrongful death lawsuit?

The type and amount of damages awarded in Texas wrongful death lawsuits depends in large part on the plaintiff’s relationship to the deceased victim. For example, a spouse of a deceased victim receives different damages than the child of a deceased victim. Damages is the legal term for the compensation awarded when the plaintiff’s wrongful death lawsuit is successful.

While no price tag can ever be placed on the life of a loved one, a wrongful death lawsuit helps the deceased’s family by alleviating the financial losses that they will suffer without the deceased’s income. These are known as pecuniary damages. Some of the information the court considers in determining the amount to which the plaintiff is entitled includes:

·         The amount of money the deceased earned

·         To what extent the survivors were financially dependent upon the deceased

·         Medical expenses

·         Funeral expenses

Other factors that have to be considered are the non-monetary contributions the deceased made to the family that nonetheless saved the family money. For example, a parent who cared for the children saves the family money because they do not have to place the children in daycare. Housekeeping is another example.

In addition to pecuniary damages, family members can also receive compensation for their emotional suffering, such as loss of companionship, love, affection and moral support.

Fears | Nachawati represents plaintiffs in bringing Texas wrongful death lawsuits against the parties responsible for a loved one’s death. For a free consultation email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

Mother of Waco man killed in struggle with two security guards brings wrongful death lawsuit

A wrongful death lawsuit has been filed by the mother of a Waco man who was killed in a struggle with two security guards. The struggle, which took place in December of 2007, involved Richard Renschler Jr. and Thomas W. Renschler, brothers who own Texas Star Security.

 

The plaintiff is Sandra Marie Lockhart, of Waco, Texas. Her wrongful death lawsuit is being brought against the security guards over the death of her son, Orlando Gamble.

 

According to allegations made in the lawsuit, Gamble died as a result of “traumatic asphyxia and blunt-force injures associated with restraint.”

 

The suit alleges that the restraint and blunt force trauma was perpetrated by the two Renschler brothers, who are referred to in the suit as “John Doe 1” and “John Doe 2.”

 

Waco police reports describe the incident this way: Gamble drove up to the Parkside Apartments on the night of incident. There he was met by two security guards who asked him what he was doing there. Gamble responded that he was there to see a friend but could not give the security guards a name.

 

One of the guards claims to have seen drugs in Gamble’s car, at which point he asked Gamble to step out of his vehicle. Gamble exited his vehicle and began to run towards the apartment complex. He was then tackled by the guards. After the brief struggle, the guards report that Gamble “just went limp.”

 

Gamble later died of his injuries at the hospital.

 

Defendant Richard Renschler has stated that it is the job of his security company to prevent trespassers from entering the property.

The case was referred to the McLennan County district attorney’s office. No arrests have been made. The matter is still awaiting presentation to a grand jury which will decide if any further criminal action should be taken.

For the rest of the story on Gamble’s Texas wrongful death lawsuit, click here.

 

Fears | Nachawati represents individuals in bringing wrongful death lawsuits in Texas. Email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

Wrongful death lawsuit against Dallas County jail to move forward

A judge has given the go-ahead on a wrongful death lawsuit brought by the family of a mentally ill woman who died in the Dallas County jail. The ruling comes two years after the initial suit was filed in 2007. 

 

The wrongful death lawsuit centers of the death of Rosie Sims, and is being brought by her three children: Tosha Sims Lee, Melissa Lomack and Archie Sims Jr.

 

According to the federal judge overseeing the case, Sidney A. Fitzwater,  there is enough evidence to pursue at least one of suit’s claims – that Sims was punished in violation of her 14th Amendment rights given the deplorable conditions of the Dallas County jail. Several other of the plaintiffs’ claims were thrown out by Fitzwater.

 

The lawsuit alleges that Sims did not receive medical treatment or routine examinations during the time she was in custody. Guards found Sims lying on the floor in her own waste in November of 2005, according to the suit, but did not take her to be examined.

 

The conditions of the Dallas County jail were found to be so poor around the time of Sims’ death that the federal government became involved and continues to oversee improvements.

 

To date, the county has lost one neglect lawsuit and settled another. The two payouts totaled nearly $2 million.

For more on the Sims’ Texas wrongful death lawsuit, click here for the full story.

