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

If you’ve been involved in an accident and are considering bringing a personal injury lawsuit in Texas, you have a lot to cope with. On top of going to your doctor appointments and recovering from your injuries, you must also consider hiring a Texas personal injury attorney.

Finding a good Texas personal injury attorney, however, is not as difficult or stressful as it may first seem. It is true that you want to give careful consideration to this very important decision. It is also true, though, that you can make a wise selection by following a few simple tips.

Tip #1: Meet with the attorney in person before you sign anything.

Your personal rapport with your attorney matters a lot. You want to be represented by someone who makes you feel comfortable and someone you can trust and be honest with. You should never enter into an attorney/client relationship with a personal injury lawyer until you’ve had a chance to speak with that lawyer in person and determine whether they are a good match for your personality.

Tip #2: Find out whether the attorney is willing to go to trial if you don’t get a reasonable settlement offer.

Not all attorneys are willing to take a personal injury claim all the way to trial. You deserve fair compensation for your injuries, and you also deserve an attorney who will be willing to fight to get you that compensation. Don’t hire an attorney unless that attorney has expressed their willingness to go to trial if the other side doesn’t make a reasonable settlement offer.

Tip #3: Ask the attorney to explain all of their fees upfront.

Fees and expenses are one of the biggest areas of concern for potential litigants. A good, honest personal injury attorney will be upfront and open with you about the fees and expenses that you will be charged. Be sure you understand the extent and nature of the fees before you sign any agreement.

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A Texas woman has filed a personal injury lawsuit against Wal-Mart alleging she was injured when a store employee rammed a rack of carts into her.

The plaintiff, Betty E. Wheat, was shopping at a Wal-Mart on January 9, 2008. Wheat was retrieving a shopping cart when, according to her Texas personal injury lawsuit, a Wal-Mart employee was using a machine to move several shopping carts, ramming them into a stationary rack of carts. The stationary rack of carts, in turn, slammed into Wheat.

Wheat claims the force of the impact caused her to fall to the ground and injure her hip. According to the suit, Wheat was transported by ambulance to the emergency room the next day. She was hospitalized for nine days as she underwent treatment and testing.

In her Texas personal injury lawsuit, Wheat is claiming that Wal-Mart is responsible for its employee’s actions under the doctrine of respondeat superior.

The personal injury lawsuit accuses the employee of negligence in failing to keep a proper lookout and failing to maintain a clear and reasonable distance between Wheat and the moving equipment.

Wheat is seeking a variety of damages including medical expenses, pain and suffering, mental anguish, physical impairment and loss of household services.

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

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When you sign a release, you are agreeing to give up the right to pursue any further financial recovery from the individual being released in exchange for that individual paying you an agreed upon amount of money.
When you settle a personal injury claim you will generally have to sign a release. For example, you may agree to settle your claim for $10,000. By signing the release, you are saying that you will not take any further legal action against the defendant in return for the defendant paying you $10,000.
You should never sign a release until you have consulted with a personal injury attorney. Before you give up any of your legal rights, it is critical that you speak with a personal injury attorney who can assess your case and ensure that you are receiving a fair settlement.
After you sign a release, you have given up your right to bring a personal injury lawsuit against the individual being released. A personal injury attorney will help you determine whether settling the case is in your best interest.

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A personal injury lawsuit against U-Haul and its Texas subsidiary will reach the Dallas 5^th Court of Appeals on February 9^th.

In April of 2008, a Texas jury awarded Talmadge Waldrip $84.25 million in damages for injuries he sustained when a U-Haul rental truck ran over him. The verdict included $63 million in punitive damages.

U-Haul International appealed the verdict, and the case will be heard by the Dallas 5^th Court of Appeals next week.

Waldrip’s personal injury lawsuit stemmed from an incident that occurred on September 20, 2006. On that day, Waldrip, 74, was driving a 1988 U-Haul truck – a 26-foot “Jumbo Hauler” with 234,000 miles on the odometer.

Waldrip, who was helping his daughter move, was dropping off a load of her belongings at a warehouse he owned in a nearby town. When he arrived at the warehouse, Waldrip parked the truck on a slight incline, set the parking brake and stepped out of the vehicle.

Once he was out of the truck, it abruptly began to roll backwards, striking Waldrip and knocking him to the ground. The truck then rolled over him, dragging him about 40 feet and crushing his pelvis.  

Waldrip, along with his wife and daughters, sued U-Haul, claiming the company was negligent in renting a truck to him that it knew or should have known was unsafe.

At trial, Waldrip’s attorney presented evidence that U-Haul failed to properly maintain the brake and transmission systems of its trucks. Evidence presented in the original lawsuit also showed that six other people had similar problems with the same truck.

In its defense, U-Haul argued that Waldrip likely burned out the brake by leaving it on while he was operating the vehicle. The company also argued that it could not reasonably have been aware of a problem with the parking brake before the accident occurred.

