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

Beltex, a Fort Worth meat packer, has recalled over 135,000 pounds of beef products over a risk that the meat may be contaminated with E. coli bacterium. 

The recalled beef was shipped to wholesalers and distributors in Texas and seven other states under the brand Frontier Meats.  Potentially tainted product include kidney fat or suet, beef trimmings and a  cut called "boneless navel."

Calling it a high-risk recall, USDA is working to track down the meat. 

Ingestion of E. coli bacterium often causes moderate flu-like symptoms that can last for days or weeks.  Certain strains can cause organ failure or even death. 

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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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There are times when an accident victim with a viable personal injury claim does not move forward with legal action because of mistaken beliefs about how personal injury claims work. For example, some accident victims are operating under misconceptions about the circumstances under which a claim can be made or about what types of compensation can be recovered.

Although every case is different, it is often possible to recover compensation from an accident even if:

1. There were no witnesses to the accident: It is sometimes possible to reconstruct an accident with the help of investigators. A good personal injury attorney has access to a team of experts that can prove how an accident occurred even without the aid of witnesses.

2. You are partly at fault for the accident: Texas uses the doctrine of comparative responsibility to assign a percentage of the blame for an accident to each party involved. As long as the judge or jury determines that you were only 50% or less responsible for the accident, then you can still recover damages for your injuries.

3. The other driver has no insurance: The other driver’s insurance is not the only source of payment for your injuries. Depending on the circumstances of your accident, it may be possible to recover damages from your own insurance company, the owner of the car or the driver’s employer.

4. You were the victim of a hit-and-run driver: Depending on the type of insurance coverage you have, you may be able to recover damages from your own insurance company if you are the victim of a hit-and-run driver.

5. You did not immediately go to the hospital: Sometimes injuries take time to manifest themselves. It is not uncommon for an accident victim to feel fine at first but then later develop serious injuries. While it is certainly best that you seek medical attention as soon as possible after an accident, not immediately going to the hospital does not preclude you from bringing a personal injury claim.

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The first stage in a personal injury lawsuit is your initial meeting with your attorney. During this meeting, you will tell your attorney about your accident, explaining what happened and who was involved. Ideally you will bring along supporting documents, such as medical records and the accident report, to help your attorney evaluate the facts of your case and determine whether you have grounds for a personal injury lawsuit.

Before filing the personal injury lawsuit, your attorney will first try to negotiate with the other side, usually the insurance company of the person who caused your injuries. The goal of the negotiations is to reach a settlement that fairly compensates you for your injuries, making it unnecessary to move forward with a trial.

If a settlement cannot be reached, then your personal injury attorney will begin the process of filing a lawsuit. The first step is to file a formal pleading with the court known as a complaint. A complaint is a written legal document that explains why the defendant is being sued and lists the damages (such as medical expenses and lost wages) that are being sought.

The defendant must then file an answer to the complaint. An answer is also a written legal document. In it, the defendant will either admit to or deny the allegations made in the complaint and assert any defenses they believe they have.

Once the initial pleadings have been filed by both parties, discovery begins. Discovery is the legal process by which both parties to a lawsuit gather information and evidence to prove their version of the facts. A common form of discovery is a deposition where the attorney for each side is given the opportunity to question the other party.

It is not uncommon for a settlement to be reached after discovery is underway. A case can be settled any time before it goes to trial. In fact, the majority of personal injury lawsuits are settled before trial.

If no settlement has been reached, the case will go to trial. During the trial, both parties will present evidence and testimony to prove their case. For the plaintiff, this means proving that the defendant was at fault as well as proving their damages.

After both parties have finished presenting their case, the judge or jury, depending on whether a jury trial was requested, must deliberate and reach a verdict. The verdict is the judge or jury’s decision as to whether or not the defendant is at fault for your injuries. If the defendant is found liable, the verdict will also include an award of damages, which is the amount of money the defendant must pay you as compensation for your injuries.

If you have been injured in an accident, contact a personal injury attorney as soon as possible to arrange an initial consultation. At Fears | Nachawati, we provide accident victims with a free consultation where one of our experienced Texas personal injury attorneys will review the facts of your case and help you understand your legal options.