Fears | Nachawati is a Texas law firm representing plaintiffs in wrongful death lawsuits. If you have lost a family member due to the negligent actions of a third party, contact us today for a free legal consultation on your potential Texas wrongful death lawsuit. Simply e-mail us at info or call us on our toll-free helpline at 1.866.705.7584.@fnlawfirm.com

Wrongful death lawsuit filed by family of man killed in workplace accident

The family of one of the construction workers killed in Austin, Texas, when a piece of scaffolding collapsed has filed a wrongful death lawsuit.

The wrongful death lawsuit has been filed on behalf of the wife and children of Wilson Cerritos. This lawsuit comes on the heels of a workplace accident that took place at the construction site of the 21 Rio condo project last week. Cerritos and two other construction workers were killed when the scaffold they were standing on plunged several stories.

One of the defendants named in the wrongful death lawsuit is American Mast Climbers, the manufacturer of the scaffolding. According to the lawsuit, American Mast Climbers manufactured a defective product and failed to provide adequate warnings.

In addition, the general contractor and subcontractor are accused of negligence for failing to provide Cerritos and the other men with a safe working environment.

For more on this Texas wrongful death lawsuit, click here.

At Fears | Nachawati, we represent families in bringing wrongful death lawsuits against the responsible parties. If you have lost a loved one and believe you may have a claim for wrongful death, contact us today for a free legal consultation. You can contact us by email at info@fnlawfirm.com or by phone on our toll-free helpline: 1.866.705.7584.

In an Auto Accident, Motorcycle Accident, or 18 Wheeler Accident, what damages can I claim from Insurance?

In Auto Accidents, 18 wheeler accidents, motorcycle accidents and truck accidents, what damages are you entitled to as an injured person?  Missing some of the damages that the insurance will not tell you about could be crucial when it comes to the potential money that you will receive out of settlement or your case, which is the reason it is important to consider hiring a competent, trustworthy lawyer in times when you need legal help or legal advice. 

For all of our loyal readers, our law firm, Fears | Nachawati, wrote this short blog article touching on some damages that may be claimed in personal injury claims and suits arising from truck accidents, motorcycle accidents, 18 wheeler semi tractor trailer accident, and auto accidents. 

If you are involved in an accident and sustain injuries, you could, if the facts support it, make claims for the following:

Medical Bills and Expenses

Lost Wages

Loss of Wage Earning Capacity

Physical Impairment

Permanent Disfigurement

Loss of Consortium

Loss of Inheritance

Wrongful Death

Costs and Expenses of Suit

Prejudgment and Postjudgment Interest

Punitive Damages

Loss of Household Services

Pain, Suffering & Mental Anguish

It takes an intelligent lawyer to concisely portray your case in the best light possible so as to maximize your recovery.  Our team of trial lawyers at Fears | Nachawati, will go to trial at any given time to protect your rights and pursue justice. 

If you need legal help of legal advice, call us to set up a free phone or in office consultation by email at mn@fnlawfirm.com or by toll free phone 1.866.705.7584.  Our firm has successfully represented thousands of Texans living in Dallas, Houston, San Antonio, Austin, and Fort Worth.

 

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Wrongful death lawsuit comes two years after death of teen in "car surfing" accident

A wrongful death lawsuit has been brought against a Waco, Texas, movie complex. The suit is being brought by the parents of Keon Talton, a 13-year-old boy who died from injuries as a result of “car surfing” in the theatre’s parking lot.

On June 9th, 2007, Keon Talton was riding on the roof of a Jeep Cherokee in the parking lot of the Starplex Galaxy 16 movie theater. Talton fell off the roof, resulting in serious injuries from which he died two days later in a Fort Worth hospital. 

Other defendants named in the lawsuit include the teenage driver of the car, Javonte Verzale Ross, who was 15 at the time of the accident. The owners of the Jeep, Starplex Cinemas Inc., Starplex Operating L.P. and Realty Income Texas Properties have also been named in the suit.

While Talton was riding on the roof of the car, Ross was seen swerving and coming to a quick stop, which caused Talton to fall of the roof. Ross pled guilty to manslaughter for Talton’s death and was given 5 years of juvenile probation.

Talton’s parents allege that both Ross and the theatre complex were negligent. The claim against the theatre is based on an alleged failure to provide adequate lighting and security.

For the complete story on this Texas wrongful death lawsuit, click here.

