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

A Texas man has filed a lawsuit against two Nome residents alleging he was burned in an explosion while on their property.

The plaintiff, James Anderson, says he was at the home of Virgil and Rodney Martel performing yard work on June 23^rd. At that time, claims Anderson, he heard some noises coming from a building on the property.

Anderson decided to investigate the sound, and he entered the building where he found 15-year-old Kevin Martel welding a handle onto a container. While Anderson was standing there, the container exploded, causing what the suit describes as “catastrophic injuries” to Anderson.

According to Anderson’s lawsuit, the container had previously contained some type of fuel or diesel and had not been properly cleaned in preparation for the welding.

In his lawsuit, Anderson is seeking an unspecified amount of damages for lost wages, medical expenses, physical injuries and pain, mental anguish, scarring, physical impairment, disfigurement and loss of household services. Additionally, Anderson is seeking pre- and post-judgment interest.

For more on this Texas personal injury lawsuit, click here for the complete article.

Fears | Nachawati is a Texas personal injury law firm, representing victims of all types of accidents. To receive free legal advice from one of our Texas personal injury attorneys, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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While it is possible to negotiate an insurance settlement on your own, the wisest course of action is to seek the counsel of an experienced personal injury lawyer. Insurance companies are focused on their bottom line – which means getting you to settle for the lowest amount possible. A personal injury lawyer, by contrast, works only for you, with your best interests at the forefront of everything they do.

Often an insurance company will offer an accident victim only a fraction of what their claim is really worth. A personal injury lawyer can help ensure that you recover an amount that represents the true value of your claim. Your attorney can make sure you are compensated not only for your physical injuries and medical bills, but also for your pain, suffering and emotional trauma.

Personal injury lawyers are skilled at negotiating with insurance companies to get you the best possible settlement. If necessary, a personal injury lawyer also has the knowledge and skills necessary to take a case to trial.

The average person does not know all of their legal rights. As personal injury lawyers, it is our job to know the law inside and out. An insurance company’s only job is to pay out on a claim. A personal injury lawyer, on the other hand, will advise you every step of the way and ensure that your legal rights are protected.

If you have been injured in an accident, you already have enough to worry about. Let a personal injury lawyer step in to handle all of the paperwork and communications with the insurance company and the other party’s legal counsel. That way, you can focus on your recovery and getting your life back to normal.

At Fears | Nachawati, we represent accident victims in obtaining full and fair compensation for their personal injuries. We will deal with the insurance company so you don’t have to.

For free legal advice on your personal injury claim or insurance settlement, contact us today. You will speak directly with a Texas personal injury lawyer who will answer all of your questions and advise you on the next steps you should take. Simply email us at info@fnlawfirm.com or by phone at 1.866.705.7584.

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The most common basis for a Texas personal injury lawsuit is negligence. However, sometimes lawsuits are based on what is known in legal terms as an “intentional tort.”

In the most simple terms, an intentional tort, as the name implies, is a wrongful act intentionally committed by the wrongdoer. Rather than negligence, which is unintentional, an intentional tort involves committing the act knowingly and purposefully.  

The main difference between an intentional tort and negligence, in terms of personal injury lawsuits, is that the plaintiff must also prove intent in addition to the other elements of a personal injury lawsuit. Intent means that the defendant acted either on purpose or with substantial knowledge that an injury or other harm was likely to occur.

An intentional tort is a civil wrong, which may or may not also be a criminal act. For example, assault and battery are both intentional torts that can also result in criminal charges and prosecution.

In addition to assault and battery, other types of intentional torts include:

• Intentional infliction of emotional distress
• Slander
• Libel
• False imprisonment
• Trespass
• Fraud
• Nuisance
• Theft

Often, the damages awarded in cases of intentional torts are more substantial than those awarded in cases of negligence. The large amount of damages awarded are intended to serve, in part, as a deterrent. Society wants to discourage people from intentionally committing wrongful acts against fellow citizens.

Punitive damages are more frequently available in intentional tort cases than in other types of personal injury lawsuits. Punitive damages are intended to serve as a punishment rather than as direct compensation to the victim for their losses and injuries.

If you have been the victim of an intentional tort, you may have grounds for bringing a Texas personal injury lawsuit. The Texas personal injury lawyers of Fears | Nachawati provide tort victims with free legal advice. To speak to one of our attorneys, completely free of charge, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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It is not uncommon for multiple people to be responsible for a plaintiff’s personal injury. For instance, say you slip and fall in a grocery store. You might have a claim against the store where the accident occurred as well as the corporation that owns the store. In this case, Texas’s rule of joint and several liability would come into effect. It’s a complicated name for a simple concept.