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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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The federal government formally banned truckers and commercial bus drivers from texting while driving on Tuesday.

The announcement was made by Transportation Secretary Ray LaHood. LaHood calls the ban a “strong message,” adding “We don’t merely expect you to share the road responsibly with other travelers – we require you to do so.”

After Tuesday’s announcement, even reading a text message while driving will be a federal safety offense. Violating the ban could put a commercial driver at risk of losing their authority to operate their vehicle and could net them a fine up to $2,750 for each offense.

The new rules also prohibit reading while driving, but do not place a ban on talking on cellphones will driving or talking on dispatching devices.

Tuesday’s announcement comes on the heels of a similar ban imposed last month when President Obama ordered approximately 3 million federal workers to keep off their cellphones while behind the wheel.

Texas currently has a number of laws against texting while driving, including a ban on texting by school bus drivers, by drivers under the age of 18 and by drivers in a school zone or those who are transporting a child.

Jennifer Smith, a Texas native and founder of FocusDriven, a nonprofit organization dedicated to campaigning for bans on texting and talking on cellphones while driving, has gone on the record to express her satisfaction with the latest texting ban.

Says smith, “This shows that the federal government is taking this seriously. The dangers exist, and there need to be safety measures involved.”

According to the press secretary for the U.S. Department of Transportation, more comprehensive rules, include a ban on texting by school bus drivers, will follow in the months to come.

The Dallas Morning News published a piece on the new ban, including a look at how it will affect Texas.

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No two cases are exactly alike. The amount of time it will take to settle your personal injury lawsuit depends on many factors, such as the nature of your injuries, the number of defendants involved and the complexity of your case.

The important thing to remember is that you don’t want to make the mistake of settling too early. It is important that you allow enough time to pass so that you and your attorney will know the full extent of your injuries. Only after a final medical report has been issued can you move forward with the certainty that you will be fully compensated for your injuries.

That is one reason why it is so important that you speak with a Texas personal injury lawyer before you sign any release. The insurance company may try to rush you into an early settlement in an attempt to settle for an amount of money that is less than what your claim is worth.

A Texas personal injury attorney will negotiate on your behalf to ensure that the final settlement offer is fair. If no settlement agreement can be reached, your attorney will take your case to trial to get you the compensation you deserve.

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If you have been injured in an accident, you need an experienced and qualified personal injury attorney on your side.Your personal injury attorney will act as your advocate, ensuring that you are treated fairly and that your best interests are represented at all times.

Here are some of the ways that a Texas personal injury lawyer can help you in processing your accident claim:

1. Evaluate your injuries and claim to ensure that you are getting a fair settlement.
2. Investigate the accident to determine exactly who was at fault.
3. Negotiate with the insurance company on your behalf.
4. Recommend physicians for treatment for your injuries.
5. Complete all of the paperwork and forms associated with your claim.
6. Represent you during the deposition.
7. Represent you in courtroom proceedings if the case goes to trial.
8. Interview witnesses.
9. Provide expert witnesses.
10. Take the burden off of your shoulders so you can focus on healing and getting back to your normal daily routine.

Contact Fears | Nachawati today for free legal advice and to learn more about the ways a Texas personal injury attorney can help you.

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You’re walking down the street when a crack in the sidewalk causes you to trip and fall. You’re browsing the aisles at your local grocery store when water on the floor causes you to slip and fall. These are both examples of the types of hazardous conditions that can cause what’s known in legal terms as a “slip and fall” injury.

Any number of dangerous conditions can cause a slip and fall injury, but there are certain common causes that Texas personal injury lawyers regularly encounter. These include:

• Slippery substances, such as grease or ice
• Lack of lighting
• Poor lighting
• Lack of handrails on stairways
• Uneven walking surfaces
• Cracked walking surfaces
• Holes in walking surfaces
• Loose tiles

If you have been injured after a slip and fall accident caused by a dangerous condition on someone else’s property, it is in your best interest to seek the counsel of an experienced Texas personal injury attorney.

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If you have been injured in a car accident, do not sign any form authorizing the release of your medical records to the other driver’s car insurance company. Your medical records contain personal and confidential information, some of which may be entirely unrelated to your accident.