If you have suffered the tragic loss of a loved one through the negligent behavior of a third party, let us help you. At Fears | Nachawati, we will provide you with a free consultation to help you understand your rights and to discuss your potential wrongful death lawsuit. You can reach us by email at info@fnlawfirm.com or toll free by phone at 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

 

 

Texas wrongful death lawsuits: what is negligence?

In a Texas wrongful death lawsuit, an attorney must be able to establish four things:

  • A human being has died.
  • The death was a result of a third party’s negligence.
  • The decedent has surviving family members.
  • The decedent’s surviving family members have suffered harm because of the death.

A person is negligent if their conduct departed from the conduct that could be expected from a reasonable person in the same circumstances. In less technical terms, your Texas wrongful death attorney will be proving that the defendant was acting carelessly and the decedent died as a result of that carelessness.

The theory of negligence is the basis for holding a person legally responsible in wrongful death lawsuits as well as any Texas personal injury lawsuit. All of us have a general duty to those around us to act in a reasonably safe manner. If a person fails to do so, and someone is killed as a result, then a Texas wrongful death claim may arise.

If you have lost a loved one to the negligence of a third party, contact Fears | Nachawati today to learn more about wrongful death lawsuits. We will provide you with a free, no obligation legal consultation. Simply email us at info@fnlawfirm.com or call us on our toll-free hotline at 1.866.705.7584.

Good Samaritan struck and killed while aiding disabled motorist

A Good Samaritan was struck by an out-of-control driver when he pulled over to assist a stranded motorist. The motorist’s car had stalled while he was driving on the Southwest Freeway near Hazard, Texas. His vehicle was stopped in the emergency lane. The driver of the vehicle is a disabled man.

Both drivers were standing outside of their cars when a third vehicle crashed into the back of the good Samaritan’s car, striking both men. The collision caused one of the men to become pinned between his vehicle and that of the suspect. He later died of his injuries at Memorial Hermann Hospital.

The disabled driver was thrown over the wall of the HOV lane. He is currently listed as being in serious but stable condition at Ben Taub Hospital.  The accident took place around 1:45 a.m. on Sunday, June 7th.

A man running from the scene of the accident, who police believe is the suspect, was taken into custody. He was apprehended while he was attempting to climb over a fence.  If the man is, in fact, the driver of the vehicle who caused the accident, investigators say he could be facing charges of felony evading and intoxication manslaughter.

The names of the two accident victims have not yet been released.

To read the full article, click here.

For a free consultation from a Texas personal injury lawyer, email Fears | Nachawati at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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. 

 

What is a wrongful death lawsuit?

A wrongful death lawsuit is a claim brought on behalf of a person who was killed due to the negligence of a third party. The idea behind a wrongful death lawsuit is that the surviving family members of the deceased are owed compensation by the responsible party for the loss of their loved one.

In order to bring a successful wrongful death lawsuit, four things must be shown:

1.      A person has died.

2.      The deceased died as a result of the defendant’s negligence.

3.      The deceased is survived by immediate family members, such as a spouse or children.

4.      The surviving family members have suffered a monetary loss as a result of the victim’s death.

In addition to spouses and children, other family members or dependents of the victim may be eligible to bring a wrongful death claim. A Texas wrongful death lawsuit attorney can advise you on the laws in our state.

All states, including Texas, provide for some type of wrongful death claim. At Fears | Nachawati, we provide legal representation to the family members of individuals who have been killed because of the negligent actions of another person.

We can provide you with a free consultation about your potential Texas wrongful death lawsuit. Simply email us at info@fnlawfirm.com or call us at 1.866.705.7584.

What is a personal injury lawsuit?

A personal injury lawsuit is based on one person being injured because of the negligent actions of another person. A person is negligent if they fail to act with the prudence that a reasonable person would under the same circumstances. Liability can also be founded on behavior that is reckless or intentional. The person liable for the accident is the defendant, while the person bringing the suit is the plaintiff.

The purpose of a personal injury lawsuit is to compensate the victim for their injuries and losses. These are known as “damages.” The amount of compensation awarded to a plaintiff in a successful personal injury claim depends on the extent of their injuries, both physical and emotional.

The law surrounding personal injury lawsuits varies from state to state. That is why it is so important that you seek the advice of a Texas personal injury attorney. Only an attorney versed in Texas personal injury law can properly advise you on your potential claim.

