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

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.

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

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.

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

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.

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

Whether or not to settle your personal injury lawsuit is a very serious decision, one that calls for the advice of an experienced attorney.

There are definite benefits to settling a case out of court. Trials can be lengthy and stressful, which can be avoided through a settlement. Also, you can choose how you structure your settlement, ensuring that it fits your particular situation and needs.

One mistake that you do not want to make is settling your claim too quickly. You shouldn’t settle your personal injury lawsuit until you are certain of the full extent and nature of your injuries. You must know how your injuries will continue to affect you in the future before you and your attorney can determine what a fair settlement will be.

At Fears | Nachawati, we work to ensure that our clients get the financial compensation they deserve. While a settlement is often the most desirable route, we are fully prepared and equipped to take a case to trial if necessary. Your best interests always dictate our course of action.

To receive free legal advice about Texas personal injury lawsuits, contact us today. The personal injury lawsuit attorneys of Fears | Nachawati provide accident victims with a no charge legal consultation. Simply 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

When you bring a Texas personal injury lawsuit, it is your responsibility as the plaintiff to prove your case. This is known as the “burden of proof.” In civil cases, such as a Texas personal injury lawsuit, the standard of proof you must meet is a “preponderance of the evidence.”

Preponderance of the evidence simply means something is more likely true than not. It is much more relaxed than the “beyond a reasonable doubt” standard applied in criminal cases. In order to win your case, the judge or jury must find your evidence more believable than the defendant’s.

Meeting your burden of proof has nothing to do with the amount of evidence you present. You could win a case with one witness or twenty. What matters is that the jury or judge determines that your version of the facts is more probable than the defendant’s. To use a popular metaphor, the scales must tip in your favor, even if only slightly.

We provide accident victims with free legal advice. To speak with a Texas personal injury attorney at Fears | Nachawati, 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

Your Texas personal injury lawsuit begins with an initial consultation with your lawyer. Most personal injury lawyers, such as our team here at Fears | Nachawati, will provide you with free legal advice during this first meeting.

The first meeting is a time for your lawyer to get know the facts of your case. You will tell your lawyer about the accident and show them any documents, such as police reports, that you have.

If your Texas personal injury lawyer decides that you have a good case, the next step is to contact the legal representative of the person or entity responsible for the accident.

In many instances, your case will be settled out of court with no need for a trial. If a settlement cannot be reached, however, your personal injury lawyer will move forward with preparations for trial in accordance with Texas law.

If your personal injury lawsuit goes to trial, there will be a deposition, which is a time for the defendant’s attorney to ask you questions about the accident. Your personal injury lawyer will thoroughly prepare you for the deposition by telling you what questions to expect and going over your answers with you. Your attorney will depose the defendant as well.

The good news for you as the accident victim is that your Texas personal injury lawsuit will generally require very little participation on your part. Your attorney handles all of the paperwork as well as the communications with the party against whom you are bringing the suit.

If you have been injured in an accident, contact us today for free legal assistance. At Fears | Nachawati, we provide accident victims with a no charge initial consultation during which we will determine whether you have a case and will explain how the personal injury lawsuit process works. Just 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

“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.

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