The doctor/patient relationship is a private one, and your physician cannot disclose any of your medical information without your permission. Therefore, the only way the other driver’s insurance company can obtain your medical records is by having you sign a release form.

The better approach is for you to obtain a copy of the relevant records (the ones related to the accident) and provide the insurance company with those copies rather than signing a general release.

Along with the copies of the records, include a letter stating that you are only releasing the records that are relevant to the accident and that you are releasing them for the limited purpose of settling the claim.

If you hire a Texas personal injury lawyer, they can deal with the insurance company on your behalf. You will not have to worry about what you should and should not give to the other driver’s insurance company because your Texas personal injury attorney will be there to ensure that your legal rights are protected and your best interests are represented at all times.

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“Slip and fall” is a term used by lawyers to describe any accident that involves tripping or slipping because of a dangerous or hazardous condition on someone else’s property. If you have been injured in a slip and fall accident, there are certain steps you should take to help ensure that you receive full and fair compensation for your injuries.

Report the accident: Notify the owner of the property as soon as possible. Be sure to get a copy of the accident report. If the accident occurred on a residential property, notify the owner of the property both verbally and in writing.

Seek medical attention: Seek immediate treatment for your injuries. Records of a doctor’s evaluation of your injuries is critical to proving your case.

Keep records of the medical attention you receive: Save all documentation of the treatment you receive for the injuries suffered in your slip and fall accident.

Make a written record of the incident: While the incident is still fresh in your mind, write out a detailed account of your fall. Include information such as a description of the location where the accident occurred, the names and contact information of witnesses and any statements made by the owner of the property.

Take pictures: If possible, take photographs of the location where the fall occurred. Take pictures showing the scene of the accident from several angles. You should also take pictures of your injuries.

Get contact information for witnesses: Be sure to obtain the names and contact information of anyone who witnessed your slip and fall.

Contact a Texas personal injury attorney: Last but certainly not least, you should seek the immediate advice of an experienced Texas personal injury lawyer. A lawyer will be able to evaluate your case and determine whether you have a good claim. A lawyer can also help you understand your legal rights and explain your options.

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When an accident victim’s injuries interfere with their marriage, that victim’s spouse is suffering from “loss of consortium.” You can make a claim for loss of consortium along with the other claims you bring in your Texas personal injury lawsuit.

Loss of consortium is the legal term for the negative effect that injuries suffered in an accident, whether mental or physical, can have on a relationship. When one spouse is injured in an accident, the non-injured spouse can suffer too because they lose some of the care, affection, support, sexual relations, love and companionship they enjoyed before the accident.

Note that loss of consortium is not limited to the loss of sexual relations, however. Loss of consortium is a much broader concept that includes the loss of love, affection, moral support and even household services. Loss of consortium is the court’s recognition of the fact that a victim’s injuries have disrupted their marriage in a meaningful way.

If your spouse has been injured in an accident, contact Fears | Nachawati today for free advice on your legal rights. To learn more about loss of consortium and Texas personal injury lawsuits, email us or phone us toll free at 1.866.705.7584 for a no-charge legal consultation

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If you have been injured in an accident, you need a Texas personal injury lawyer who will give your case personal time and attention, ensuring that you receive the maximum compensation available to you through vigorous representation.

Unfortunately, many injured people in Texas are receiving just the opposite of that – they have unknowingly placed their case in the hands of a high-volume settlement mill attorney.

What is a settlement mill? Settlement mills are law practices that aggressively advertise their services and do nothing more than mass produce settlements of claims. There is virtually no client interaction, and cases are never taken to trial. A typical settlement mill will process tens of thousands of claims each year, while a legitimate Texas personal injury law firm handles only a fraction of that number of cases annually.

A settlement mill attorney usually takes the first offer which is made by the insurance company, an amount which is typically far lower than what the claim is worth. No attempt at real negotiations is made. Settlement mill attorneys have no leverage because insurance companies know that they never take cases to trial.

Settlement mills treat personal injury claims in a “cookie cutter” fashion. No special attention is paid to the individual facts or circumstances of the case. Rather, the goal of a settlement mill attorney is to move the claim in and out as quickly as possible. Settlement mills are focused on volume, not quality.