The law firm of Fears | Nachawati represents accident victims in personal injury lawsuits. To find out if you may have a personal injury claim, contact us today to receive a free consultation. You can email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

You should not hesitate in consulting with a Texas personal injury attorney. If you wait too long, your claim might be barred by the state’s statute of limitations. A statute of limitations is a law that limits the amount of time in which you have to bring your personal injury claim.

South Texas car accident kills three, injures one

A head-on collision with an 18-wheeler has claimed the lives of a Manvel High School senior and her mother. The deceased victims are 40-year-old Margarita Perez and her 18-year-old daughter Elizabeth Ann Perez.

A relative of the two women, 3-year-old Isaac Joe Salas, was also killed in the accident. Elizabeth’s 21-year-old sister was injured. She was taken to a Corpus Christi hospital by a medical helicopter.

The accident took place on Saturday, May 23rd at around 7 a.m. on Highway 285.

For more about the accident and Elizabeth Ann Perez, click here for the complete article.

Car accidents involving 18-wheelers and other tractor trailers are often fatal. The typical passenger motor vehicle is no match for the size and power of these large trucks. If you have lost a family member to a car accident, contact Fears | Nachawati today at info@fnlawfirm.com or 1.866.705.7584. We will provide you with a free consultation on your potential wrongful death claim. 

17-year-old dies of injuries from fiery single-car accident

Friday morning, just before noon, a driver was killed in a fiery car accident on State Highway 6. The driver, 17-year-old Alex Reed, was pulled from the car by firefighters before the car became engulfed in flames. Reed was taken to Hillcrest Baptist Medical Center where he later died of his injuries.

The accident occurred when Reed struck an overpass support near the Speegleville Road exit. State Highway 6 was closed for several hours after the accident.

Fears | Nachawati helps car accident victims seek compensation for their injuries. For a free consultation, email us at info@fnlawfirm.com or call us toll free at 1.866.705.7584.
 

47-year-old Killeen man killed in head-on collision

A 47-year-old Killeen, Texas, resident is dead after a head-on collision that occurred early Monday morning, May 18th. Rodrigo Enriques was killed when his car was struck head-on by a car traveling north in the southbound lane of State Highway 195, just north of Florence.

The two passengers in Enriques’ car, Vladimiro and Junior Alvardo, 46 and 23 respectively, suffered non-life threatening injuries. The driver of the vehicle who caused the accident is 21-year-old Luis Hirsh. He was in severe condition when he was taken to a nearby hospital.

The innocent victims affected by a car accident, including the loved ones of a deceased victim, should not have to bear the expenses.  Fears | Nachawati helps car accident victims seek compensation for their losses. For a free consultation, email us at info@fnlawfirm.com or call us toll free at 1.866.705.7584.

Man crossing street in wheelchair is hit and killed by dump truck in Houston, Texas

A veteran hospital patient was crossing the street in a wheelchair when he was struck by an oncoming dump truck. The accident occurred while the wheelchair-bound man was crossing Old Spanish Trail in southeast Houston. The man was taken to the hospital with grave injuries where he later died.


The driver of the dump truck lost control of the vehicle after a collision with a Ford Taurus. After the accident with the Taurus, the dump truck continued to move forward, hitting the man, whose name has name has not been released, as he was rolling across the street on a crosswalk.
 

Continue Reading...

Boating deaths already at 13 statewide

COMPILED FROM WIRE REPORTS
Sunday, April 12, 2009

DALLAS

Statewide boating deaths at 13

Thirteen people have died in Texas boating accidents this year, one more than at this point last year.

Major Alfonso Campos, chief of marine enforcement for the Texas Parks and Wildlife Department, said the state is off to a "grim start" this boating season, in part because of strong winds.

"This is the time of the year when the wind picks up, but people want to go out because it's warm," Campos told The Dallas Morning News. "But then the wind picks up and they capsize."

Boating accidents on Dallas-area lakes led to the deaths this week of an 18-year-old man and a 37-year-old woman. In both instances, boats overturned in high winds. The wind also might have played a role in the death of a 54-year-old man whose sailboat was grounded last month on Lake Lewisville, considered one of the state's most dangerous lakes.

Sixty-one people died on Texas waterways last year. The number of deaths has steadily risen annually since 2005, when 36 were reported.

