Texas woman files personal injury lawsuit against Wal-Mart after shopping cart injury

A Texas woman has filed a personal injury lawsuit against Wal-Mart alleging she was injured when a store employee rammed a rack of carts into her.

The plaintiff, Betty E. Wheat, was shopping at a Wal-Mart on January 9, 2008. Wheat was retrieving a shopping cart when, according to her Texas personal injury lawsuit, a Wal-Mart employee was using a machine to move several shopping carts, ramming them into a stationary rack of carts. The stationary rack of carts, in turn, slammed into Wheat.

Wheat claims the force of the impact caused her to fall to the ground and injure her hip. According to the suit, Wheat was transported by ambulance to the emergency room the next day. She was hospitalized for nine days as she underwent treatment and testing.

In her Texas personal injury lawsuit, Wheat is claiming that Wal-Mart is responsible for its employee’s actions under the doctrine of respondeat superior.

The personal injury lawsuit accuses the employee of negligence in failing to keep a proper lookout and failing to maintain a clear and reasonable distance between Wheat and the moving equipment.

Wheat is seeking a variety of damages including medical expenses, pain and suffering, mental anguish, physical impairment and loss of household services.

To read more on this Texas personal injury lawsuit, click here for the complete article.

What does it mean when I sign a release?

When you sign a release, you are agreeing to give up the right to pursue any further financial recovery from the individual being released in exchange for that individual paying you an agreed upon amount of money.
When you settle a personal injury claim you will generally have to sign a release. For example, you may agree to settle your claim for $10,000. By signing the release, you are saying that you will not take any further legal action against the defendant in return for the defendant paying you $10,000.
You should never sign a release until you have consulted with a personal injury attorney. Before you give up any of your legal rights, it is critical that you speak with a personal injury attorney who can assess your case and ensure that you are receiving a fair settlement.
After you sign a release, you have given up your right to bring a personal injury lawsuit against the individual being released. A personal injury attorney will help you determine whether settling the case is in your best interest.

How will my personal injury claim be processed?

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.

Common causes of slip and fall injuries

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.

What does it mean if someone is "liable" for my injuries?

In the context of a personal injury lawsuit, the term “liable” means that an individual, company or some other legal entity has been deemed responsible for your injuries in a court of law. The determination of whether someone is liable for your injuries can be made either by a judge or a jury, depending on the nature of the trial.

If the defendant in a Texas personal injury lawsuit is found liable for your injuries, then that person is typically required to pay you a specific amount of money as compensation for your damages, such as medical bills, lost wages and pain and suffering.

Sometimes people confuse the term “liable” with the term “guilty.” Guilty is a term used only in criminal cases, and it means that a court of law has determined that the defendant did commit the offense of which they are accused.

If you were hurt in an accident and believe that someone else may be liable for your injuries, contact the law firm of Fears | Nachawati today for free legal assistance. To speak with one of our experienced Texas personal injury lawyers, simply email us or phone us toll free at 1.866.705.7584.

What happens after I file a Texas personal injury lawsuit?

 

After you file your pleadings, the documents which form the basis of a personal injury lawsuit, you officially become the plaintiff in the case. The person against whom you filed the lawsuit, the one who caused your injuries, becomes the defendant. In response to your summons and complaint, the defendant must file an answer.

Once the pleadings have been filed, both parties will begin discovery. Discovery is the process by which you, the plaintiff, as well as the defendant gather the facts necessary for litigating the claims made in your Texas personal injury lawsuit.

Discovery takes many forms. The two most common types of discovery are interrogatories (written questions) and depositions (sworn testimony given under oath).

It is quite common for a settlement to be reached during the discovery phase of a personal injury lawsuit. You have the option of settling the lawsuit with the defendant for an agreed upon sum of money rather than moving forward with a trial.

Of course, not all Texas personal injury lawsuits are settled out of court. If no settlement can be reached, then the case goes to trial, typically before a jury.

For free legal advice on Texas personal injury lawsuits, contact Fears | Nachawati today. To speak with an experienced Texas personal injury lawyer, you can email us or phone us toll free at 1.866.705.7584.

 

If I file a personal injury lawsuit, do I have to go to court?

Whether or not your personal injury lawsuit goes to trial depends on the circumstances surrounding your case. Frequently, personal injury lawsuits are settled before the case ever makes it to court. If the defendant, or, in some cases, the defendant’s insurance company, agrees to pay you an amount of money that you and your attorney believe is fair compensation for your injuries, then you can choose to settle and forego a trial.

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

What types of damages are available to me if I win my personal injury lawsuit?

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.

How do I know if I have a personal injury lawsuit?

If you were injured because someone failed to act responsibly, you may have grounds for a personal injury lawsuit.

Essentially, three criteria must be met in order to bring a personal injury lawsuit:

  1. You were injured.
  2. The injuries were caused by someone else.
  3. You suffered a monetary loss because of your injuries.

Most personal injury lawsuits are based on a legal concept known as negligence. A person is negligent if they fail to exercise the caution that a reasonable person would have under the same circumstances.

When someone’s negligent actions cause injury to another person, they have committed a tort. A tort is the basis for a personal injury lawsuit. If Person A’s negligence causes an accident that injures Person B, then Person A can be held legally liable for Person B’s damages.

To find out whether or not you may have a personal injury lawsuit, contact Fears | Nachawati today for free legal assistance. To speak with one of our Texas personal injury lawyers, email us or phone us toll free at 1.866.705.7584.

How much time do I have to file my personal injury lawsuit?

In Texas, you must file your personal injury lawsuit within two years after the incident that caused your injuries. This two-year time limit is known as a statute of limitations.

