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

A pedestrian was injured today in an two-car accident in downtown Dallas.  The incident occurred near the intersection of Pearl and San Jacinto.  Authorities say that the first car ran into the second car, which was attempting to turn right onto San Jacinto.  A female pedestrian was standing in front of the second car apparently waiting to cross the road when the wreck occurred.  She was injured when the second car was pushed into her.  The drivers of the cars were not injured.

If you have been injured in a car wreck, the attorneys of Fears | Nachawati are here to help you get the compensation you deserve.  Call us today for a free consultation at 1.866.705.7584. 

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

A fan fell thirty feet trying to catch a foul ball during the 5th inning of Tuesday's Rangers game.  According to the team spokesperson, the fan, a man, fell from the club level into the lower bowl seating area.  The man was conscious and responsive when paramedics reached him, and was taken to John Peter Smith Hospital in Fort Worth for further treatment.  Several other spectators were injured when the man landed on them. 

If you have been hurt on someone else's business property, the attorneys and legal professionals of Fears | Nachawati are here to help you get justice.  Call us today for a consultation at 1.866.705.7584.

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

Two children and one adult were injured in a recent accident on I-35W in Denton, near the Golden Triangle Boulevard exit.  The victims were driving northbound in the far right lane in a small sedan when the car they were riding in veered into the side of another vehicle traveling in the same direction.  The sedan then pulled hard to the right, and ran off of the road surface.  The occupants of the other car were not hurt. 

If you have been injured in a car accident, the attorneys of Fears | Nachawati are here to help you get the justice you deserve today. Call us today at 1.866.705.7584.

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

Starbucks is in hot water over its hot tea.  Plaintiff Zeynep Inanli has sued the company alleging that a Manhattan Starbucks served her tea that was so hot it caused second-degree burns.  She also complains that the container her tea was served in was defective, noting that the lid was not properly secured, causing her to become burned.  She seeks unspecified damages for her burns, pain and mental anguish.  

Inanli v. Starbucks is reminiscent of a case involving McDonald's and hot coffee.  In that case, a jury in 1994 ordered McDonald's to pay nearly $3 million to Stella Liebeck, in compensation for severe burns Ms. Liebeck suffered when she was burned by the restaurant's coffee. 

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

A recent report reveals that less than 25% of FDA-regulated food plants were inspected annually, and more than half of the plants were not inspected at all, during a five year period from 2004 through 2008.  Inspections at plants considered high risk also dropped off.  At the same time, consumers were seriously injured and even died from tainted peanut butter, vegetables and other food products. 

Like many government agencies, the FDA is stretched thin, having experienced a staff decrease of 18% since 2003.  Fortunately for consumers, Congress has recently authorized filling a number of vacant positions.  However, even after these additions, the FDA will still have 145 fewer inspectors on staff than it did in 2004. 

Consumer groups have reported that they are alarmed, but not surprised, by the report.  Many groups continue to take issue with what they describe as serious deficiencies in the country's food inspection system. 

If you believe you have been injured or made ill by tainted food, contact the attorneys of Fears | Nachawati to see whether you are entitled to compensation for your illness or injury.  We would be happy to speak with you at 1-866-705-7584 at your convenience. 

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

A horse wandered onto the main lanes of I-20 Wednesday morning, causing a four-car pileup that shut down two lanes of traffic.  The accident occurred near the St. Augustine Road.  The horse was killed.  One man was injured in the crash, he is currently in stable condition.  Authorities are investigating how the horse got onto the highway, and searching for its owner.

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

A school bus aid in McKinney was fired last week after hitting an elementary school student with a belt.  The 10 year old male student was taking the bus to school on April 12 when the incident occurred.

The driver had worked for Durham School Services, which handles transportation for McKinney Independent School District, for about three months.  The driver had passed a background check and been through training. 

The incident is being investigated by local authorities. 

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

A number of popular items have been recently recalled because they have caused or could cause serious injury or death. 

Grills: Kuuma IR Stow and Go grills sold at West Marine stores nationwide from January 2009 through August 2009 have been recalled because of leaky propane tanks.  The leak poses a fire hazard, and at least three fires have started as a result of this defect.

Scuba Gear: TUSA RS-670 SCUBA regulators, sold nationwide by authorized TUSA distributors and also diving and equipment stores from May 2009 through September 2009 have been recalled because of a potential high-pressure leak.  The potential leak creates a drowning hazard. 

Baby Walkers: Baby walkers sold in California and Arizona from June 2009 through August 2009 bearing the item number L-0809EN and imported by Le Hing, Inc.  The walkers can fit through a standard doorway but are not designed to stop at the edge of a step.  These defects could cause serious injury or death to infants using such a walker. 

Click here for more information about recent recalls.

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

The answer to this question depends on a law called the statute of limitations. A statute of limitations is a law that limits the amount of time in which you have to bring a personal injury lawsuit.