A situation like this creates more questions than answers.  The Wrongful Death Law Firm of Fears & Nachawati are standing by to assist this family or any family that is faced with the wrongful death of a loved one.  If you, a friend or family member are facing a similar situation don't hesitate to contact Majed Nachawati at MN@fnlawfirm.com or (214) 890-0711.

1 dead in auto-pedestrian accident in south Fort Worth

A woman was killed early Monday when she was struck by two vehicles on the northbound service road of Interstate 35W near Seminary Drive, police said.

A situation like this creates more questions than answers.  The Wrongful Death Law Firm of Fears & Nachawati are standing by to assist this family or any family that is faced with the wrongful death of a loved one.  If you, a friend or family member are facing a similar situation don't hesitate to contact Majed Nachawati at MN@fnlawfirm.com or (214) 890-0711.

The incident was reported at about 6 a.m., said Sgt. Rodney Bangs, supervisor of the Traffic Investigation Unit.

The 54-year-old woman, whose name was unavailable at 8:15 a.m., may have walking to get roadside assistance for a stranded vehicle, Bangs said in an e-mail.

"She was struck by a delivery van driver who stated that he did not see her in the roadway," Bangs said.

The woman was hit a second time by a Dodge pickup truck that was following behind the delivery van, Bangs said.

She was pronounced dead at the scene, he added.

Police declined to release her name because her family was not yet notified, but a vehicle that was registered to her was found nearby, Bangs said.

"Investigators believe that she may have been walking to seek help due to her vehicle breaking down," Bangs said. "Due to the circumstances criminal charges are not anticipated."

At the Law Firm of Fears & Nachawati, Majed Nachawati leads a team of Personal Injury attorneys that represent clients throughout the state of Texas that have been involved in a serious auto accident.  " Right now as our state is enjoying fiesta, NBA playoffs and the start of the baseball season we will have to endure an increase in the amount of innocent victims that will have their lives dramatically changed by the actions of another driver.  My team is prepared and ready to fight for victims of auto accidents! " Majed Nachawati

Man dies after falling six stories

By Eva Ruth Moravec - Express-News

A 56-year-old man was scaling an apartment building early Tuesday morning when he fell six stories to his death.

The Bexar County medical examiner's office confirmed he died of a "multi-story fall" after he was found dead and the roof lock cut on the rope he was using to scale the historic Aurora Apartments in the 500 block of Howard Street..

The man has not yet been identified and is reported by San Antonio Fire Department staff to not be a resident of the apartments he was climbing in the 500 block of Howard St.

The Express-News previously reported that the building that faces Crockett Park, designed by Richard van der Stratten and Herff & Jones, opened in 1930 as an upscale apartment tower. In recent years it was used as affordable housing through the U.S. Department of Housing and Urban Development.

A situation like this creates more questions than answers.  The Wrongful Death Law Firm of Fears & Nachawati are standing by to assist this family or any family that is faced with the wrongful death of a loved one.  If you, a friend or family member are facing a similar situation don't hesitate to contact Majed Nachawati at MN@fnlawfirm.com or (214) 890-0711.

Boy, 2, critically injured

10:31 PM CST on Saturday, February 21, 2009
By MATTHEW HAAG / The Dallas Morning News

 

Police handout.
Stewart Richardson.
A grief-stricken mother, Loubna Elharazin, pleads with the public not to drive under the influence. Her 2-year-old son is in very critical condition at Cook Children's Medical Center in Fort Worth after the family car was rear-ended by a suspected drunken driver. (Feb. 25, 2009) Video by Jen Watch Video

Arlington police officers arrested a man who they say has a history of DWI arrests after his pickup slammed into a car and critically injured a 2-year-old boy late Friday, police said.

Officers arrested Stewart Richardson, 44, of Davenport, Iowa, on a charge of intoxication assault with serious bodily injury. He was taken to Medical Center of Arlington, police said. Later Saturday, he was being held at the Arlington Jail, where his bail had not been set.

The incident happened about 10:45 p.m. Friday when a Honda Accord carrying three people was stopped at a red light in the 4900 block of South Cooper Street at Oak Village Boulevard in south Arlington, spokesman Lt. Blake Miller said in a news release. While the car was stopped, a Ford pickup hit the back of the Honda. The force of impact pushed the car into the intersection, where it struck another car, Miller said.

Paramedics took 2-year-old Abdallah Khader of Arlington, who was sitting in the Honda’s back seat, to Cook Children’s Medical Center in Fort Worth in critical condition, police said.