Another characteristic of a settlement mill is the lack of interaction with an actual attorney. In a high-volume settlement mill, most tasks are assigned to non-lawyers, and clients have little to no contact with the attorney who is supposedly representing their case.

Don’t be taken in by flashy advertisements. You need a Texas personal injury attorney who cares about you and your case, an attorney who will fight to ensure that you get full and fair compensation for your injuries.

To receive free legal assistance from a qualified and experienced Texas personal injury lawyer, contact Fears | Nachawati today. Simply email us or phone us toll free at 1.866.705.7584 to speak directly with a personal injury attorney.

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A tort is essentially a legal dispute between two individuals. One individual has been accused of committing a civil wrong against the other individual. The party who was wronged can bring a civil lawsuit against the party who caused their injuries and seek financial compensation for their losses.

A crime, on the other hand, is considered to be a wrong committed against society as a whole. Whereas the remedy for a tort is a civil lawsuit, crimes are redressed through criminal prosecution by the state of the offender.

Sometimes an act is both a crime and a tort. Battery (the use of force against another person that results in bodily injury), for example, is a crime in Texas punishable by law. However, it is also a tort and could serve as the basis for a personal injury lawsuit. Whether or not the wrongdoer is prosecuted and/or convicted does not have a legal effect on the injured party’s ability to bring a civil lawsuit.

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

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If you win your Texas personal injury lawsuit, you will be awarded money as compensation for your injuries and financial losses. This money is known as “damages.”

Damages fall into three general categories: compensatory, non-compensatory and punitive.

Compensatory damages are damages that compensate you for specific financial losses, such as medical bills, lost wages and property damage. Non-compensatory damages are damages that represent your pain, suffering and mental anguish.

Last are punitive damages, which are awarded as a means of “punishing” the defendant for particularly onerous conduct. Punitive damages are relatively rare.

Under Texas law, the individual who caused your injuries must compensate you for:

• Past and future medical expenses
• Time lost from work
• Damaged property
• Household assistance
• Emotional anguish
• Permanent disability and/or disfigurement
• Other costs which directly resulted from your injury

Have you or a loved one been injured in an accident? Then contact the Texas personal injury lawyers of Fears | Nachawati. To receive free legal assistance, phone us toll free at 1.866.705.7584 or email us.

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Negligence is only one basis for bringing a personal injury lawsuit. Two others bases for personal injury lawsuits exist: strict liability and intentional wrongdoing.

Strict liability is an area of tort law that has to do with products that are defective in some way when someone is harmed because of that defective. Strict liability means that you do not have to prove negligence on the part of the manufacturer. Instead, you must show that the product was manufactured or designed in a way that makes it unreasonably dangerous when used as intended.

Intentional wrongdoing is a wrongful act that was done purposefully. When someone is negligent, they did not mean to cause harm. Rather, the harm resulted from their careless conduct. An intentional tort is the opposite – the individual against whom you are bringing the personal injury lawsuit meant to harm you in some way.

For free legal advice on personal injury lawsuits, contact the Texas personal injury lawyers of Fears | Nachawati today. Simply email us or phone us toll free at 1.866.705.7584.

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Damages is a legal term that refers to the amount of money a winning plaintiff is awarded in a civil lawsuit. Damages can be divided into two main categories: pecuniary (monetary) and non-pecuniary.

Pecuniary, or monetary, damages represent actual financial losses you have suffered as a result of your accident and/or injuries. These include:

• Medical expenses, both past and future
• Lost wages
• Loss of future earnings
• Household services
• Property damage

Non-pecuniary damages are compensation for your suffering and do not coincide with any particular financial loss or out-of-pocket expense. These include:

• Disfigurement
• Disability
• Pain and suffering
• Mental anguish
• Loss of consortium
• Loss of enjoyment of life

To find out what types of damages may be available to you, contact the personal injury attorneys of Fears | Nachawati today. For free legal assistance from an experienced Texas personal injury lawyer, email us or phone us toll free at 1.866.705.7584.

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In order to hold someone legally liable for your injuries, you must prove that person’s actions were the cause of your injuries. Proving causation in personal injury lawsuits is typically a straightforward matter.

