Man died at John Peter Smith hospital pharmacy

A man died earlier this week in the pharmacy of John Peter Smith hospital in Fort Worth.  Witnesses report that the man was discovered slumped over in a chair.  Help was called, but medical personnel did not arrive for at least ten minutes.  When help did arrive, a non-functional defibrillator was first used on the victim but apparently it was not charged up.  Emergency responders then tried to use a second defibrillator, which also did not work.  Medical workers then tried CPR and took the man away from the pharmacy for further treatment.  Their attempts to revive the man were unsuccessful.

If you or a loved one has been injured or hurt on someone else's property, you may have legal rights.  Call Fears | Nachawati today to discuss your potential case.  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.

 

$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.

 

Hiring the Best Personal Injury Lawyer

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

Factors important in hiring the Best Personal Injury Lawyer:

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

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

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

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

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

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

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

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

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

Hiring the Best Personal Injury Lawyer

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

Factors important in hiring the Best Personal Injury Lawyer:

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

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

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

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

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

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

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

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

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

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 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.

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.

Texas Roadside Memorials Drive Home the Dangers of Drunk Driving

Small white crosses along the side of the road throughout Texas…each one represents a person killed by a drunk driver in a car accident. The construction of these memorials, which are typically put in place by the victim’s family, are governed by the Texas Department of Transportation.

Two main requirements must be met in order for a family to erect a roadside memorial in Texas. First, the family must present the Department with an official document which proves that alcohol or drugs were factors in the car accident. Second, the accident must have occurred somewhere on the state highway system. Note that a driver who was killed in an accident while under the influence of drugs or alcohol is not eligible for a memorial.

Mothers Against Drunk Driving support the roadside memorials. MADD spokeswoman Karen Wrighthouse says that the crosses serve as a visual reminder to the traveling public that drunk driving is a serious issue.
 

The memorials along Texas roadsides take on a special significance, given that Texas led the nation in drunk driving accidents in 2007. That year, 12,078 people were killed in Texas alone by vehicle collisions involving alcohol.

Click here for the full article on Texas roadside memorials for victims of drunk driving.

Fears | Nachawati is a Texas-based law firm that represents victims of car accidents, including those involving drugs or alcohol. Contact us today if you or a loved was injured because of an impaired driver. info@fnlawfirm.com or by telephone 1.866.705.7584.

 

Woman Dies in Car Crash on I-35E

Darla Dale, a 39-year-old resident of Lake Dallas, was killed in a car accident on Interstate 35E in Lewisville over the weekend of May 9th.  The accident occurred when Dale’s vehicle struck a retaining wall located near the FM 407 exit.

After striking the wall, Dale’s vehicle spun, hitting two other cars. No injuries to the drivers and passengers of the other cars were reported. The accident is under investigation, and police are still unsure what caused Dale to lose control of her vehicle.  

At Fears | Nachawati, we represent victims of car accidents, helping them to recover fair and just compensation for their injuries and losses. We understand the confusion and frustration that comes with trying to deal with insurance companies. Before you consider any settlement offered by an insurance company, you are well-advised to speak with an attorney. Fill out the contact form for a free consultation from a Fears | Nachawati attorney.