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

While it is possible to negotiate an insurance settlement on your own, the wisest course of action is to seek the counsel of an experienced personal injury lawyer. Insurance companies are focused on their bottom line – which means getting you to settle for the lowest amount possible. A personal injury lawyer, by contrast, works only for you, with your best interests at the forefront of everything they do.

Often an insurance company will offer an accident victim only a fraction of what their claim is really worth. A personal injury lawyer can help ensure that you recover an amount that represents the true value of your claim. Your attorney can make sure you are compensated not only for your physical injuries and medical bills, but also for your pain, suffering and emotional trauma.

Personal injury lawyers are skilled at negotiating with insurance companies to get you the best possible settlement. If necessary, a personal injury lawyer also has the knowledge and skills necessary to take a case to trial.

The average person does not know all of their legal rights. As personal injury lawyers, it is our job to know the law inside and out. An insurance company’s only job is to pay out on a claim. A personal injury lawyer, on the other hand, will advise you every step of the way and ensure that your legal rights are protected.

If you have been injured in an accident, you already have enough to worry about. Let a personal injury lawyer step in to handle all of the paperwork and communications with the insurance company and the other party’s legal counsel. That way, you can focus on your recovery and getting your life back to normal.

At Fears | Nachawati, we represent accident victims in obtaining full and fair compensation for their personal injuries. We will deal with the insurance company so you don’t have to.

For free legal advice on your personal injury claim or insurance settlement, contact us today. You will speak directly with a Texas personal injury lawyer who will answer all of your questions and advise you on the next steps you should take. Simply email us at info@fnlawfirm.com or by phone at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

You’ve been in a car accident, and your vehicle was damaged so you make an insurance claim. Now the insurance company has one of two choices: they can either pay for the necessary repairs to your car or they can “total” it.

The phrase “totaled” conjures up images of a car smashed up beyond recognition, a car that is completely beyond repair. However, in insurance lingo “totaled” doesn’t mean what it sounds like. Rather, a car is “totaled” if the cost of repairing the car exceeds the value of the car.

What you will receive for your “totaled” car is its “actual cash value.” Actual cash value is defined as the cost of replacing your car with a car of similar make and quality in Texas, with some deductions made for your current car’s wear and tear.

In some cases, a car accident victim will disagree with the insurance company that their car is totaled. The victim may want to keep their car and pay for the repairs. You do have this right.

The process of reclaiming your totaled car works like this: the insurance company will pay you the actual cash value of your car. However, the insurance company will deduct the amount they would have gotten for your car at a salvage yard. If you want to go this route, it’s important that you inform your insurance company right away before your car is sent off to an auction at a salvage yard.

If you have been involved in a car accident, it is wise to seek the advice of a Texas car accident attorney before accepting any offer from an insurance company. The insurance company’s goal is to pay you as little as possible for the damage to your car. A car accident lawyer can help ensure that you get a fair settlement.

For free legal advice on car accident insurance claims as well as personal injury claims arising from car accidents, contact Fears | Nachawati today. Simply email us at info@fnlawfirm.com or call us on our toll-free hotline at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A construction worker was killed when he was struck by a 200-pound tire that had come loose from a tanker truck carrying flammable liquids.

The victim was 52-year-old J. Pedro Garcia, a state contract road crew worker.

The first right rear wheel of the tanker came off while the truck was crossing over Lewisville Lake on the I-35 southbound bridge. The first lost tire struck two vehicles.  

After losing the first tire, and after striking the other vehicles, the truck continued driving for about a half a mile. A second wheel then came off and hit Garcia.

Garcia was flown by ambulance to an area hospital where he later died from his injuries.

The truck company for which the driver worked, Safety-Kleen, is cooperating with police in the ongoing investigation.

Click here to read more about this Texas construction accident.

Workers who have been injured in construction accidents may have a basis for bringing a Texas personal injury lawsuit. For free legal advice on your potential claim, contact Fears | Nachawati today by email at info@fnlawfirm.com or on our toll-free helpline at 1.866.705.7584. 

• Email This
• Print
• Comments
• Trackbacks
• Share Link

It is not uncommon for multiple people to be responsible for a plaintiff’s personal injury. For instance, say you slip and fall in a grocery store. You might have a claim against the store where the accident occurred as well as the corporation that owns the store. In this case, Texas’s rule of joint and several liability would come into effect. It’s a complicated name for a simple concept.

The Texas joint and several liability rule was implemented to cover situations where more than one person or entity is responsible for an accident. Under this rule, you have the ability to seek compensation from multiple defendants. The benefit to the plaintiff is that they can still recover their full judgment even if one or more of the defendants can’t pay up.

Texas is somewhat unique in its approach to joint and several liability. Typically joint and several liability means that every defendant who is a party to the lawsuit is responsible for the entire amount of damages awarded to a plaintiff, regardless of their percentage of fault.