Paramedics also took the driver of the Honda, 43-year-old Fahad Khader of Arlington, to John Peter Smith Hospital in Fort Worth in an unknown condition, police said. The Honda’s other passenger and the driver of the other car weren’t taken to the hospital, police said.

“We need to continue to get the message out about the dangers of drinking and driving,” Miller wrote in an e-mail. “We have a 2-year-old fighting for his life.”

Last month, the Arlington Police Department announced that it would start a 60-day plan to try to reduce the city’s increase in major traffic accidents and traffic fatalities. Under the two-month plan, police are targeting aggressive and speeding drivers or drivers who appear to be under the influence, police said. Officers are also joining Texas Alcoholic Beverage Commission officials in checking bars.

Man's death at East Side Construction Site Probed

By Michelle Mondo - Express-News

A man was confirmed dead at a work site on Gembler Road on the city’s East Side on Friday, but an autopsy was still needed, according to the medical examiner’s office.

Early reports were that the man died of natural causes but that could not be confirmed.

Fire and EMS were called around 5:30 p.m. to the site off Gembler Road for a man in a trench, according to scanner traffic and the San Antonio Fire Department’s active response page.

The site was far off the roadway, tucked behind an RV Park and a city golf course. Media was not allowed to enter.

At 7:30 p.m. emergency vehicles cleared the site without any officials speaking to reporters.

Details were not available on who was working at the site, what work was being done or if the man was working in the trench when he died or if he fell into the trench.

Attempts to reach officials after they left the scene were not successful.

If you or a loved one has been injured at work contact the Law Firm of Fears & Nachawati immediately.  Our team of experienced Wrongful Death attorneys are standing by to fight for you! Contact us at 214 890 0711 for a free consultation and case analysis.

Emergency heart-care system launched

By Don Finley - Express-News

A new system of care aimed at rushing patients with the most deadly form of heart attacks to balloon therapy in 90 minutes or less was formally launched Thursday.

However, another big piece of the life-saving puzzle is persuading those patients to call 911 in the first place, experts said.

After a year of hammering out the details, a dozen local hospitals and hospital systems and 13 regional emergency medical systems signed agreements to form the Heart Alert Response System, similar to the regional trauma system developed here a decade ago.

Under the system, paramedics diagnose heart attacks using portable EKG machines they've been trained to interpret. The paramedics then sound a “heart alert” to scramble the hospital's cath lab teams regardless of the hour.

“While they're traveling to the hospital, the cardiologist and cath lab team are also traveling to the hospital, hoping to arrive in roughly the same amount of time,” said Dudley Wait, director of Schertz EMS and chairman of the committee that organized the heart alert system. “And then we take the patient right into the cath lab.”

Ideally, all heart attacks should go as well as Bruce Runyan's heart attack did Dec. 12.

The 54-year-old Rackspace Hosting Inc. executive woke up one morning perspiring heavily with mild chest discomfort, nausea and shortness of breath.

His wife quickly drove him (although experts urge people to call EMS rather than drive) the two blocks from their home to the Alamo Heights Fire Station, where paramedics hooked him to an EKG and notified Northeast Baptist Hospital he was suffering a STEMI — or ST-segment Elevation Myocardial Infarction, the kind of life-threatening heart attack the system was designed for.

Less than an hour from being put in an ambulance, he was having three blocked arteries opened with a balloon catheter and stents.

Runyan's voice broke as he stood at a podium and thanked the paramedics and medical staff who saved his life.

“What you guys do is really important,” he said. “We're talking about real people and real lives, so thank you from me and my family — and for the hundreds and thousands of people in the next year or two you're going to save.”

While some EMS systems have the ability to wirelessly transmit those EKG results to the emergency room before arrival, not all of them can — San Antonio's EMS being the biggest that currently can't.

However, Assistant Fire Chief Mario Guerra, division commander of EMS, said the city has set aside funds to upgrade the 12-lead EKG devices in every EMS unit.

Seventeen of 20 local hospitals have interventional cath labs capable of opening clogged coronary blood vessels — a procedure known as percutaneous coronary intervention, or PCI. Dr. Craig Manifold, medical director of San Antonio EMS, said a national survey of EMS systems released this week found only half had 12-lead EKG machines in most of their ambulances, and only a third of STEMI patients currently are taken first to a hospital capable of treating them.

