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

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

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

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

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

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

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

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

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

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

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

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

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

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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 15^th. 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.

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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 4^th 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 3^rd 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 7^th, 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.

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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.

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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 14^th 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

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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 9^th, 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.

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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.

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In the early morning hours of Sunday, May 10^th, 16-year-old Kara Taylor of Little Elm was killed in a car accident caused by a driver going the wrong way on the Dallas North Tollway. Taylor’s 15-year-old friend, who was also riding in the car when the accident occurred, suffered only minor injuries.

The driver who caused the accident is 24-year-old Mariza Martinez of Dallas. Martinez was driving her Ford pickup south in the northbound lanes when she hit Taylor’s SUV. As of Sunday evening, no charges had been filed against Martinez. However, Trooper Lonny Haschel of the Texas Department of Public Safety says charges could be filed later, depending on the outcome of the investigation.

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