The Texas joint and several liability rule was implemented to cover situations where more than one person or entity is responsible for an accident. Under this rule, you have the ability to seek compensation from multiple defendants. The benefit to the plaintiff is that they can still recover their full judgment even if one or more of the defendants can’t pay up.

Texas is somewhat unique in its approach to joint and several liability. Typically joint and several liability means that every defendant who is a party to the lawsuit is responsible for the entire amount of damages awarded to a plaintiff, regardless of their percentage of fault.

In Texas, however, a defendant is only responsible for the full amount if they are found to be 51% responsible for the accident. Otherwise, they are only responsible for an amount equal to their percentage of fault.

The victim of a personal injury may not realize that multiple people or entities are at fault. That is why it is so important that you seek the immediate legal assistance of a personal injury lawyer.

An experienced Texas personal injury attorney can determine exactly whose negligence caused your accident, and this may include a number of different potential defendants. If you have been injured in an accident, contact Fears | Nachawati today for free legal advice to learn more about your rights and options. You can reach us by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

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As an experienced  personal injury lawyer in the Dallas Fort Worth area, I have come up with this top ten list for people who are considering negotiating on their own with an insurance adjuster for injuries sustained in an auto accident or other type of personal injury case.

Top Ten List - Considerations and Tips for People involved in a Dallas Auto Accident or Personal Injury Accident

1.  Insurance adjusters are not under oath and do not have to be honest with you.  I believe the top tactic in keeping adjusters honest is to hire a lawyer to file suit in your case where adjusters are held accountable and must be truthful.

2.  An adjuster typically deals with you fairly for the most part on property damage claims.  The adjuster tries to capitalize on the average person's lack of knowledge on the bodily injury component of an injury claim. Do not let them take advantage of you.

3.  Insurance adjusters handle thousands of auto accident and injury claims a year.  How many have you handled?  Do you really think you are going to have the upper hand in negotiations with an insurance company?

4.  Do not disclose any information about your health insurance to the auto insurance adjuster!

5.  Do not give the insurance adjuster a medical release authorization for your records. 

6.  Do not disclose to the at fault insurance company's adjuster whether you have personal injury protection coverage on your own policy.

7.  Do not give a statement to the insurance adjuster prior to retaining a personal injury lawyer.

8.  Do not hire a lawyer who shows up at your doorstep unsolicited. 

9.  Do not sign any releases provided by the insurance company or insurance adjuster. 

10.  Seriously consider the benefits of hiring a competent lawyer you can trust and who is knowledgeable.  Hiring a good lawyer will do more than just level the playing field with the insurance company.  

Free legal information and legal advice about dallas auto accident claims or personal injury claims can be obtained by contacting attorney Majed Nachawati with the Fears | Nachawati Law Firm.  Initial consultations are free. Email - mn@fnlawfirm.com , Toll Free Phone 1.866.705.7584

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Dallas auto accidents create the need for people to seek legal help from an injury lawyer. Being in an accident also presents the accident victims with an unfamiliar scenario that is complicated by the shock of being in an accident.  Here is some general legal help when it comes to what YOU should do if involved in an auto accident in Dallas. 

1.  Call the Dallas police who usually will not come out unless someone is injured;

2.  If you are injured, let the Dallas dispatcher know that to ensure you receive appropriate medical care;

3.  Obtain the driver's license and insurance information and license plate of the at-fault driver;

4.  Try to take pictures of the accident scene from your phone for evidentiary purposes;

5.  Do not refuse to go to the hospital, as you need to go if you are hurt;

6.  Hold off on giving any statement to your insurance or the other party's insurance until you are fully legally informed as to your personal injury rights under Texas Law.

One of our lawyers would be happy to provide a free consultation to let you know exactly what your rights are over the phone or in person. 

To get legal help from a Fears | Nachawati Lawyer, call us at 1.866.705.7584 or email at mn@fnlawfirm.com.

Our lawyers would be happy to help you out with your injury claim.

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Before you file a worker’s compensation claim, talk to a Texas personal injury lawyer. In some workplace accidents, a party other than your employer may be at fault for your injury. If a third party, such as a vendor or subcontractor, is the cause of your injury, then you may be able to bring a personal injury suit against them.

By first consulting with a Texas personal injury lawyer, you may be able to get more compensation for your injuries. To ensure that you are fully and fairly compensated for your workplace injury, it is wise to speak with an attorney who understand Texas personal injury law and can determine who is responsible for your accident and whether negligence was involved.