Following the verdict at trial, U-Haul issued a statement expressing its disappointment and declaring its intention to “vigorously defend this case through the appeals process.”

In its statement, U-Haul said, “The damages awarded are particularly outrageous given the circumstances of this case. While the plaintiff's injuries are extremely regrettable, the final verdict is another example of abuse of the legal system against corporate citizens in America.”

The jury’s award was later reduced to $46 million because of a Texas law that caps punitive damages.

Except for cases involving specific types of intentional criminal conduct, punitive damages in Texas civil lawsuits are limited to the greater of the following amounts:

a.) Two times the amount of economic damages plus non-economic damages up to a maximum of $750,000; or

b.) $200,000

For more on Waldrip’s personal injury lawsuit, see this article from the Allen American.

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One of the most common uses of structured settlements is in personal injury claims. Through the settlement, the victim is compensated for their personal injuries, but rather than a lump sum payment, a structured settlement is an agreement that the defendant or the defendant’s insurance company will make periodic payments to you over a set period of time.

Structured settlements offer considerable tax advantages. Earnings on your structured settlement are tax-free. Tax liabilities can greatly reduce a large cash payout. By contrast, the principal and interest generated from structured settlement annuities are completely exempt from state and federal taxes.

Another benefit of structured settlements is the flexibility they offer. You can structure your settlement in a way that best meets your financial needs and protects you from inflation. A structured settlement can consist of simple yearly payments or can be a complex arrangement involving an initial lump sum payment and monthly indexed payments.

You are free to structure your personal injury settlement in the way that is most beneficial to you. You can even tailor your personal injury settlement to meet your long-term financial goals such as a steady source of income to support you during retirement or paying for your child’s college education.

Long-term money management issues are another reason why personal injury victims often prefer structured settlements. With a structured settlement, you are guaranteed a steady source of income to cover your future medical expenses. Some personal injury victims do not feel confident in their ability to manage a large cash payment to ensure that their ongoing medical costs are provided for. A structured settlement can alleviate those concerns.

Before accepting any settlement offer, you should seek the advice of an experienced personal injury attorney. Your personal injury attorney will make sure that you are fairly compensated for your injuries and can negotiate on your behalf to get you the best settlement possible.

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Not necessarily. Whether a lawsuit must be filed in order for you to receive fair compensation for your injuries depends on many factors. Claims can be settled, and many, if not most, cases are settled before a lawsuit is ever filed. Even if a lawsuit is filed, it is common for the case to be settled before it actually goes to trial.

However, it is important that you allow enough time to pass before settling to ensure that your injuries are fully resolved. You don’t want to settle your personal injury claim too early only to find out months down the road that your injuries are more serious and will require more medical treatment than you first thought.

Only a competent and experienced personal injury attorney can evaluate your case and determine whether a lawsuit is warranted. To receive free legal advice about your accident and to learn about your legal options, contact the Texas personal injury attorneys of Fears | Nachawati today.

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Clients often wonder how courts calculate pain and suffering. With damages such as medical expenses, you have bills to show how much you have lost as a result of your injury. With pain and suffering, on the other hand, the court will have to take into account a variety of factors to place a dollar value on your losses.

The court starts by examining your injuries. It will consider issues such as how serious the injury is, how long it will take you to fully recover and what was involved in the treatment process. For example, you will receive more money if your recovery takes years rather than months or if you had to undergo a particularly painful treatment.

Next the court will consider how the injury has affected your life. Are you able to perform normal day-to-day activities such as dressing yourself, preparing meals and cleaning your house? The court will also consider the extent to which you injury has affected your ability to enjoy your life. For instance, can you participate in your favorite hobbies? Are you able to have relations with your spouse?

Then the court will consider the emotional aspects of your injury. Are you suffering mentally or emotionally as a result of the accident? For example, are you experiencing anxiety or depression because of the accident?

Last the court looks to the future and considers if and how the injury will continue to affect you for the rest of your life. For instance, do you have a permanent disability or a disfigurement? Will you continue to have to undergo medical treatment or rehabilitation?

There is no simple mathematical formula that courts use to calculate pain and suffering. As you can see, placing a dollar value on pain and suffering is a highly individualized process that takes into account many factors that are unique to you and your situation.

A qualified Texas personal injury attorney will be able to draw on their professional knowledge and experience with similar cases to estimate the likely amount you will receive for pain and suffering.

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Pedestrians always have the right of way, right? Not quite. Pedestrians actually only have the right of way in crosswalks. This myth is a dangerous one, as it can cause pedestrians to let their guard down and assume that motor vehicles will yield to them.