“We're ahead of most areas when it comes to providing care to heart attack patients, which we as a community should be very proud of,” Manifold said.

But the whole elaborate system of care is for naught when patients don't seek help, said Dr. Marc Feldman, an interventional cardiologist at University Hospital.

“No one wants to be sick, so even if you're having chest pain you always say, ‘It must be indigestion,'” Feldman said. “At University, we get so many people who walk in one or two days after a heart attack, when they've had symptoms and their wives pushed them in. They changed their whole future. Once your muscle's damaged, you can be short of breath and tired the rest of your life.”

When new techniques and technology are used in health care, the hospital and medical staff are taking on a huge risk and responsibility to ensure that they are trained properly and the equipment is working correctly. Many mistakes will happen over the next few years and the Law Firm of Fears & Nachawati are standing by to fight for your family.  If you need help or have lost a loved due to a mistake or negligence by a hospital or the staff contact us immediately at 214 890 0711.

What did the Army do to address concerns

By Lindsay Wise - Express-News

The Army had ample evidence of low morale and poor leadership at the Houston Recruiting Battalion from internal investigations and inspections dating to 2006, roughly three years before a brigadier general’s report uncovered the same problems at the battalion after a string of suicides among recruiters there.

According to documents obtained by the Houston Chronicle through a Freedom of Information Act request, Brig. Gen. Frank D. Turner’s investigation confirmed what the Army already knew about the poor command climate at the Houston battalion.

Three of the four suicides examined in the general’s probe, which concluded in December, occurred in the last two years. The documents released to the Chronicle this week raise new questions about what the Army did to address concerns raised by recruiters in Houston prior to those deaths.

In an interview Friday, Turner said he found that after each of the previous investigations and inspections of the Houston battalion, steps were taken in most cases to “cut the cancer out” and improve working conditions, but he said more could have been done. “In hindsight, maybe different actions were warranted,” he said.

Turner said the Army has taken action after his report, including replacing leaders at battalion and brigade levels. Maj. Gen. Thomas P. Bostick, head of U.S. Army Recruiting Command, could not be reached for comment Friday.

Four recruiters assigned to the Houston battalion killed themselves between January 2005 and September 2008. All four soldiers had served in Iraq or Afghanistan before being reassigned to recruiting duty.

After the Chronicle’s inquiries into the suicides, U.S. Sen. John Cornyn, R-Texas, wrote to Army leaders in October to request an investigation.

The documents released to the newspaper include Turner’s final report, memos, e-mails, records of phone conversations and sworn statements related to the suicides.

In his report, Turner wrote that the Houston battalion has suffered from a poor command climate for years.

“The climate has been fostered by the leadership styles of several senior leaders, an unhealthy and singular focus on production at the expense of soldier and family considerations,” he wrote.

As early as March 2006, documents show, an inspection by the Army Inspector General’s office revealed “below average morale” and “micromanagement” at the Houston battalion.

A year later, an official with the Army’s Family Readiness Group visited the battalion in the wake of Sgt. Nils Aron Andersson’s suicide on March 6. The official found low morale in March 2007 and no improvement in August 2007.

In July 2008, Army investigators once again noted low morale in the unit, and reported that the battalion commander’s policy of 13-hour workdays was being abused by station commanders and company leadership.

Recruiters described a group known as the “Mafia,” a close-knit clique of Houston battalion commanders and permanent recruiters who operated outside the bounds of accepted policies and closed ranks to protect their own.

“Soldiers feared reprisals for making negative comments about company leadership teams,” Turner wrote.

Recruiters also felt that their long work hours prevented them from maintaining personal relationships, he wrote.

One recruiter said in a sworn statement that he didn’t know if he was going to be able to make his wedding even though he put in for the time off weeks in advance.

“I was told the day before my wedding that I would be off,” the recruiter wrote. “That is just an example of what we have to go through.”

On July 2, 2008, the battalion commander, whose name has been redacted from the documents, e-mailed commanders and first sergeants saying he’d been receiving too many calls about leaders violating policy and making recruiters work from 5:30 or 6:30 in the morning until 9 or 10 at night.

In the same e-mail, the commander stated he’d also been hearing complaints about abusive leadership in the battalion.

