The Fears Nachawati Team Wins Another Robust Trial for an Injured Client

 On Wednesday, July 17, 2013, Fears Nachawati Law Firm Counsel Garnett Hendrix, along with his legal team, appeared in the 160th District Court in Dallas County under Presiding Judge, the Honorable Jim Jordan, to litigate for their client; Plaintiff Deron Taylor.
The case of Deron T. Taylor v. Clifton R. Carr and Native Oil Field Services, LLC, developed as a result of a rear-end collision that occurred between Taylor and Carr. On November 3, 2009, the tractor-trailer Carr was operating collided into the posterior end of the flat bed truck that Taylor was operating. As a result of Carr’s negligence to control his speed, yield to the right-of-way, and observe an adequate lookout, Taylor sustained permanent spinal damage upon impact when his vehicle was pushed 260 feet from the point of impact. In addition to spinal damage which has hindered Taylor’s work ability post-collision, Taylor also experienced a concussion, which caused long term, adverse affects on his memory.
Because of Garnett Hendrix’s 30 plus years of acute legal expertise, and the tenured, adept legal research team of paralegals and assistants who support him, the division from Fears Nachawati successfully argued their case in front of a jury, whom of which rendered a verdict of $352,000.00 to be awarded to Taylor as a result of the defendant’s wrongful and negligent conduct to avoid the collision. Included in the amount awarded to Taylor, $270,400.00 was designated to the Plaintiff for loss of future working capacity, and $50,000.00 was allocated for physical pain and mental anguish.
Becoming a victim in an accident can be very physically, emotionally, and financially distressful, especially when it could have been avoided. If you have been injured due to the negligent conduct of others, you may be entitled to pursue a claim against those responsible. Our experienced personal injury attorneys at Fears Nachawati can provide the legal guidance and representation you need to successfully achieve a claim against the responsible party.

About the Attorney

 

 


Garnett "Brit" E.Hendrix, Jr. has been practicing law in Texas for over 30 years. He is board certified in personal injury litigation by the Texas Board of Legal Specialization. Brit received his undergraduate degree from Texas Tech University, and earned his Juris Doctorate degree from the University of Texas. Brit is licensed to practice law in the State of Texas and is admitted to the Northern District of Texas.

Texas Child Faces Recovery from Burns

 Zachary Pope, 6, is recovering steadily in a Lubbock, Texas hospital after sustaining serious burns to his face and upper body. Although his mother and brother were able to escape the house fire with only minor burns, Zachary suffered considerable injury before finally reaching safety. Over the last two weeks, he’s undergone skin grafts on his arms, thighs, chest and face.

 

Fires cause burn injuries to thousands of Texans every year. Tragically, in many cases these fires are preventable and would not occur but for the negligence of landlords. If you’re apartment has caught fire recently, you may have a cause of action against the owner of the facility for unsafe premises. To find out more about what your next steps should be, contact the personal injury professionals at Fears | Nachawati. Give us a call at 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help you!

Commission on BP Oil Spill Releases Report, Identifies Corporate Negligence

Last week, the National Commission on the BP Deepwater Horizon Oil Spill and Offshore Drilling released its final report on the catastrophic spill. The Commission found that the Deepwater Horizon disaster was foreseeable and preventable. Specifically, errors by the responsible companies – BP, Halliburton, and Transocean – included inadequate safety procedures, failure to respond to repeatedly demonstrated problems, and ineffective response to the blowout once it began. 

Thousands of Texans work in the oil and gas industry. As the Commission’s findings suggest, the oil and gas companies who employ these hard-working Texans routinely dismiss safety concerns, putting their front-line employees at significant risk. Unfortunately, workers – like the men working the Deepwater Horizon – pay the price for this corporate neglect. 

To speak with an attorney specializing in occupational injuries and oil and gas industry negligence, contact Fears | Nachawati. For a free consultation, give us a call at 1.866.705.7584 or send an email to info@fnlawfirm.com. We’re ready to help you!

Man died at John Peter Smith hospital pharmacy

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

If you or a loved one has been injured or hurt on someone else's property, you may have legal rights.  Call Fears | Nachawati today to discuss your potential case.  1.866.705.7584. 

What is "duty of care"?