Pedestrians should remain aware of their surroundings and take responsibility for their own safety. To stay safe as a pedestrian, follow these tips:

• Always walk on the side walk if one is present.
• Look both ways before crossing the street.
• Cross at pedestrian crosswalks or at intersections.
• At controlled intersections, only cross when you have the pedestrian crossing signal. Even then, be aware of vehicles that may have a green light to turn.
• Walk facing oncoming traffic. Facing oncoming traffic allows you to see the traffic approaching you and increases your visibility.
• During the day, wear bright colored clothing when walking. At night, wear light-colored clothing. A reflective vest is your best bet for safety when you walk at night.
• Remain aware of your surroundings. This means you should not talk on your cell phone when walking or drown out all noise with your iPod.
• Walk on paths frequently used by other walkers and joggers.

Even if you exercise caution and good judgment when walking, pedestrian accidents can still happen. If you have been injured in a pedestrian accident, you should seek the immediate advice of a Texas personal injury attorney.

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Accidents of any kind, whether it’s a slip and fall or a motor vehicle collision, can be traumatic experiences. It is only natural that you would want to resolve the issue as quickly as possible.

Accepting a quick settlement offer from an insurance company, however, could cost you big time. An injury that may seem “minor” at first could turn out to be very serious in the months to come. But if you’ve already settled your claim for a small amount of money, then there is nothing you can do – you simply have to pay for the additional medical expenses yourself.

The wiser course of action is to wait and see how your injuries are going to affect you before you agree to any settlement. Only then will you know how much your claim is actually worth. An experienced Texas personal injury attorney can advise you on the appropriate amount of time to wait in order to evaluate the full extent of your injuries.

Insurance companies try to settle claims quickly because it is to their advantage to do so. The sooner the insurance company gets you to settle, the less they’ll have to pay because they won’t have to compensate you for medical treatments you receive after the settlement has been reached. Plus, your damages for pain and suffering will be less the earlier you settle.

Remember, you cannot go back and “reopen” a settlement claim. When you cash that settlement check, you are agreeing to release the insurance company from any further claims related to your accident. In lawyer speak, “you only get one bite at the apple.”

Before accepting any offer from an insurance company, it is in your best interest to speak with a Texas personal injury attorney who can evaluate your claim and determine whether the offer is fair.

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In the context of a personal injury lawsuit, the term “liable” means that an individual, company or some other legal entity has been deemed responsible for your injuries in a court of law. The determination of whether someone is liable for your injuries can be made either by a judge or a jury, depending on the nature of the trial.

If the defendant in a Texas personal injury lawsuit is found liable for your injuries, then that person is typically required to pay you a specific amount of money as compensation for your damages, such as medical bills, lost wages and pain and suffering.

Sometimes people confuse the term “liable” with the term “guilty.” Guilty is a term used only in criminal cases, and it means that a court of law has determined that the defendant did commit the offense of which they are accused.

If you were hurt in an accident and believe that someone else may be liable for your injuries, contact the law firm of Fears | Nachawati today for free legal assistance. To speak with one of our experienced Texas personal injury lawyers, simply email us or phone us toll free at 1.866.705.7584.

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Under Texas law, motorists are required to yield to pedestrians in crosswalks. However, not all motorists exercise due caution when driving in areas where people are walking. Thousands of pedestrians are injured every year by negligent drivers.

Injuries suffered in a pedestrian accident can be catastrophic. Pedestrians are the most vulnerable of all people who share the roadways with motor vehicles. A person’s body is simply no match for the speed and size of a car. Pedestrians have no protection from motor vehicles and are completely at the mercy of the drivers on the roadways where they are walking.

A pedestrian can easily be thrown or dragged when struck by a motor vehicle. Pedestrian accidents can result in life-altering injuries such as spinal cord injuries, traumatic brain injuries and even paralysis.

If you were injured in a Texas pedestrian accident, it is critical that you know your legal rights. An experienced Texas personal injury lawyer can assess your case and determine whether you have grounds for bringing a lawsuit against the driver who caused your injuries.

For free legal advice on pedestrian accidents, contact the Texas personal injury law firm of Fears | Nachawati today. To receive your free legal assistance, simply email us or phone us toll free at 1.866.705.7584.

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Mental anguish is a term that refers to the emotional suffering a victim experiences after a traumatic incident, such as a serious car accident or the wrongful death of a loved one. Mental anguish can include anxiety, stress, fright, grief, depression and feelings of distress. Emotional distress is another frequently used term for mental anguish.

It is sometimes possible to receive financial compensation for mental anguish in a civil lawsuit, such as a personal injury lawsuit or a wrongful death lawsuit. Compensation for mental anguish is a type of non-pecuniary damages, which are damages that represent non-financial losses or injuries suffered by an accident victim.

If you are suffering mental anguish because of an accident or the wrongful death of a loved one, contact Fears | Nachawati today for free legal advice. To speak with an experienced Texas personal injury lawyer, simply email us or phone us toll free at 1.866.705.7584.

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If you have been injured in an accident caused by the negligence of a third party, then you may have a personal injury claim.