For example, John Smith was speeding and ran a red light. When he ran the red light, he hit a car being driven by Mary Jones. Mary was injured and her car was destroyed. Mary’s injuries were clearly caused by John’s actions – that is, by his running a red light. Mary can bring a personal injury lawsuit against John and sue him for both her physical and emotional injuries as well as the damage to her vehicle.

Causation, however, is sometimes more complicated. There are cases when a defendant argues that an “intervening cause” was the true cause of the plaintiff’s injuries. An intervening cause is an event that occurs between the defendant’s original negligent act and the injury suffered by the plaintiff. In this case, the intervening event was the real reason the injury was suffered.

Here’s an example of a situation where the defendant might successfully argue that an intervening cause was the real reason the plaintiff was injured:

Mike is mopping the floors at the ABC Grocery Store. When he finishes mopping, he negligently leaves the bucket of water sitting in the middle of the aisle. Ten minutes later, there’s a mild earthquake. The tremors from the earthquake cause the bucket to shake and tip over, spilling water on the floor. Suzy Shopper slips on the water and falls, breaking her ankle.

In defending a lawsuit brought by Suzy Shopper, the owner of ABC Grocery Store will argue that the earthquake, and not his employee’s negligent actions, was the real cause of Suzy’s injuries.

An experienced personal injury attorney can review the facts of your case and determine who can be held liable for your injuries. To receive free legal advice on your potential Texas personal injury lawsuit, contact Fears | Nachawati today. Simply email us or phone us toll free at 1.866.705.7584 to speak with a Texas personal injury lawyer.

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Discovery is the legal process by which both parties to a lawsuit are able to gather the pertinent information in order to litigate or defend a legal claim. It takes place before the trial so that both parties to the dispute have the facts they need.

Discovery takes many forms. One way to obtain information through discovery is to send the other party a list of written questions, which is called an interrogatory. Another way is a deposition, in which you give sworn testimony that is recorded by a court reporter. Or, if there are specific documents you know that you need, you can request those items directly.  

For state courts, state law dictates the precise rules that govern discovery. Federal law governs discovery in federal courts.

If you have been injured in accident, contact Fears | Nachawati today for free legal advice. Simply email us or phone us toll free at 1.866.705.7584.

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Patsy Moon, sister of former Houston Oilers quarterback Warren Moon, is suing a restaurant chain over alleged disfigurement caused by spilled hot coffee and soup.

In 2009, Moon was dining at La Madeleine in Houston when an employee of the restaurant spilled a tray of scalding soup and coffee on her thigh.

According to Moon, she was burned instantly and had to seek emergency medical attention.

Moon’s lawsuit alleges that Moon was disfigured by the burns caused by the spilled coffee and soup. It further claims that Moon was unable to complete her normal day-to-day activities because of severe pain. The lawsuit also alleges that Moon was unable to attend an NFL Hall of Fame event with her brother because of her injuries.

Click here to read more about Moon’s lawsuit.

If you have been injured in an accident, contact the personal injury lawyers of Fears | Nachawati today. To receive free legal assistance from one of our experienced attorneys, simply email us or phone us toll free at 1.866.705.7584.

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

Economic damages include:

• Past and future medical expenses
• Lost wages, both present and future
• Loss of earning capacity
• Damage to personal property
• Any other costs that are a direct result of an injury sustained in the car accident
• Court costs

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

• Physical pain and suffering
• Mental anguish
• Emotional suffering
• Physical impairment
• Disfigurement
• Loss of enjoyment of life
• Loss of consortium and companionship
• Inconvenience
• Injury to reputation

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

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In 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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Emotional distress is one type of injury for which you can seek compensation in a Texas personal injury lawsuit.

Accidents are traumatic experiences. Not only do they cause physical injuries, they can also cause the victim to suffer emotionally and mentally. Emotional distress, which is also often referred to as mental anguish, is the legal term used to describe an accident victim’s psychological reaction to the incident.

Victims experience emotional distress and mental anguish in different ways. There are, however, some common symptoms of emotional distress which include:

1. Panic attacks
2. Fear
3. Sleeplessness
4. Headaches
5. Stress
6. Nightmares
7. Worrying
8. Nausea
9. Frequent crying
10. Hyperventilation

Have you suffered emotional distress as the result of an accident? Then contact the Texas personal injury lawyers of Fears | Nachawati today. Simply emailus 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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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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There are two main parties to a Texas personal injury lawsuit – the plaintiff and the defendant. These are legal terms that describe a person’s relationship to a lawsuit, in the most simple terms, whether the person is suing or being sued.