Duty of care is a duty imposed by the law on every person to behave with the caution that a reasonable and prudent person would exercise under the same circumstances. In order to successfully prove negligence in a Texas personal injury lawsuit, you must first prove that the defendant owed you a duty of care and that the duty of care was breached.

We all owe a general duty of care to the public and those around us. There is no requirement that you be contractually bound to another person in some way before you owe them a duty of care. Rather, the duty of care is automatic and owed by all of us to anyone who may be affected by our actions.

If you have been the victim of an accident caused by the negligence of a third party, contact Fears | Nachawati today. You will receive free legal advice from a Texas personal injury lawyer who can answer all of your questions about the litigation process. You can email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

Texas car accidents: Proportional comparative fault at 51%

Who was at fault? It’s the most basic, and most important, question that must be answered if you have been in a car accident. The person who is at fault is the person whose negligence caused the accident – and the person who is going to have to pay for the damages. Sounds pretty simple, right?

Well, sometimes fault can be a tricky thing. It is not uncommon for both drivers to have played a role in causing the car accident. When a victim’s own actions contributed to their accident, it’s known as contributory negligence. The question that must then be decided is whether the victim’s contributory negligence should prevent them from being able to recover damages.

To answer that question, Texas uses the proportional comparative fault at 51% rule. If you are involved in a car accident in Texas, you cannot recover damages from the other party if you are 51% or more at fault for the accident. The proportional degree of fault is usually decided by the insurance company adjusters.

You do not have to go through the insurance claim adjustment process alone. An experienced Texas personal injury lawyer can go to work for you to ensure that all of the evidence of fault is fairly and accurately presented. If you have been involved in a Texas car accident, contact Fears | Nachawati today to help ensure your ability to recover damages from the responsible party.

To receive free legal advice about your car accident, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.  

 

 

Negligence in Texas personal injury lawsuits: Who is the reasonable person?

The reasonable person is a legal fiction. It is a hypothetical person who uses average care, judgment and skills in conducting themselves. We use the reasonable person standard to determine whether a person’s conduct was negligent in a given set of circumstances. Typically a person is negligent if they fail to behave the way a reasonable person would under those same circumstances.

In general, negligence relates to a defendant’s actions rather than their state of mind. Therefore, we need a way to decide if those actions were reasonable. The reasonable person standard provides courts and juries with an objective test that can be used to decide whether a person’s actions constitute negligence.

The reasonable person isn’t perfect. A reasonable person is allowed to make mistakes in perception and errors of judgment – but only if that mistake or error was reasonable under the circumstances. If the mistake was consistent with exercising ordinary care, then making that mistake does not constitute negligence.

The reasonable person standard frequently comes into play in Texas personal injury lawsuits because most personal injury lawsuits are based on negligence. If you have been injured due to someone’s negligence, contact Fears | Nachawati to speak with a Texas personal injury lawyer. Just email us at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.

 

 

What is the difference between murder and wrongful death?

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 5th 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.

 

 

Respondeat superior: I was injured by the employee of a company - can I sue the employer?

It’s a common scenario: A truck driver for Company X is making some routine deliveries. The driver, Bill, is behind schedule, so he starts speeding and running stop signs, thinking he can make up the lost time. Bill runs a red light and hits Joan, who was proceeding lawfully through the intersection in her car.

Joan is seriously injured in the car accident and plans to bring a Texas personal injury lawsuit against Bill. Bill, however, has virtually no assets, and Joan would be unlikely to recover any damages the court would award her.

It may sound like Joan’s situation is hopeless, but a skilled Texas personal injury attorney knows that there is still another viable legal avenue to pursue: bringing a lawsuit against Company X, Bill’s employer.

Most of the time the law does not hold a person legally accountable for the action’s of another person. One exception is the doctrine of respondeat superior. Respondeat superior is a Latin phrase meaning “let the master answer.” Under respondeat superior, an employer can be held liable for the acts of their employees.

This means that a person injured by an employee, like Joan was, can actually recover damages for their injuries from the employer, even though the employer did not cause the plaintiff’s injuries.

There is no requirement that the plaintiff show that the employer was negligent.

In order to successfully establish a claim of respondeat superior, a plaintiff must prove three basic things:

  1. The plaintiff was injured as a result of the tortfeasor’s negligent act.
  2. The tortfeasor was an employee of the defendant at the time the negligent act was committed.
  3. The negligent act was committed while the employee was acting within the scope of their employment.