In Texas, the statute of limitations on bringing a personal injury lawsuit is two years. If you don’t bring your legal claim within two years of the date of your car accident (with certain exceptions), then you will be barred from ever bringing that claim.

What all this means is that you should hire a Texas personal injury lawyer as soon as possible after your car accident. By waiting too long to seek the advice of an attorney, you could lose your right to file a lawsuit – which means you lose your ability to seek compensation for your injuries.

To ensure that you preserve your legal rights, it is critical that you seek the immediate advice of an experienced Texas personal injury lawyer. While you may have two years within which to file your lawsuit, you should not delay in seeking the council of a qualified attorney.

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

If you file a Texas personal injury lawsuit, the defendant’s lawyer will likely “depose” you. A deposition is the process by which the defendant’s lawyer asks you questions about the accident in order to gather facts about the case.

Before the questioning begins, you will be put under oath whereby you will swear to tell the truth in answering the questions. Your answers to the questions will be recorded by a court reporter. Sometimes depositions are recorded on an audio tape or by a video recorder.

If your Texas personal injury lawsuit goes to trial, the testimony you give in court will be compared to the answers you gave during your deposition. If there are any inconsistencies or discrepancies between the two, the defendant’s lawyer will ask you about them.

Depositions are a form of discovery. Discovery is a legal term that encompasses all of the various ways that lawyers gather facts and evidence in preparation for a lawsuit.

You have the right to have your lawyer present at the deposition. Your lawyer will be there to ensure that your best interests are represented and will spend time preparing you for the questions you can expect to be asked.

Your lawyer also has the right to object to questions that are improper, misleading, irrelevant or vague. The defendant cannot use the deposition process to harass you, and your lawyer will make sure that this does not happen.

Hiring an experienced Texas personal injury lawyer is the best way to ensure that your rights are protected during a deposition.

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

Exemplary damages are often referred to as punitive damages. These are damages awarded to a plaintiff in a lawsuit when the defendant’s actions were malicious, willful or reckless.

Exemplary damages are in excess of the plaintiff’s actual losses. Rather than compensation, exemplary damages are intended to serve as a punishment and to make a public example of the defendant to warn others against engaging in the same type of conduct.

Fears | Nachawati is a Texas personal injury law firm. To receive free legal assistance from a Texas personal injury attorney, email us today or phone us toll free at 1.866.705.7584.

• Email This
• Print
• Comments (1)
• Trackbacks
• Share Link

Accident victims are sometimes nervous about meeting with a personal injury lawyer for the first time. For many accident victims, their personal injury lawsuit will be their first experience with the legal process.

To help you get the most out of your initial consultation, Fears | Nachawati has put together this list of documents that you should bring to your first meeting with your Texas personal injury lawyer.

The items on this list will help your personal injury attorney evaluate your case and determine whether you have a viable claim and how much compensation you are likely to receive.

Here are the most important types of information for you to bring to your initial consultation with your Texas personal injury attorney:

A written account of the accident: Write out a detailed narrative of how the accident occurred, including the events preceding and following the incident. Include as many details as possible. Your attorney will be able to determine which details are relevant to your claim.

Contact information for the person(s) who caused the accident: Take along a list of all the contact information you have for the person or people responsible for the accident, including their name, phone number, address, driver’s license number and insurance information, if applicable.

Contact information for witnesses: Make a list of the people who witnessed your accident, include as much contact information you have as well as a brief description of what you believe each witness saw.

Photographs: Bring along any photos you have of the scene of the accident as well as photos of your injuries and photos documenting any damage to your personal property, such as your vehicle.

Copies of accident reports: If an official report of the accident was made, such as a police report or a work accident report, bring copies for your attorney.

Medical bills: The amount of compensation you may be entitled to depends in large part on your medical expenses, so bring along copies of all the medical bills related to treatment for your injuries caused by the accident.

Medical records: Similarly, bring any documentation you have of the nature and extent of your injuries.

Repair estimates: If your personal property was damaged in the accident, bring copies of any professional repair estimates you have obtained.

Remember, you are not limited to the items on this list. You can and should bring along any other pieces of information or documentation that you feel will help your Texas personal injury lawyer in evaluating your case.

To receive a free legal consultation with an experienced Texas personal injury attorney, contact the law firm of Fears | Nachawati today. Simply email us or phone us toll free at 1.866.705.7584 for free legal assistance.

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

In legal terms, “damages” are the amount of money you are awarded if your lawsuit is successful. There are different types of damages, and they’re given different names to specify exactly what it is that the defendant is paying for. The two most common types of damages are special damages and general damages.

General damages represent the types of damages that can’t easily be assigned a monetary value, such as pain and suffering, loss of consortium and emotional trauma. There is no evidence, such as bills or receipts, of a specific dollar amount, but they are losses for which the plaintiff deserves compensation nonetheless.