The plaintiff is the person who initiated the personal injury lawsuit. This is the individual who has suffered an injury and is seeking financial compensation for their losses. A plaintiff is also sometimes referred to as the “complainant” or “claimant.”

The defendant is the person who has been accused of causing the plaintiff’s injury. This is the individual who is being sued and from whom the plaintiff is attempting to recover damages.A Texas personal injury lawsuit can have multiple plaintiffs and defendants. For example, if Sally is driving her car and is rear-ended by an 18-wheeler, there could be several people Sally could sue for her injuries. Depending on the circumstances surrounding the accident, the defendants in her lawsuit could include both the driver of the 18-wheeler and the company who employs the driver.

It is extremely important that a personal injury lawsuit name all possible defendants from the outset. If a potential defendant is not brought into the lawsuit within the appropriate timeframe, you may forever lose your right to seek compensation from that individual. A Texas personal injury lawyer can help you identify all of the parties who may hold some fault for your accident.

Have you been injured in an accident? Then it’s time to contact Fears | Nachawati. One of our experienced Texas personal injury attorneys will provide you with free legal advice about your options and answer your questions about the litigation process. To receive your free legal assistance, email Fears | Nachawati at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

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Loss of consortium is a legal term that describes the negative effect that an accident can have on a marriage. If one spouse is injured in an accident, the other spouse may lose some of the love, support, affection, companionship and sexual relations that were a part of the marriage before the injury occurred.

Many people mistakenly believe that loss of consortium applies only to sexual intercourse. However, there are numerous different components of loss of consortium, such as comfort, assistance around the home, solace and moral support. As described above, loss of consortium generally refers to any disruption to a marriage that comes about as a result of a personal injury, not just physical intimacy.

To seek damages for loss of consortium, the non-injured spouse files a loss of consortium claim in conjunction with the personal injury claim being filed by the injured spouse.

At Fears | Nachawati, we know that marriages are built on special relationships and common goals. When a personal injury interferes with your relationship and your ability to enjoy your marriage as you have in the past, then you may have a claim for loss of consortium. We know that no amount of money can ever make up for the damage an accident causes to your marriage, but financial compensation can help ease the burdens of a personal injury.

Contact us today for free legal advice on loss of consortium and other issues related to personal injury claims. The Texas personal injury lawyers of Fears | Nachawati provide personal injury victims with a free legal consultation. Simply email us at info@fnlawfirm.com or call us toll free 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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With Chrysler and GM being granted Chapter 11 bankruptcy, hundreds of personal injury and wrongful death claims against the corporation are being dropped – and not by the plaintiffs.The upshot of a government plan to bring GM and Chrysler LLC out of bankruptcy free of debt effectively wipes out the pending suits against them.

Before June 10^th, the date on which the company emerged from bankruptcy, Chrysler sold 10 millions vehicles. And now the new Chrysler can’t be held legally responsible for any incidents involving those millions of cars and trucks.

GM is set to emerge from bankruptcy as early as July – and the same rule is likely to apply to the 30 million GM vehicles currently on the road.

The so-called “new Chrysler” is owned by Fiat, which will not be held responsible for liability claims made against Chrysler before the sale. The “old Chrysler” was internally insured. When its assets were vanquished, so too were any funds for legal backing.

Critics are challenging GM’s bankruptcy plan in court, claiming it would essentially deprive consumers of their legal right to pursue a product liability claim. The bankruptcy and sale to Fiat also means that none of the Chrysler vehicles sold before June 10^th will ever be recalled for defects.

Experts also say that even consumers who have already won verdicts against Chrysler and GM will likely be unable to collect on their awards.

For a more in-depth look at these lost personal injury and wrongful death lawsuits, click here for the full story.

Fears | Nachawati is a Texas law firm handling personal injury and wrongful death claims. Contact us today for a free legal consultation.You can email us at info@fnlawfirm.com or call our toll-free helpline at 1.866.705.7584.

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