The requirement that the negligent act be committed while the employee was acting “within the scope of their employment” is key. An employer obviously isn’t responsible for everything their employees do. If Bill had hit Joan’s car while he was on his way home from the grocery store rather than while he was on the job, Company X wouldn’t be liable for Joan’s injuries.

In order to prove that the employee was acting within the scope of their employment (making the employer potentially liable), the plaintiff must show that the employee’s act was:

  1. Within the scope of the employee’s general authority
  2. In furtherance of the employer’s business
  3. The object of the employment

All of the Texas personal injury lawyers of Fears | Nachawati understand the complex doctrine of respondeat superior and know how to use it in the appropriate cases to ensure that their clients receive full and fair compensation.

Contact us today if you have been injured in an accident, and let one of our Texas personal injury attorneys provide you with free legal advice. You can email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

 

Who can bring a personal injury lawsuit?

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

 

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

 

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

 

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

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

 

At Fears | Nachawati we provide you with this initial legal consultation free of charge. If you have been hurt in an accident due to the negligence of a third party, contact us today for free legal assistance. To speak directly with one of our Texas personal injury lawyers, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

 

 

 

Family of man killed by taser sues city and Fort Worth police officer

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.

 

 

What is an intentional tort?

The most common basis for a Texas personal injury lawsuit is negligence. However, sometimes lawsuits are based on what is known in legal terms as an “intentional tort.”

 

In the most simple terms, an intentional tort, as the name implies, is a wrongful act intentionally committed by the wrongdoer. Rather than negligence, which is unintentional, an intentional tort involves committing the act knowingly and purposefully.  

 

The main difference between an intentional tort and negligence, in terms of personal injury lawsuits, is that the plaintiff must also prove intent in addition to the other elements of a personal injury lawsuit. Intent means that the defendant acted either on purpose or with substantial knowledge that an injury or other harm was likely to occur.

 

An intentional tort is a civil wrong, which may or may not also be a criminal act. For example, assault and battery are both intentional torts that can also result in criminal charges and prosecution.

 

In addition to assault and battery, other types of intentional torts include:

 

  • Intentional infliction of emotional distress
  • Slander
  • Libel
  • False imprisonment
  • Trespass
  • Fraud
  • Nuisance
  • Theft

Often, the damages awarded in cases of intentional torts are more substantial than those awarded in cases of negligence. The large amount of damages awarded are intended to serve, in part, as a deterrent. Society wants to discourage people from intentionally committing wrongful acts against fellow citizens.

 

Punitive damages are more frequently available in intentional tort cases than in other types of personal injury lawsuits. Punitive damages are intended to serve as a punishment rather than as direct compensation to the victim for their losses and injuries.

 

If you have been the victim of an intentional tort, you may have grounds for bringing a Texas personal injury lawsuit. The Texas personal injury lawyers of Fears | Nachawati provide tort victims with free legal advice. To speak to one of our attorneys, completely free of charge, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

Do I have a personal injury claim?

The answer to this question depends on the specific facts of your case, but in general, there are two things you need in order to have a personal injury claim. First, you must have been injured. Your injury can be either physical, emotional or both.

 

Second, you must be able to prove that someone else is responsible for your injuries. In most cases this is a matter of proving that the other person was negligent, meaning they did not act with the care that a reasonable person would have in the same circumstances. However, a Texas personal injury lawsuit can also be based on strict liability or an intentional tort.  For more information on the different types of personal injury cases click here.   

 

If you think you may have a personal injury claim, you should speak to a lawyer as soon as possible. The law places limits on the amount of time in which you have to bring a claim. The Texas statute of limitations on personal injury lawsuits is 2 years.

 

Not every injury can be the basis of a personal injury lawsuit. Sometimes we get hurt through no fault of another person. The wisest course of action, however, is to speak with a personal injury attorney in Texas who can determine whether or not you have a case. When it comes to your legal rights, it is best to err on the side of caution. Always speak with an attorney before you accept any settlement or insurance offer.