There are numerous factors that can contribute to a personal injury. The most common causes of personal injuries include:

Motor vehicle accidents

Car accidents are the most common of all personal injury claims. These types of personal injury lawsuits can involve all sorts of motor vehicle accidents, including accidents involving passenger cars or those involving 18-wheelers. Car accident lawsuits can also be brought by bicyclists and pedestrians who have been injured by a negligent driver.

Dangerous prescription drugs

A company that produces a prescription drug for sale to the public has a duty to perform extensive testing to ensure that the drug is both effective and reasonably safe. A pharmaceutical company may be held legally liable for damages if they fail to perform adequate testing or neglect to inform the public of all of the drug’s potential side effects and risks.

Defective products

The makers of defective products are held strictly liable for injuries caused by those products. Strict liability means that the injured consumer does not need to prove negligence in order to bring a successful personal injury claim.

Poorly maintained property

Premises liability is a type of personal injury claim that arises when someone is injured while they are one someone else’s property. If the property is not properly maintained, then the owner of the property can be held legally liable for injuries incurred as a result of that poor maintenance or a dangerous condition. One of the most common type of premises liability personal injury claims is the “slip and fall” accident.

Workplace accidents

Workplace accidents vary widely in their severity and the factors which contributed to the injury. Personal injury claims for workplace injuries can involve employer negligence, premises liability and defective products, among other causes. In Texas, employers are not required to subscribe to workers compensation, so you may be able to bring a personal injury lawsuit against the company for which you work.

If you have been injured in any type of accident, contact Fears | Nachawati today for free legal advice. To speak with one of our experienced Texas personal injury lawyers, you can email us or phone us toll free at 1.866.705.7584.

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By filing a Texas personal injury lawsuit you may be able to receive compensation for your injuries and other losses caused by your accident.

Any accident, whether it is a car accident, slip and fall or workplace accident, can affect your life greatly. You may incur substantial medical bills as a result of your injury, and you may be suffering from pain on a daily basis. Your injury may even prevent you from working, which means you have no income to support yourself and your family.

Filing a Texas personal injury lawsuit enables you to seek financial compensation for the expenses you have incurred as well as your physical and emotional suffering. While no amount of money can ever undo an accident, it can help ease the burdens that the accident has placed on you.

Also, when you file a personal injury lawsuit, you are helping to make sure that the person who caused your accident is held legally accountable for their actions. A personal injury lawsuit can help prevent the recurrence of their negligent or criminal actions.

To learn more about Texas personal injury lawsuits and your legal rights, contact Fears | Nachawati today for free legal advice. Simply email us or phone us on our toll free number at 1.866.705.7584.

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After you file your pleadings, the documents which form the basis of a personal injury lawsuit, you officially become the plaintiff in the case. The person against whom you filed the lawsuit, the one who caused your injuries, becomes the defendant. In response to your summons and complaint, the defendant must file an answer.

Once the pleadings have been filed, both parties will begin discovery. Discovery is the process by which you, the plaintiff, as well as the defendant gather the facts necessary for litigating the claims made in your Texas personal injury lawsuit.

Discovery takes many forms. The two most common types of discovery are interrogatories (written questions) and depositions (sworn testimony given under oath).

It is quite common for a settlement to be reached during the discovery phase of a personal injury lawsuit. You have the option of settling the lawsuit with the defendant for an agreed upon sum of money rather than moving forward with a trial.

Of course, not all Texas personal injury lawsuits are settled out of court. If no settlement can be reached, then the case goes to trial, typically before a jury.

For free legal advice on Texas personal injury lawsuits, contact Fears | Nachawati today. To speak with an experienced Texas personal injury lawyer, you can email us or phone us toll free at 1.866.705.7584.

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Whether or not your personal injury lawsuit goes to trial depends on the circumstances surrounding your case. Frequently, personal injury lawsuits are settled before the case ever makes it to court. If the defendant, or, in some cases, the defendant’s insurance company, agrees to pay you an amount of money that you and your attorney believe is fair compensation for your injuries, then you can choose to settle and forego a trial.

For free legal advice about Texas personal injury lawsuits, contact Fears | Nachawati today. To speak with one of our experienced Texas personal injury lawyers, simply email us or phone us toll free at 1.866.705.7584.

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If you have been injured in an accident, you may benefit greatly from the services of a personal injury lawyer. First and foremost, a personal injury lawyer can determine whether or not you have a case. Your attorney will be able to determine who was at fault for your accident and inform you of whether you have a strong basis for a personal injury lawsuit.

A personal injury attorney can help ensure that you do not lose your right to bring your claim by making sure you file your personal injury lawsuit before the statute of limitations has run. Your lawyer will be an expert on Texas’s personal injury law and can make certain that you do not lose your legal right to compensation because of a procedural error.

By hiring a personal injury attorney, you are also taking the first step towards receiving fair compensation for your injuries. If your accident was caused by someone else’s negligence, then you may be entitled to compensation for both your physical and emotional injuries.