While the general statute of limitations on personal injury lawsuits in Texas is two years, there are exceptions. The statute of limitations can be “tolled” under certain circumstances, such as when the victim was a minor.

To be sure that you don’t lose your right to seek legal compensation for your injuries, contact a personal injury lawyer as soon as possible. For free legal assistance from a Texas personal injury attorney, contact Fears | Nachawati today. Simply email us or phone us toll free at 1.866.705.7584.

What is discovery?

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.

What is the Texas Tort Claims Act?

The Texas Tort Claims Act is the set of laws that determine when a governmental entity may be held legally liable for tortious conduct under state law. 

Before the Texas Tort Claims Act was adopted by the legislature, an individual could not recover damages from a state or local governmental unit for injured they suffered as a result of the actions of a government employee in an employee’s performance of a governmental function. 

This concept is known as sovereign immunity, and it exists to protect the government’s time and resources from litigation and to encourage swift action by government officials.

However, in 1969, the Texas legislature adopted the Texas Tort Claims Act, waving sovereign immunity for governmental entities under certain circumstances. The relevant portion of the Act (Tex. Civ. Prac. & Rem. Code § 101.021) states that governmental units can be held liable for:

(1) property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting within his scope of employment if:

(A) the property damage, personal injury, or death arises from the operation or use of a motor-driven vehicle or motor-driven equipment; and

(B) the employee would be personally liable to the claimant according to Texas law; and

(2) personal injury and death so caused by a condition or use of tangible personal or real property if the governmental unit would, were it a private person, be liable to the claimant according to Texas law.

The Act places a cap on the amount of damages an individual can receive when suing a governmental unit. The maximum amount of damages that can be received by an individual is $250,000. There is also a $500,000 cap for each single occurrence of bodily injury or death. Finally, there is a $100,000 limit on the amount that can be awarded for a single occurrence of injury to or destruction of property.

If you have been injured by the actions of a government employee, contact Fears | Nachawati today to determine whether you may be eligible to receive damages under the Texas Tort Claims Act. You can email us or phone us toll free at 1.866.705.7584.

What is alternative dispute resolution?

Alternative dispute resolution, which is often referred to simply as “ADR,” is a way of resolving a legal dispute without the need for litigation or a trial. In Texas, the use of alternative dispute resolution is governed by the Texas Alternative Dispute Resolution Procedures Act.

There are several different types of alternative dispute resolution, with the most common being arbitration and mediation. 

No matter what type of alternative dispute resolution is being employed, the general procedure is for a neutral third party to listen to both sides of the dispute and help the parties find common ground to come up with a mutually agreeable solution. The process is informal and does not take place inside a courtroom.

Alternative dispute resolution can be beneficial to both sides of the dispute. In general, alternative dispute resolution is quicker and less expensive than litigation.

An experienced lawyer can help you decide if alternative dispute resolution is right for your situation. In some types of alternative dispute resolution, you can also be represented by a lawyer during the process. It is always best to seek the advice of a qualified lawyer before entering into any dispute resolution procedure.

For free legal advice from a personal injury attorney, contact Fears | Nachawati by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

Texas woman files personal injury lawsuit over hotel insect infestation

A Texas woman has filed a personal injury lawsuit against a Galveston hotel. The Texas personal injury lawsuit, which is being brought by Stephanie Griffin of Beaumont, Texas, claims Griffin suffered an attack by an infestation of bugs in the hotel.

 

Padmanabh Inc., the operator of the La Quinta where the alleged attack occurred, has been named as the defendant. In the personal injury lawsuit against the hotel’s operator, Griffin, a grandmother of three, claims she was unable to enjoy her vacation with her grandchildren because of the incident.

 

According to Griffin, after encountering the bugs in her La Quinta room, she suffered itching, severe pain and extreme discomfort. Griffin immediately sought treatment at the University of Texas Medical Branch. Doctors there diagnosed Griffin with insect bites.

 

Griffin says she had to seek follow-up treatment for persistent skin irritation and pain after returning home from her trip.

 

In her Texas personal injury lawsuit, Griffin is seeking medical expenses and lost wages. She has also requested a jury trial.

 

To read more about Griffin’s Texas personal injury lawsuit, click here for the complete story.

 

Fears | Nachawati is a Texas personal injury law firm that provides victims with free legal advice on their potential lawsuit. To have one of our personal injury lawyers review your case at no charge, contact us today.Email Fears | Nachawati at info@fnlawfirm.com or call our toll-free number at 1.866.705.7584.  

Affirmative defenses to Texas personal injury lawsuits

When a defendant puts forth an affirmative defense they are not denying their responsibility for the accident. Rather, they are arguing that there is some other reason why they should not be held liable.

Defenses to a Texas personal injury lawsuit can be put into one of two basic categories: “I didn’t do it” and “I did it but…” An “I didn’t do it” defense is essentially a denial of one or more of the plaintiff’s claims. For example, the defendant in a car accident lawsuit may deny that they were speeding as the plaintiff has claimed.

An affirmative defense is an “I did it but…” defense. It is used by a defendant to either limit or excuse any wrongdoing on their part. For example, the defendant does not deny that they were speeding but instead asserts that the statute of limitations has run out, making the victim ineligible to bring a lawsuit.

 

Contributory negligence is another type of affirmative defense. For instance, the defendant could argue that the plaintiff can’t recover for their injuries because they contributed to the car accident by talking on their cell phone and failing to pay attention to the road.

 

Fears | Nachawati is a Texas personal injury lawsuit firm representing victims of all types of accidents in seeking compensation for their injuries. To receive free legal advice from one of our personal injury attorneys, email us at info@fnlawfirm.com or call 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.