“I am also getting numerous calls on recruiters being called ‘dirtbags’ or ‘useless’ when they do not accomplish mission each month,” he wrote. This type of leadership must cease, the commander wrote.

Exactly one month later, Turner has confirmed, commanders inappropriately humiliated Staff Sgt. Larry G. Flores Jr. at “low-production counseling session” in which Flores and other recruiters who failed to meet monthly quotas had to defend their work ethics before superiors.

Flores’ friends and colleagues have said the 26-year-old station commander later told them the battalion’s command sergeant major had pressured him to admit he was a failure.

Turner said he believes the episode played a role in Flores’ suicide a week later.

Six weeks after Flores’ death, Sgt. 1st Class Patrick G. Henderson, 35, became the fourth Houston-based recruiter to commit suicide in less than four years.

Cornyn met with a dozen recruiters at their station in a River Oaks strip mall Friday morning. Afterward he said he hopes to follow up with congressional hearings.

Cornyn said he’s been briefed on Turner’s report, which was delivered to his office Friday morning.

“I would say to the extent that these problems have been identified before and not acted on appropriately, that’s certainly going to be part of the subject matter of the hearing the Senate Armed Services Committee is going to have in the very near future,” the senator said.

Veterans rights activist Paul Sullivan said he was deeply disturbed by the report, especially Turner’s finding that less than 60 percent of soldiers who return from deployment to a recruiting assignment have been fully vetted for psychological problems.

“The senior leaders at the Pentagon threw these Iraq and Afghanistan war veterans to the wolves by ordering them to recruiting duty in a known toxic command environment without sufficient mental health screening,” said Sullivan, executive director of Veterans for Common Sense.

At the Law Firm of Fears & Nachawati we represent families in wrongful death cases throughout the State of Texas.  If you need a wrongful death Law Firm, our wrongful death attorneys are standing by to assist you. Please contact us immediately at 214 890 0711 for a free consultation and case analysis.

Dallas Co. Health Officials Confirm First Flu Death

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

 
If you want to know how bad the flu is this year, just ask 4-year-old Christopher.
 

 

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.

Baby dies as bug strikes hospital

Baby dies as bug strikes hospital

Heartlands Hospital
Six babies are in an isolation ward at the hospital

A baby has died and six others are in an isolation ward after an infection struck at the neo-natal unit of a Birmingham hospital.

The baby was born prematurely at Heartlands Hospital almost two weeks ago and was one of two to become infected with Serratia bacteria.

A hospital spokeswoman said staff were hopeful the second baby would go home "in the next few weeks".

Five other babies have tested positive for the bacteria on their skin.

They have been put in a six-cot isolation unit as a "precaution", the spokeswoman added.

Hospital director Lisa Dunn said: "Two extremely pre-term babies were infected with the bacteria: very sadly one baby died.

"The second baby is doing very well and should be going home in a few weeks' time."

She said that Serratia appeared in neo natal units "from time to time" and could be controlled by restricting the spread of the infection.

The intensive care room has been closed to new admissions as a result but is expected to reopen this week, she added.

Serratia can cause blood infections and respiratory problems.

A spokeswoman for the hospital said the five babies who tested positive were not "infected" because the bug had not had chance to enter their bodies.

She added that the identity of the baby who died, and the dates of its birth and death, could not be revealed because of confidentiality issues.

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


Wrongful Death Lawsuits Examined

A wrongful death claim in Texas arises from the death of a person, as a result of, in whole or in part, of another person or entity's actions. Chapter 71 of the Texas Civil Practice & Remedies Code contains the exclusive remedy under Texas law for filing a wrongful death lawsuit. The act is intended to compensate a certain class of people for losses stemming from a loved one’s death. This class of people includes a husband, wife, child, family member, or someone else who otherwise qualifies as an heir or beneficiary under the decedent’s will. Persons in this class may be compensated for the loss of support or companionship of a loved one. A wrongful death suit is usually filed by a family member, beneficiary, executor or administrator of the decedent’s estate. Wrongful death claims can be very complex, as it is common for a claim to include multiple defendants. Oftentimes, many defendants are named in a wrongful death lawsuit. Some defendants settle prior to trial, while others defend the case from filing through trial. The amount of recovery usually depends upon the law of the state in which the claim is filed.  It is important to contact a Texas attorney or attorney licensed in your state in order to protect your legal rights.

Four Month Old Dies at Overcrowded Denton Day Care

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