 

If you have been injured in an accident due to someone else’s negligence, contact Fears | Nachawati. We will provide you with free legal advice on your potential personal injury lawsuit. One of our Texas personal injury lawyers will review the facts of your case and determine whether you have a personal injury lawsuit. Simply email us at info@fnlawfirm.com or call us on our toll-free helpline at 1.866.705.7584.

 

Determining fault: how to tell who caused your car accident

The most central aspect of any Texas personal injury lawsuit is proving that the other party caused the accident that resulted in your injuries. When providing you with free legal advice, one of the first things an attorney will do is determine who was at fault for the car accident.

 

In many cases, it is quite clear which party was at fault. For instance, your vehicle may have been struck by a driver who ran a red light or a drunk driver traveling the wrong way on the interstate. Other times, the cause of the accident is less obvious, and the injured party can benefit greatly from the assistance of a personal injury lawyer in protecting their rights.

 

As you know, there are nearly countless factors that can contribute to a car accident. Your Texas personal injury lawyer will evaluate all of the factors that potentially played a role in your car accident. Your attorney’s ability to make an accurate evaluation of your case depends largely on the amount of information and documentation you are able to provide.

 

These are some of the factors your personal injury attorney will consider to help determine who was at fault for the car accident:

 

  • Common knowledge of driving rules
  • Violations of the law committed by the drivers involved in the accident
  • Whether the duties of the road were followed: lookout, avoidance and obeying driving rules
  • Whether alcohol or drugs were involved in the accident
  • Failing to account for road conditions and/or bad weather
  • Witness statements
  • Police reports
  • Your account of the accident
  • Photos taken at the accident scene

Most of the time the party responsible for the accident will be shown to have acted negligently.  Negligence means that the driver failed to act with the care that a reasonable person would have exercised under the same circumstances. If you can prove that the other party was negligent, then you are well on your way to a strong Texas personal injury claim.

 

Remember, even if the car accident was partly your fault, you may still be able to recover some damages for your injuries. See our post on comparative responsibility here for more information.

 

To receive free legal advice from an experienced Texas personal injury lawyer, contact Fears | Nachawati today. You will speak directly with a personal injury attorney who will review your case to make an initial determination of fault. To receive your free consultation, email us at info@fnlawfirm.com or call our toll-free helpline at 1.866.705.7584.

 

Types of personal injury cases - negligence, intentional torts and strict liability

Personal injury cases can be divided into three main categories: negligence, intentional torts and strict liability. Below is a brief overview of the different types of personal injury cases:

 

Negligence: All of us owe a duty of care to the people around us. Specifically, it is our duty to act with the care and caution that a reasonable person would under the same circumstances. When a person violates this duty of care, and an injury results from it, they are said to be negligent. Of these three, negligence is by far the most common basis for a personal injury lawsuit

 

Intentional tort: A personal injury case falls under the general area of the law known as “torts.” Torts are any civil or wrongful act that results in an injury to another person. An intentional tort, as the name suggests, is an act that is committed willfully and purposefully. Essentially, the defendant set out with the intention of harming you or your property.

 

Strict liability: In a strict liability case, it is not necessary for the plaintiff to prove the defendant’s liability. Rather, the defendant is deemed automatically liable for the injury based on state laws. The defendant is held liable regardless of whether they knew they were endangering someone. The most common laws that impose strict liability are those related to defective products.

 

If you have been injured in an accident, contact us today to learn more about personal injury lawsuits and the type of case you may have. Email Fears | Nachawati at info@fnlawfirm.com or call us toll free at 1.866.705.7584 for free legal assistance from a Texas personal injury lawyer.

 

What is a personal injury?

“Personal injury” is a legal term that describes an injury to a victim’s body, mind or emotions. Personal injuries are distinct and separate from injuries to property. A personal injury can be either physical or psychological. Both types may be included in a Texas personal injury lawsuit.

Here is an example of a personal injury: John Smith is in a bad car accident. He sustains injuries including whiplash (physical) and emotional trauma (psychological). He also suffered an injury to his property when he car was damaged. John can seek compensation for all three of these injuries when he brings a personal injury lawsuit.

The term personal injury is generally associated with harm suffered by a person who is injured in an accident caused by another person’s negligent actions.  To learn more about negligence click here. 

If you have suffered a personal injury because of the negligence of another person, contact us today at Fears | Nachawati. For a free legal consultation with a Texas personal injury lawyer, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.