You’re also ensuring that the person responsible for your accident is held accountable for their actions, which reduces the chances that someone else will be a victim of their negligence in the future.

To receive free legal advice from a Texas personal injury lawyer, contact Fears | Nachawati today. You can email us or phone us toll free at 1.866.705.7584.

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If you were injured because someone failed to act responsibly, you may have grounds for a personal injury lawsuit.

Essentially, three criteria must be met in order to bring a personal injury lawsuit:

1. You were injured.
2. The injuries were caused by someone else.
3. You suffered a monetary loss because of your injuries.

Most personal injury lawsuits are based on a legal concept known as negligence. A person is negligent if they fail to exercise the caution that a reasonable person would have under the same circumstances.

When someone’s negligent actions cause injury to another person, they have committed a tort. A tort is the basis for a personal injury lawsuit. If Person A’s negligence causes an accident that injures Person B, then Person A can be held legally liable for Person B’s damages.

To find out whether or not you may have a personal injury lawsuit, contact Fears | Nachawati today for free legal assistance. To speak with one of our Texas personal injury lawyers, email us or phone us toll free at 1.866.705.7584.

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Duty of care is the legal responsibility we owe one another to act with reasonable care in the actions we take. It is the general idea that we have a duty to consider the effect that our actions will have on other people. We have a duty to take reasonable steps to ensure that others do not suffer personal, financial or property loss or damage as the result of our actions.

Duty of care is directly related to negligence. If you breach the duty of care, then you have acted negligently because you have failed to behave the way that a reasonable person would under the same circumstances.

Our legal duty of care can be dictated by statutes passed by the legislature, or it can be imposed common law, which is the law that is developed out of court cases.

If you were injured due to someone else’s negligent actions, contact the personal injury lawyers of Fears | Nachawati today. To receive free legal assistance, simply email us or phone us on our toll free number at 1.866.705.7584.

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Personal injury settlements are one way of resolving a personal injury lawsuit. Rather than going through with a trial and obtaining a verdict from a judge or jury, the plaintiff and defendant can choose to settle the case between themselves. The legally binding agreement reached by the two parties is known as a settlement.

When you enter into a personal injury settlement, you – the plaintiff – agree not to pursue any legal action against the defendant with regard to a specific claim (such as a car accident) in return for an agreed upon amount of money.

Personal injury settlements can be beneficial to both sides of the dispute. Settlements are typically quicker and less expensive than a trial. Also, trials can be very stressful for both parties. With a settlement, you can avoid prolonged litigation, and you can choose to structure your settlement in a way that benefits you most.

However, a personal injury settlement may not be in a plaintiff’s best interest in all cases. There are times when moving forward with the lawsuit and going to trial will result in a bigger award. Only a qualified personal injury attorney can advise you on whether a personal injury lawsuit is the wisest course of action given your circumstances.

To speak with a personal injury lawyer today, contact Fears | Nachawati. Simply email us or phone us toll free at 1.866.705.7584 to receive free legal advice from one of our Texas personal injury attorneys.

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A moderated settlement conference is one type of alternative dispute resolution. Each party is represented by an attorney who presents their client’s basic position to a panel of impartial lawyers. This neutral panel listens to both sides of the dispute, and then presents the parties with a candid assessment of the strengths and weaknesses of both sides of the case.

The panel assists the parties in reaching a settlement agreement by presenting their assessment in the form of an advisory opinion containing their recommendations as to liability and damages. Unlike a verdict in a trial, however, this advisory opinion is not binding on the parties. Rather, it is a tool the parties can use in reaching a settlement agreement.

For free legal advice on moderated settlement conferences and other issues related to personal injury lawsuits, contact Fears | Nachawati today. Simply email us, or call us on our toll-free number at 1.866.705.7584.

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Alternative dispute resolution, which is often referred to simply as “ADR,” is a way of resolving a legal dispute without the need for litigation or a trial. In Texas, the use of alternative dispute resolution is governed by the Texas Alternative Dispute Resolution Procedures Act.

There are several different types of alternative dispute resolution, with the most common being arbitration and mediation. 

No matter what type of alternative dispute resolution is being employed, the general procedure is for a neutral third party to listen to both sides of the dispute and help the parties find common ground to come up with a mutually agreeable solution. The process is informal and does not take place inside a courtroom.

Alternative dispute resolution can be beneficial to both sides of the dispute. In general, alternative dispute resolution is quicker and less expensive than litigation.

An experienced lawyer can help you decide if alternative dispute resolution is right for your situation. In some types of alternative dispute resolution, you can also be represented by a lawyer during the process. It is always best to seek the advice of a qualified lawyer before entering into any dispute resolution procedure.

For free legal advice from a personal injury attorney, contact Fears | Nachawati by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

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The FDA recently recalled all lots of the Synthes USA, Ti Synex II Vertebral Body Replacement. The Synthes USA, Ti Synex II Vertebral Body Replacement is a device used to replace a damaged, collapsed or unstable vertebral body in the spine caused by a fracture or tumor.

