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

The family of a woman who died in a car accident is suing the Waco, Texas, restaurant and bar where the deceased allegedly became intoxicated before the collision.

The deceased was 24-year-old Krystal Flores, a wife and mother of three. Her husband, Jose Flores, and her mother, Brenda Telles, are suing Austin’s On The Avenue, claiming the establishment holds some legal responsibility for Krystal’s accident and resulting death.

The events in question took place on February 15^th. Some time after leaving the restaurant, Flores was in a collision with a pickup truck being driven by a man who was attempting to flee from the police.

However, the pickup driver, 22-year-old Oscar Martinez Banda Jr., was not charged in Flores’ death because police determined that Flores ran a red light.

According to the lawsuit, which was filed on Wednesday, Flores was served alcohol by Austin employees “after she was obviously intoxicated.” The suit further alleges that the employees “encouraged her to drive her own vehicle home.”

The lawsuit accuses Austin’s of negligence for failing to monitor the alcohol consumption of its patrons, for continuing to serve intoxicated customers, for allowing intoxicated customers to drive home and for failing to properly train and supervise its employees.

Co-owner of the restaurant Austin Brock declined comment, and said only that he was not aware the suit had been filed and is unfamiliar with the allegations made in it. 

To read more about this Texas wrongful death lawsuit, click here for the complete article.

If you have lost a loved one in an accident caused by someone else’s negligence, contact Fears | Nachawati today for free legal advice about wrongful death lawsuits. To speak with one of our Texas wrongful death lawyers, free of charge, contact us by email at info@fnlawfirm.com or by phone at 1.866.705.7584.

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A wrongful death occurs when an individual is killed due to the negligence of a third party. It gives rise to a legal action that can be brought by the deceased’s family in order to seek compensation for their loss. These are known as wrongful death lawsuits. 

In Texas, wrongful death lawsuits are governed by Chapter 71 of the Texas Civil Practice and Remedies Code. The Texas Wrongful Death Act gives the deceased’s spouse, children and parents the right to seek financial compensation for the losses they have suffered as a result of the death. This includes both financial losses as well as the loss of companionship and support that was provided by the deceased. 

In addition to the deceased’s family, a Texas wrongful death lawsuit can also be brought by the executor or administrator of the deceased’s estate. Note that siblings, aunts and uncles are not eligible to bring a Texas wrongful death lawsuit.

If you have lost a family member in an accident, contact us today. The Texas statute of limitations gives you only two years within which to bring your wrongful death lawsuit.

At Fears | Nachawati, we understand the pain of losing a loved one, and we provide sensitive and caring support during this difficult time. For free legal advice on your potential wrongful death lawsuit, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

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The type and amount of damages awarded in Texas wrongful death lawsuits depends in large part on the plaintiff’s relationship to the deceased victim. For example, a spouse of a deceased victim receives different damages than the child of a deceased victim. Damages is the legal term for the compensation awarded when the plaintiff’s wrongful death lawsuit is successful.

While no price tag can ever be placed on the life of a loved one, a wrongful death lawsuit helps the deceased’s family by alleviating the financial losses that they will suffer without the deceased’s income. These are known as pecuniary damages. Some of the information the court considers in determining the amount to which the plaintiff is entitled includes:

·         The amount of money the deceased earned

·         To what extent the survivors were financially dependent upon the deceased

·         Medical expenses

·         Funeral expenses

Other factors that have to be considered are the non-monetary contributions the deceased made to the family that nonetheless saved the family money. For example, a parent who cared for the children saves the family money because they do not have to place the children in daycare. Housekeeping is another example.

In addition to pecuniary damages, family members can also receive compensation for their emotional suffering, such as loss of companionship, love, affection and moral support.

Fears | Nachawati represents plaintiffs in bringing Texas wrongful death lawsuits against the parties responsible for a loved one’s death. For a free consultation 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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A judge has given the go-ahead on a wrongful death lawsuit brought by the family of a mentally ill woman who died in the Dallas County jail. The ruling comes two years after the initial suit was filed in 2007. 

The wrongful death lawsuit centers of the death of Rosie Sims, and is being brought by her three children: Tosha Sims Lee, Melissa Lomack and Archie Sims Jr.

According to the federal judge overseeing the case, Sidney A. Fitzwater,  there is enough evidence to pursue at least one of suit’s claims – that Sims was punished in violation of her 14^th Amendment rights given the deplorable conditions of the Dallas County jail. Several other of the plaintiffs’ claims were thrown out by Fitzwater.

The lawsuit alleges that Sims did not receive medical treatment or routine examinations during the time she was in custody. Guards found Sims lying on the floor in her own waste in November of 2005, according to the suit, but did not take her to be examined.

The conditions of the Dallas County jail were found to be so poor around the time of Sims’ death that the federal government became involved and continues to oversee improvements.

To date, the county has lost one neglect lawsuit and settled another. The two payouts totaled nearly $2 million.

For more on the Sims’ Texas wrongful death lawsuit, click here for the full story.

Fears | Nachawati is a Texas law firm representing plaintiffs in wrongful death lawsuits. If you have lost a family member due to the negligent actions of a third party, contact us today for a free legal consultation on your potential Texas wrongful death lawsuit. Simply e-mail us at info or call us on our toll-free helpline at 1.866.705.7584.@fnlawfirm.com

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A wrongful death lawsuit has been brought against a Waco, Texas, movie complex. The suit is being brought by the parents of Keon Talton, a 13-year-old boy who died from injuries as a result of “car surfing” in the theatre’s parking lot.

On June 9^th, 2007, Keon Talton was riding on the roof of a Jeep Cherokee in the parking lot of the Starplex Galaxy 16 movie theater. Talton fell off the roof, resulting in serious injuries from which he died two days later in a Fort Worth hospital. 

Other defendants named in the lawsuit include the teenage driver of the car, Javonte Verzale Ross, who was 15 at the time of the accident. The owners of the Jeep, Starplex Cinemas Inc., Starplex Operating L.P. and Realty Income Texas Properties have also been named in the suit.

While Talton was riding on the roof of the car, Ross was seen swerving and coming to a quick stop, which caused Talton to fall of the roof. Ross pled guilty to manslaughter for Talton’s death and was given 5 years of juvenile probation.

Talton’s parents allege that both Ross and the theatre complex were negligent. The claim against the theatre is based on an alleged failure to provide adequate lighting and security.

For the complete story on this Texas wrongful death lawsuit, click here.

If you have suffered the tragic loss of a loved one through the negligent behavior of a third party, let us help you. At Fears | Nachawati, we will provide you with a free consultation to help you understand your rights and to discuss your potential wrongful death lawsuit. You can reach us by email at info@fnlawfirm.com or toll free by phone at 1.866.705.7584.

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