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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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The family of the victim killed in the IRS plane crash on February 18, 2010 has filed a Texas wrongful death lawsuit against the pilot’s estate.

Joseph Stack was piloting the plane involved in the fatal crash. Both he and Vernon Hunter, the victim at the center of the Texas wrongful death lawsuit, were killed in the suicide plane attack.

According to authorities, Stack, 53, intentionally crashed his plane into the IRS office building. Hunter, who was a manager in the IRS office, was killed.

In the Texas wrongful death lawsuit filed on Monday, Hunter’s family claims that Sheryl Stack, the pilot’s wife, should have warned others about her husband’s threatening and unstable behavior in the days preceding the attack. Stack had set his home on fire the same morning as the crash.

The Texas wrongful death lawsuit alleges that Sheryl Stack had a duty to “avoid foreseeable risk of injury to others.”

The seven-page lawsuit states that "Stack was threatened enough by Joseph Stack that she took her daughter and stayed at a hotel the night before the plane crash.”

According to an attorney representing Valerie Hunter, the victim’s wife, the suit seeks to determine whether any insurance proceeds are available to be awarded to the Hunter family. The attorney calls the Texas wrongful death lawsuit the appropriate way to determine what assets are available as compensation for Hunter’s death.

In addition, the lawsuit also seeks to prevent the Travis County medical examiner’s office from making Hunter’s autopsy public.

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

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The family of a Texas woman killed by a drunk driver has filed a wrongful death lawsuit against the bar that served the suspect shortly before the car accident.

John and Melinda Red, the parents of 18-year-old accident victim Michelle Red, have filed a Texas wrongful death lawsuit against Pompeii, which is the bar where suspected drunk driver Lakedra Franklin allegedly became intoxicated before getting into a car accident last February.

Although Franklin is facing charges of intoxicated vehicular manslaughter, it’s the bar that Red’s parents are holding accountable under Texas dram shop law, a law which makes it possible under some circumstances to sue the establishment which served alcohol to an intoxicated person who later caused an injury.

Franklin’s court date is in April.

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

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A Dallas attorney has filed a wrongful death lawsuit against Toyota on behalf of a Texas family. The lawsuit alleges that the deceased victim was driving a 2007 Lexus when the vehicle suddenly accelerated and crashed into a pickup truck. Toyota manufactures Lexus vehicles.

The plaintiffs in the lawsuit, who have filed both individually and as representatives of the estate of victim George E. Fitts, includes William, Todd, Bill C., Phyllis, Frieda and Marry Fitts. The suit was filed on February 15^th against the Toyota Motor Corporation in the Marshall Division of the Eastern District of Texas.

According to the lawsuit, on November 6, 2009, George Fitts and his family were driving in his 2007 Lexus on the way to a University of Texas Longhorns football game. Fitts was traveling southbound on U.S. 79 when he crashed into a truck that was stopped and waiting to turn.

George Fitts, 72, suffered fatal injuries in the car accident. Two of his passengers, Billy C. and William Fitts, were seriously injured.

While the trooper who investigated the accident attributed the accident to Fitts’ apparent failure to see the stopped pickup truck, the victim’s family is claiming that the Lexus suddenly accelerated and could not be stopped.

In the lawsuit, Fitts’ family alleges that the Lexus is defective and unreasonably dangerous due to its tendency for sudden unwanted acceleration.

Toyota has not issued a recall on any Lexus for problems related to sticking gas pedals, though recalls have been made for other Toyota models for this issue.

A number of causes of action have been filed against Toyota in this lawsuit, including negligence, breach of warranty, design, manufacture and marketing defects and misrepresentation of reliability, safety and quality.

Damages sought by the plaintiffs in this wrongful death lawsuit include compensation for physical and emotional pain, emotional distress, mental anguish, medical expenses and burial costs. Other damages being sought include disfigurement, emotional distress, physical impairment, reduced capacity to enjoy life, interference with daily activities and lost wages.

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

If you have lost a loved one due to a malfunctioning vehicle, contact a personal injury attorney as soon as possible. The Texas personal injury attorneys of Fears | Nachawati provide free legal advice to the family members of victims killed in car accidents.

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A Texas man is among those suing Toyota over an accident caused by the malfunctioning gas pedal that has been the subject of a recent recall.

Michael Harris has filed a wrongful death lawsuit against Toyota alleging that a malfunctioning gas pedal in his wife’s 2009 Corolla caused her fatal car accident.