The reason for the recall is that there have been reports of moderate to severe loss of verbal body replacement height. The replacement height loss has taken place in patients at 6 to 15 months after the implant was received. 

There are numerous serious health risks associated with this loss of replacement height. Side effects range from increased pain to neural injury, and can include the need for another operation.

The FDA has required that all surgeons and hospitals in possession of the Synthes USA, Ti Synex II Vertebral Body Replacement stop implanting these devices immediately.

This is a Class 1 recall, which is the most serious type of all FDA recalls. In a Class 1 recall, there is a reasonable probability that the continued use of the recalled product will result in adverse health consequences or death.

Click here for more information on this FDA recall.

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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 toll free at 1.866.705.7584 or by e-mailing info@fnlawfirm.com. 

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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 order to ensure that personal injury lawsuits are brought in a timely manner when evidence is still fresh, every state, including Texas, has enacted a statute of limitations.

The statute of limitations places a limit on the amount of time in which the victim of an accident can bring a personal injury lawsuit. In Texas, the statute of limitations for personal injury lawsuits is two years.

Many accident victims are unsure as to exactly when the statute of limitations begins to run. In most cases, the statute of limitations kicks in at the time the injury occurs. In the case of car accidents, for instance, the victim usually knows immediately about the injury.

The issue can sometimes be more complicated than that, however. For example, what if the victim was unaware of the injury?

In those cases, the statute of limitations begins to run when the victim knows about the injury or, through the exercise of reasonable diligence, should have known about the injury. This is known as the discovery rule, and it can apply in cases such as exposure to asbestos that leads to mesothelioma.

To make sure you protect your legal rights, contact a personal injury lawyer as soon as possible. The personal injury lawyers of Fears | Nachawati can answer your questions about the Texas statute of limitations. To receive free legal advice, contact us by at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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A Texas woman has filed a personal injury lawsuit against a Galveston hotel. The Texas personal injury lawsuit, which is being brought by Stephanie Griffin of Beaumont, Texas, claims Griffin suffered an attack by an infestation of bugs in the hotel.

Padmanabh Inc., the operator of the La Quinta where the alleged attack occurred, has been named as the defendant. In the personal injury lawsuit against the hotel’s operator, Griffin, a grandmother of three, claims she was unable to enjoy her vacation with her grandchildren because of the incident.

According to Griffin, after encountering the bugs in her La Quinta room, she suffered itching, severe pain and extreme discomfort. Griffin immediately sought treatment at the University of Texas Medical Branch. Doctors there diagnosed Griffin with insect bites.

Griffin says she had to seek follow-up treatment for persistent skin irritation and pain after returning home from her trip.

In her Texas personal injury lawsuit, Griffin is seeking medical expenses and lost wages. She has also requested a jury trial.

To read more about Griffin’s Texas personal injury lawsuit, click here for the complete story.

Fears | Nachawati is a Texas personal injury law firm that provides victims with free legal advice on their potential lawsuit. To have one of our personal injury lawyers review your case at no charge, contact us today.Email Fears | Nachawati at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.  

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Medical expenses are at the heart of any Texas personal injury lawsuit. The goal of a personal injury lawsuit is to put the victim back into the position they would have been in if the accident had never occurred. An important part of that is compensating the accident victim for the various medical-related expenses they have incurred.

There are a wide variety of medical expenses that you can seek compensation for. These include both past and future medical expenses. That is, you can be compensated not only for the expenses you have already incurred but also for those you are likely to incur in the future as a result of the injuries you suffered in the accident.

The types of medical expenses you can recover in a Texas personal injury lawsuit include but are not limited to:

1. Doctor bills
2. Hospital care
3. Medication
4. Surgery
5. Medical equipment, such as wheelchairs and braces
6. In-house nursing care and assistance
7. Prosthetics
8. Modification to your home to accommodate a disability
9. Special furniture
10. Rehabilitation
11. X-rays
12. Lab and test fees

If you have been injured in an accident, contact Fears | Nachawati today to discuss the damages you are eligible to recover. One of our skilled and experienced attorneys will provide you with free legal advice about Texas personal injury lawsuits. Email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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Whether or not your Texas personal injury lawsuit will be heard by a jury depends on whether you or the defendant requests a jury trial. In Texas, the right to a jury trial is guaranteed by the state constitution. However, in civil lawsuits, such as a personal injury lawsuit, that right is not “self-executing.” That is, you have to make a written request for a jury trial. If you don’t, your case will go before a judge with no jury.

Both you and the defendant have a right to request a jury trial. In order to receive a jury trial, the party must comply with Texas Rule of Civil Procedure 216, which states:

a.       Request. No jury trial shall be had in any civil suit, unless a written request for a jury trial is filed with the clerk of the court a reasonable time before the date set for trial of the cause on the non-jury docket, but not less than thirty days in advance.

