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

Donald Leeroy Ballard, a Little League umpire near Houston, Texas, lured a 16-year-old child into his residence with the promise of food and video games. Once inside the home, Ballard sexually assaulted the child. Given Mr. Ballard’s relatively high interaction with teenage boys throughout Liberty County, the Liberty County Sheriff’s Office was concerned that Ballard might have sexually assaulted other children as well.

Ballard will be subject to criminal charges, however, he also will likely face tort allegations, too. Victims deserve their day in court and they need legal advisors capable of defending their rights. If you or a loved one has been the victim of a crime such as battery, theft, or sexual assault, contact the legal advisors at Fears | Nachawati. Call at 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help you!

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A jury in Georgetown, Texas, sentenced Kenneth Wade Davis to 75 years in prison for aggravated assault, aggravated assault on a public servant and burglary. Davis’s sentence stems from an April, 2010 altercation in which he broke into Bobbie Rigsby’s home and, when she unexpectedly returned, shot her, puncturing her lung. Later that night, Davis also shot a Round Rock police officer, Jack Johnson. Fortunately, both have recovered.

Criminal court isn’t the end of the line for Mr. Davis. The burglar-turned gunman-turned convict also faces civil charges for the medical and emotional damage he caused. Tort law is an important field and nobody knows it better than the experienced, expert attorneys at Fears | Nachawati. If you’ve been injured by a criminal act, you may also have a civil claim. To find out more about your rights, call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. The consultation is free; we’re ready to help you!

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Late last week a Texas jury restored Miss San Antonio, Domonique Ramirez, to her rightful place among beauty royalty when they ruled that pageant officials had unfairly stripped the possible Miss Texas contender of her crown. Even after the trial, speculations remained as to the real motivation behind Ramirez’s dismissal. Some believe that pageant officials removed the teenage star for gaining excessive weight and refusing to “get off the tacos.” Others remain convinced that Ms. Ramirez was unduly difficult, chronically late and frequently rude.

Financially, the Miss San Antonio, Miss Texas, and Miss America awards can mean college scholarships and product endorsements, among other benefits. As a result, the courtroom battle between Miss Ramirez and Miss San Antonio officials addressed significant tort and contract law disputes.

Have you been unfairly terminated from your job? If so, you may have valid tort and contract law claims. To find out how to pursue these complaints, contact the personal injury experts at Fears | Nachawati. With years of experience and considerable expertise, we can help you! Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. 

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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.

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When you research the law of Texas personal injury lawsuits, you will often come across the word “tort.”  Torts are a branch of civil law, which is the area of the law that gives individuals the right to bring a lawsuit against a party that has harmed them in some way. Specifically, a tort is a harmful act committed by an individual that injures another person. Committing a tort leaves you open to a lawsuit for damages. Torts are most often associated with personal injury law.

A person who commits a tort is sometimes referred to as a “tortfeasor.” If this person is found to have committed a tort, then they will have to pay the victim compensation for the injuries they suffered as a result of the tortfeasor’s wrongdoing.

A tort can be either intentional or unintentional. Harming another person because of negligent behavior is an unintentional tort. For example, a person could be considered negligent if they cause a car accident because they were talking on their cellphone and weren’t paying attention to the vehicles around them. The driver did not mean to hurt anyone, but they hurt someone nonetheless and they are now responsible for their victim’s injuries.

An intentional tort, by contrast, occurs when a person intentionally and willfully sets out to cause harm to another person, such as in a case of assault and battery.

If you have been injured in an accident, you may be the victim of a tort. Contact Fears | Nachawati today for free legal advice on whether you may have grounds for bringing a personal injury lawsuit. For free legal assistance from 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.

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