The victim was wife and mother Trina Harris who was killed when her car sped through a stop sign and smashed into a concrete wall. At the time of the accident, Harris was driving a 2009 Corolla, one of the vehicles that has been included in Toyota’s massive recall due to mechanical problems with accelerators.

Listed as defendants in the wrongful death lawsuit are Toyota, the manufacturer of the gas pedal and the local Toyota dealership from which Trina Harris leased her car.

For more on Harris’s wrongful death lawsuit against Toyota, see this article.

To find out if your Toyota is among the more than 2 million vehicles that have been recalled, visit www.toyota.com/recall/. There the car company lists all of the makes and models included in both of the recent recalls.

As Toyota explains on its website, there are actually two different recalls currently underway. The first is referred to as “floor mat entrapment,” where the car’s floor mat interferes with the gas pedal, causing it to get stuck in the wide-open position. The second is referred to simply as “pedal” and involves a mechanical failure that causes the gas pedal to get stuck in a partially depressed position or to be slow to return to the idle position.

If you experience sudden unintended acceleration in your vehicle, there are steps you can take to help avoid an accident. Consumer Reports presents this 5-step process for safely bringing a runaway car to a stop:

1. Brake firmly – do not pump the brakes.
2. Shift into neutral.
3. Steer to a safe location and come to a complete stop.
4. Turn off the engine with the transmission still in neutral.
5. Last, shift into park.

For more information on sudden unintended acceleration, see Consumer Report's Unintended Acceleration Guide.

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The family of a cyclist killed in an accident with two fire trucks has reached a settlement with the city of Houston, Texas. Their wrongful death claim against the city is set to be settled for $225,000.

Leigh Boone died two weeks after she was injured in an accident involving two fire trucks in March of 2009. The trucks collided at an intersection as they were speeding to what turned out to be a false alarm. One truck was speeding, and the other ran a red light.

Boone was standing on the corner with her bicycle when a ladder truck rolled onto her as a result of the collision.

Boone’s family filed a wrongful death lawsuit against the city of Houston in hopes of changing the way that the city’s fire stations compete for calls.

In the past, says an attorney for the family, there has been an unwritten competition amongst fire stations to be the first to the scene. Boone’s family wants to see that mentality changed to prevent future tragedies.

Under Texas law, the maximum amount of compensation anyone can get from a municipality for a wrongful death is $250,000.

We blogged about the Texas Tort Claims Act back in November. Essentially the law limits amount of money a person can be awarded when suing a governmental unit in Texas. It also limits the circumstances under which a governmental entity can be held liable for a tortious act.

If you or someone you love has been injured as the result of a negligent act by a government employee, it is critical that you seek the advice of an experienced Texas personal injury lawyer who understands the complicated laws that affect your ability to bring a lawsuit against the Texas government.

For more on the settlement, see this piece by the Houston Chronicle and this blog post on the Houston Press website.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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In a Texas wrongful death lawsuit, one type of damages the victim’s family may receive is loss of future earnings. Lost future earnings represent the amount of income the victim would have earned if they had lived.

Loss of future earnings is based on the decedent’s work life expectancy. Work life expectancy is different from a person’s life expectancy. For example, it may be determined that a person would likely have lived to age 75 but would have only worked until age 65.

On the most basic level, loss of future earnings is calculated by multiplying the number of years the victim would have continued to work by the victim’s income at the time of their death.

For instance, suppose the victim died at age 30 and was expected to work until the age of 65. Also, at the time of their death, the victim was making $20,000 a year. Loss of future earnings would be 25 x $20,000, which equals $500,000.

However, the courts typically take this amount of money and reduce it to present value. Present value is the amount of money today that is equal to a future payment. Calculating present value involves using a mathematical table to estimate how much today’s dollar would be worth in the future based on an annual interest rate and the number of years the victim was expected to live.

As you can see, determining loss of future earnings in a Texas wrongful death lawsuit can be quite complicated. To ensure that you receive the compensation you deserve, you need a Texas wrongful death lawyer who understands the often complex mathematical formulas involved with calculating loss of future earnings.

The attorneys of Fears | Nachawati are experienced with Texas wrongful death lawsuits and are dedicated to ensuring that their clients are fully and fairly compensated, not just for loss of earnings but for all damages available in Texas wrongful death lawsuits. To receive free legal advice from one of our Texas wrongful death lawyers, email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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

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

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

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

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

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

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

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

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

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

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

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

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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 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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