Also, in accordance with Rule 216, you must pay a small jury fee:

b.     Jury Fee. Unless otherwise provided by law, a fee of ten dollars if in the district court and five dollars if in the county court must be deposited with the clerk of the court within the time for making a written request for a jury trial.  The clerk shall promptly enter a notation of the payment of such fee upon the court's docket sheet.

Fears | Nachawati is a Texas personal injury law firm. To receive free legal advice about your personal injury lawsuit from an experienced attorney, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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Vicarious liability is a legal doctrine that holds a person responsible for the actions of another person. Vicarious liability means that Person A can be held legally responsible for the harm caused by Person B’s negligent actions – even though Person A did not directly cause that harm. It is an exception to the general rule that we are only responsible for our own actions.

A common example of vicarious liability is respondeat superior, a specific instance of vicarious liability where an employer is held liable for the actions of their employee. For instance, suppose that Jake works at ABC Grocery Store, and he’s unloading a crate of sacks of flour and putting them on a shelf. Rather than carefully placing the sacks on the shelf, however, Jake is tossing them onto the shelf without paying attention to whether any customers are in the area.

Sally, a shopper, is walking down the aisle and one of the sacks of flour lands on her foot and breaks her toes. Even though it was Jake’s negligence that caused Sally’s injuries, Jake’s employer may be held legally responsible under the doctrine of vicarious liability.

The purpose of vicarious liability is to ensure that the proper person is held accountable for the plaintiff’s injuries. Vicarious liability sometimes applies in Texas personal injury lawsuits. It is important that an attorney fully understands the concept of vicarious liability to make certain that the right people are named as defendants in the lawsuit.

If you have questions about Texas personal injury lawsuits and who is liable for your injuries, contact Fears | Nachawati for free legal advice. You can reach us by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

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In most cases it is the plaintiff’s responsibility to prove that the defendant was negligent in order to win a Texas personal injury lawsuit. However, there are some cases where the defendant’s negligence is a matter of law, and the plaintiff does not have to put forth any further evidence to establish the defendant’s negligence.

This situation is known as “negligence per se.” Negligence per se applies in some cases where the defendant committed an unexcused violation of the law. Specifically, the doctrine of negligence per se applies in cases where two conditions are met:

1. The law which the defendant violated was put in place to prevent the type of harm for which the plaintiff is seeking to recover damages.
2. The plaintiff is within the class of persons for whom the law was enacted to protect.

For example, say that Joe is driving in his car at a speed that exceeds the limit of 55 mph. If Joe is driving at 75 mph, he has violated this traffic law. Speed limits are put in place to help prevent accidents, which means they are enacted to prevent other drivers from being injured.

If Joe crashes into Mary’s car while he’s speeding, there is a good chance that negligence per se will apply. Reason being, Mary is a driver, so she is within the class of persons the law was enacted to protect.

Not all violations of the law, however, qualify as negligence per se. For instance, suppose Joe was driving the speed limit, but at the time of the accident Joe’s license plate was on the front of his car when the law requires that it be on the back of the car. Joe’s violation of the license plate law is not the cause of the accident or the cause of the plaintiff’s injuries. In this case, the doctrine of negligence per se would not apply.

At Fears | Nachawati, our Texas personal injury lawyers know Texas traffic laws inside and out. They will carefully examine the cause of the accident and your injuries to determine whether the highly beneficial doctrine of negligence per se applies to your case.

For free legal assistance and advice on your potential personal injury lawsuit, contact Fears | Nachawati today. You can email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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On October 20, 2006, the Flower Mound Volunteers baseball team headed to the Texas Motor Speedway to celebrate the end of their season. What should have been a day of fun and camaraderie ended in tragedy when one of the young players was hit by a go-kart-type vehicle, leaving him paralyzed and confined to a wheelchair for the rest of his life.

The victim, Ryan Davies, then 11 years old, was the first to drive the Bandolero, the 500-pound miniature race car by which Davies was later struck. One by one, each of Davies’ teammates took turns driving the Bandolero, often at speeds as high as 70 mph.

The ride actually starts in an adjoining parking lot where the driver is strapped into the car and then proceeds to the track. Davies and his teammates were tossing a football in a corner of that same lot while waiting for their turns.

As one of Davies’ teammates was headed across the lot in the Bandolero to enter the track, he lost control of the vehicle. The boy missed hitting a nearby trailer and several parked cars before crashing into Davies.

Ryan’s parents, Karen Zina and William Davies, filed a lawsuit against the Texas Motor Speedway seeking damages which include the $2 million in medical expenses the family has already incurred. This Monday the case began its second week in court.

In the lawsuit, Davies’ parents argue that the Texas Motor Speedway bears 100% of the responsibility for the accident because of its failure to provide signs, barricades, proper instructions and a “kill-switch” on the car.