In Texas, however, a defendant is only responsible for the full amount if they are found to be 51% responsible for the accident. Otherwise, they are only responsible for an amount equal to their percentage of fault.

The victim of a personal injury may not realize that multiple people or entities are at fault. That is why it is so important that you seek the immediate legal assistance of a personal injury lawyer.

An experienced Texas personal injury attorney can determine exactly whose negligence caused your accident, and this may include a number of different potential defendants. If you have been injured in an accident, contact Fears | Nachawati today for free legal advice to learn more about your rights and options. You can reach us by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

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.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

An experienced Texas personal injury lawyer understands the oftentimes complicated law that applies to personal injury lawsuits. This includes determining the amount of compensation that is fair and equitable given your injuries and damages. It is possible that the injuries you suffered will affect you for years to come, so you need someone who can help you project what your long-term expenses will be.

If you have been injured in a car accident or on the job, you have a lot on your plate. A Texas personal injury attorney can ease the burden on you by working with the insurance company on your behalf, filling out the paperwork and ensuring that all necessary documents are submitted on time. Your attorney will take on these responsibilities so that you can focus on healing and returning to a normal life.

Hiring a Texas personal injury lawyer also levels the playing field. The insurance company will have a stable of experts on their side, trying to figure out how to offer you the lowest possible settlement. A personal injury attorney will protect your best interests – yours and yours alone.

Fears | Nachawati provides accident victims with a free legal consultation. You have nothing to lose by seeking advice on your potential claim. Some people mistakenly believe that they do not have a personal injury claim. Rather than making that decision on your own, which can cost you a considerable amount in damages, it is best to first consult with an attorney. A knowledgeable Texas personal injury attorney is better equipped to determine whether or not a personal injury claim exists.

For your free consultation, contact Fears | Nachawati at info@fnlawfirm.com or toll free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A father and two of his children were killed in a head-on collision on Highway 71 near Spicewood, Texas. The victims are Russell Rutland and his 4-year-old daughter Maddie and 9-year-old son Hunter.

The accident occurred on Saturday morning, June 6^th, when a driver crossed over the double yellow line on Highway 71, heading into oncoming traffic. The vehicle then struck Rutland’s car head on. All three victims died instantly upon impact. Rutland’s two other sons, ages 5 and 9, were also riding in the car and suffered only minor injuries.

The driver responsible for the crash is John Horn, 29. He was arrested on charges of driving without a license and without insurance. Horn has admitted to using meth on Friday night. He tested positive for the drug on the day of his arrest.  Horn will likely be charged with three counts of vehicular homicide.

For more on this story, click here.

If you have been involved in a car accident, you can benefit from the help of a Texas personal injury lawyer. For a free consultation about car accident personal injury claims, contact Fears | Nachawati today. E-mail us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584 for a free consultation.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A 14-year-old Victoria, Texas, boy was hit by a car as he was crossing the street on his bike on the evening of Friday, May 22^nd. The boy is Joseph Garcia, who was headed back home from a friend’s house when the accident occurred.

The identity of the woman driving the SUV that struck Garcia is not currently available. After striking Garcia, the SUV the collided with a truck being driven by 57-year-old Danny Kearney.

Garcia’s condition is unknown. The driver of the SUV, who had to be extricated from her vehicle, has since been released from the hospital.

For more on the accident, click here for the full article.

Cyclists are highly vulnerable to serious injuries when they are involved in accidents. Depending on the specific circumstances, it could be either the bike rider, the driver of the car or both who are responsible for the accident. Those injured in a bicycle accident may have a personal injury claim. To learn more, contact Fears | Nachawati for your free consultation at info@fnlawfirm.com or toll free at 1.866.705.7584.

• Email This
• Print
• Comments
• Trackbacks
• Share Link

A personal injury lawsuit is based on one person being injured because of the negligent actions of another person. A person is negligent if they fail to act with the prudence that a reasonable person would under the same circumstances. Liability can also be founded on behavior that is reckless or intentional. The person liable for the accident is the defendant, while the person bringing the suit is the plaintiff.

The purpose of a personal injury lawsuit is to compensate the victim for their injuries and losses. These are known as “damages.” The amount of compensation awarded to a plaintiff in a successful personal injury claim depends on the extent of their injuries, both physical and emotional.

The law surrounding personal injury lawsuits varies from state to state. That is why it is so important that you seek the advice of a Texas personal injury attorney. Only an attorney versed in Texas personal injury law can properly advise you on your potential claim.

The law firm of Fears | Nachawati represents accident victims in personal injury lawsuits. To find out if you may have a personal injury claim, contact us today to receive a free consultation. You can email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

You should not hesitate in consulting with a Texas personal injury attorney. If you wait too long, your claim might be barred by the state’s statute of limitations. A statute of limitations is a law that limits the amount of time in which you have to bring your personal injury claim.

• Email This
• Print
• Comments
• Trackbacks
• Share Link