Special damages, by contrast, can be assigned a specific monetary value because these are compensation for the expenses you incurred as a result of the accident. Special damages include things like medical bills and lost wages. These are your “out of pocket” expenses.

One easy way to remember the difference between general and special damages is to think of them this way – general damages are the damages that can “generally” be attributed to the defendant’s negligence, such as the pain and suffering that all accident victims suffer. Special damages, on the other hand, are unique (or “special”) to you because no other plaintiff will have the precise amount of financial losses as you do.

If you have been injured in a car accident, we can help you get the full and fair compensation that you deserve. To receive a free consultation from a Texas personal injury attorney at Fears | Nachawati, just 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

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.

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

A 27-year-old man diving for golf balls in water traps around a golf course drowned last Wednesday. The death is being considered an industrial accident.

The Las Colinas Country Club golf course hired Christopher Logan to retrieve the golf balls. Logan is scuba certified and worked for the golf course part time.

When Logan had not returned by closing time at 8 p.m., an employee went looking for him.

Logan’s breathing apparatus was found floating in the water near the 18^th hole. The pump which supplies air to Logan was not running. His body was later discovered submerged in the water. The death was ruled an accident due to drowning and carbon monoxide effects by the Dallas County medical examiner.

Because the drowning is being considered an industrial accident, it is being investigated by OSHA.

For more on this workplace accident, click here.

Fears | Nachawati is a Texas personal injury law firm that represents individuals who have been injured on the job. If you or a loved one has been hurt in the workplace, contact us today for a free legal consultation. 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

Mediation in personal injury cases typically occurs after a lawsuit is filed, but before a trial before a jury or judge takes place.  Once an injury suit is filed, mediation is usually your last chance to resolve your case, absent a full-blown trial, and , many cases in fact settle at mediation.  During mediation, the mediator is a neutral arbiter between the parties and their goal is to try and resolve the injury claim in a manner that all parties can live with.  Your lawyer should explain to you how mediation works well in advance.  Typically, mediation lasts a half day or a full day, depending on the complexity of the case.  At the beginning of mediation, parties meet in one conference room where your lawyer makes a short presentation to the mediator and the party being sued concerning the facts of your injury case.  Sometimes, the attorney for the party being sued responds with a brief statement and the parties then break into separate rooms.  The mediator typically goes back and forth into separate conference rooms with monetary offers.  If the parties to the injury suit can come together on a settlement, the mediator drafts a short settlement agreement and the injury claim is finalized usually within 30 days following mediation.  If however, the parties are unable to come together on a fair settlement, the case will go to trial.  It is important to ensure your lawyer is willing to go the distance and take your case to trial if necessary.  Lawyers at my firm, Fears | Nachawati, attend mediation frequently, and more importantly, will absolutely take a case to trial if the negligent party (at fault party) is unwilling to pay a fair and reasonable settlement amount. If you have an injury claim and need legal help or advice, contact me at mn@fnlawfirm.com or by phone - 1.866.705.7584.

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

Texas Governor Rick Perry broke his collarbone on the night of Tuesday, June 9^th while riding his bicycle near his home. Perry, age 59, also suffered minor abrasions to his right elbow.

Perry was treated and released from Seton Medical Center in Austin, Texas. He was wearing a helmet at the time of the accident.

Perry has stated that the accident occurred while he was heading down a hill on a familiar biking trail. For reasons that are not completely clear, Perry went over the handle bars, landing on the backside of his right shoulder.

Perry’s injuries have delayed his trips to Corpus Christi, Galveston and South Padre Island to sign bills related to windstorm insurance reform and supplemental funding for the University of Texas Medical Branch in Galveston.

For the full story on Governor Perry’s accident, click here.

If you or a loved one has been injured in a car accident, you need sound advice from a knowledgeable Texas personal injury lawyer. Contact us today for a no charge, no obligation consultation with one of the attorneys of Fears | Nachawati. You can email us at info@fnlawfirm.com or call our toll-free helpline at 1.866.705.7584.

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

Many times, people injured in auto accidents wonder whether they have a case or what their legal options may be after being injured in an accident through no fault of their own.  In some cases, injured people are not even sure if they have a good legal case.  Most attorneys work on a contingency basis, meaning there typically are no out of pocket costs to clients for attorneys fees and expenses.  Some people are hesitant to involve an attorney, but as an attorney who cares about taking care of potential clients, I believe it certainly can be helpful to obtain accurate legal information from a personal injury attorney who can provide valuable help and, in some cases, representation that oftentimes results in a more favorable settlement for those injured by another person's negligence. If you have been injured in an auto accident, contact  our law firm by submitting our form to the left or call Fears & Nachawati Law Firm to set up a free legal consultation.  Fears | Nachawati Law Firm, Toll Free 1 (866) 705-7584.

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