The Texas Motor Speedway filed a third-party action against the boy who struck Davies and the boy’s parents. Speedway officials argue that the boy’s parents are responsible because they knew he was “incompetent” to drive the car due to a “mental and/or emotional condition.”

In addition to medical expenses, Davies’ parents are also seeking damages for Davies’ pain, suffering and disfigurement. The parents are seeking additional damages for mental anguish for themselves and Davies’ younger brother, all of whom witnessed the accident.

For more details about this Texas personal injury lawsuit and trial, click here for the complete story.

If you or a loved one has been injured in an accident, contact Fears | Nachawati today for important advice about your legal rights. You will receive free legal assistance from one of our Texas personal injury lawyers. Just email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for your consultation.

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If you have recently been injured in an accident, you may be wondering if you can bring a personal injury lawsuit. In many cases, a person who has been hurt because of someone else’s negligent actions is eligible to bring a personal injury lawsuit.

To be eligible to bring a Texas personal injury lawsuit, certain basic requirements must be met. First you must have suffered an injury, which can be either physical or emotional. It must be a true and valid injury. For example, you could likely bring a Texas personal injury lawsuit if you slip and fall on a puddle of water in a store and break your ankle. However, you wouldn’t be eligible to bring a personal injury lawsuit if, when slipping and falling, you simply got your pants wet.

Next, you have to show that someone who owed you a duty of care breached that duty of care and thereby caused your injury. Usually this is based on negligence, which means that the other person failed to act with the same care that a reasonable person would under the same circumstances.

Last, you must have suffered a financial loss as a result of the injury. In the example above, for instance, you would have incurred medical bills in order to receive treatment for your broken ankle.

Not every injury qualifies for a lawsuit, however. A Texas personal injury lawyer, such as the experienced and helpful attorneys of Fears | Nachawati, can review the facts of your case and determine whether you have a good claim.

At Fears | Nachawati we provide you with this initial legal consultation free of charge. If you have been hurt in an accident due to the negligence of a third party, contact us today for free legal assistance. To speak directly with one of our Texas personal injury lawyers, 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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A deposition is one aspect of a legal process known as “discovery.” Discovery is a series of steps lawyers take in order to gather the facts necessary to try a case.

During a deposition, the attorney for the other party involved in the lawsuit has the opportunity to ask you questions in order to take down your testimony before the trial. Your attorney will spend time with you reviewing the questions you are likely to be asked as well as practicing your responses.

The deposition begins with you being sworn in under oath, promising to tell the truth when giving your answers. The entire deposition will be recorded. This can be done through notes taken by a court reporter, a tape recording device, video or some combination of these.

You have the right to have your attorney with you during a deposition. It is by far in your best interest to have your lawyer present. Your lawyer can protect you during the deposition by objecting to inappropriate or improper questions and ensuring that you are not being harassed.

Fears | Nachawati is a Texas law firm representing clients through every stage of the litigation process – from filing your lawsuit to attempting to negotiate a settlement and from deposition to trial.

To receive free legal assistance from a Texas personal injury attorney, simply email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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The amount of time in which you have to file your personal injury lawsuit depends on a law known as the statute of limitations. In Texas, the statute of limitations on personal injury lawsuit is two years.

While you have two years to file your Texas personal injury lawsuit, it is always best to bring your case as soon as possible after your accident. Over time, important evidence can be lost and the memories of witnesses fade. Your case will be much stronger if you act quickly and seek the immediate advice of an attorney.

Don’t lose your right to bring your Texas personal injury lawsuit by delaying in speaking with an attorney. Contact Fears | Nachawati today to receive free legal advice about your case. Take action to preserve your claim by emailing us at info@fnlawfirm.com or calling us 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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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.

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Suffering an injury in an accident is a traumatic experience. During this difficult time, you are faced with the task of choosing the right Texas personal injury attorney for bringing your claim. To help you select an injury attorney for your personal injury lawsuit, we have provided this step-by-step guide.

Finding a Texas personal injury attorney begins with asking trusted friends and family members for recommendations. If someone you know and trust was satisfied with their injury lawyer, there is a good chance you will be satisfied as well.

In addition to your friends and family members, Martindale-Hubbell is another excellent resource when searching for a Texas personal injury attorney. Visit www.martindale.com and click on “Lawyer Locator.” The service is free and allows you to view an extensive list of attorneys who have been rated by their peers in terms of ability and ethics.

Once you have narrowed down your choices of Texas injury attorneys, check with your state bar to see if there are any disciplinary actions against the attorneys. Visit the American Bar Association website at www.abanet.org/cpr/regulation/scpd/disciplinary.html for a link to the disciplinary agency in your state.

It is also important to speak with Texas personal injury attorneys who provide you with a free initial consultation, as Fears | Nachawati does. This consultation gives you an opportunity to evaluate the attorney’s experience and decide if this is someone you would be comfortable working with.

Fears | Nachawati is a Texas personal injury law firm representing victims of numerous types of accidents. 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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