If you have been injured while on the job, contact Fears | Nachawati for a free legal consultation. Worker’s compensation may not be your only recourse. Depending on the circumstances surrounding your injury, you may be eligible to bring a third-party claim. Email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

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

Factors important in hiring the Best Personal Injury Lawyer:

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

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

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

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

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

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

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

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

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

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

Factors important in hiring the Best Personal Injury Lawyer:

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

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

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

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

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

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

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

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

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

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Damages are the amount of money that is awarded to a successful plaintiff in a Texas personal injury lawsuit. In Texas, damages fall into one of two broad categories: economic and non-economic damages. Economic damages are much easier to calculate because they can be quantified through objective information such as the plaintiff’s medical bills and the value of personal property that was destroyed.

Economic damages include:

·        Past and future medical expenses

·        Lost wages, both present and future

·        Loss of earning capacity

·        Damage to personal property

·        Any other costs that are a direct result of an injury sustained in the car accident

·        Court costs

Non-economic damages are the more difficult of the two when it comes to assigning a value. Pain and suffering, for example, fall into the category of non-economic damages. In many Texas personal injury lawsuits, pain and suffering-related damages represent a significant amount of the overall award.

Under Texas law, non-economic damages in a personal injury lawsuit can include:

·        Physical pain and suffering

·        Mental anguish

·        Emotional suffering

·        Physical impairment

·        Disfigurement

·        Loss of enjoyment of life

·        Loss of consortium and companionship

·        Inconvenience

·        Injury to reputation

If you have been the victim of an accident, contact the law firm of Fears | Nachawati to find out what damages you may be entitled to. For a free consultation from a Texas personal injury lawyer, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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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.

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An experienced Texas personal injury lawyer understands the oftentimes complicated law that applies to personal injury lawsuits. This includes determining the amount of compensation that is fair and equitable given your injuries and damages. It is possible that the injuries you suffered will affect you for years to come, so you need someone who can help you project what your long-term expenses will be.

If you have been injured in a car accident or on the job, you have a lot on your plate. A Texas personal injury attorney can ease the burden on you by working with the insurance company on your behalf, filling out the paperwork and ensuring that all necessary documents are submitted on time. Your attorney will take on these responsibilities so that you can focus on healing and returning to a normal life.

Hiring a Texas personal injury lawyer also levels the playing field. The insurance company will have a stable of experts on their side, trying to figure out how to offer you the lowest possible settlement. A personal injury attorney will protect your best interests – yours and yours alone.

Fears | Nachawati provides accident victims with a free legal consultation. You have nothing to lose by seeking advice on your potential claim. Some people mistakenly believe that they do not have a personal injury claim. Rather than making that decision on your own, which can cost you a considerable amount in damages, it is best to first consult with an attorney. A knowledgeable Texas personal injury attorney is better equipped to determine whether or not a personal injury claim exists.

For your free consultation, contact Fears | Nachawati at info@fnlawfirm.com or toll free at 1.866.705.7584.

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

- Personal Injury - 2 years from date of injury

- Injury to Property - 2 years from date of injury

- Product Liability - 2 years

- Wrongful Death - 2 years from date of death

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

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

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Police have identified the man responsible for causing a major accident in Weatherford, Texas, on Tuesday, May 26^th. The man is 28-year-old Joshua Alvey, who was drunk driving at the time he was involved in three separate accidents.

On Tuesday afternoon, Weatherford police officers responded to calls about a drunk driver on South Lamar Street. As the police were dispatched, more calls came in reporting two hit-and-run accidents involving the same drunk driver. Police later learned the individual was Alvey.

Police spotted the suspect vehicle and attempted to stop the driver. Alvey refused to stop, instead leading police on a winding chase to Hudson Oaks and back into Weatherford. During the pursuit, Alvey struck a Honda Accord, pushing both vehicles into the intersection of Palo Pinto Street and South Bowie Drive where a third car was struck.

The driver of the Honda was a 49-year-old father who was riding with his 8-year-old son. Both father and son suffered critical injuries in the crash and were taken to two different hospitals. The 40-year-old woman driving the third vehicle suffered non-life threatening injuries.

Alvey was transported to a Fort Worth hospital for non-life threatening injuries. Once treated, he was released into the custody of the Weatherford Police Department.  No injuries were reported in either hit-and-run accident.

For the full article, click here.

If you have been involved in a car accident with a drunk driver, you may have a personal injury claim. For a free consultation, contact Fears | Nachawati at info@fnlawfirm.com or toll free at 1.866.705.7584.

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