Wrongful Death, Nanny, Baby

On January 14, 2013, Irish nanny Aisling Brady McCarthy was babysitting a 1 year old girl, Rehma Sabir, she had watched for six months in Cambridge, a suburb of Boston. Something occurred and the baby suffered a catastrophic brain swelling and bleeding which ultimately ended her life.

Shortly thereafter, McCarthy was charged with the murder of the little girl. The theory was that McCarthy shook the baby which caused the brain injury. McCarthy spent two years in prison fearing for her life since “baby killers” were considered the lowest of the low. Over time the prisoners all believed she was innocent. Two attorneys took her case and were able to free her from her life sentence due to a lack of evidence that could prove beyond a reasonable doubt McCarthy was guilty.

Now five months removed from prosecutors dropping the murder charges and with McCarthy back in her home of Ireland, the family of the deceased girl has filed a wrongful death claim against McCarthy. The wrongful death claims states that McCarthy is responsible for the death of their daughter due to McCarthy’s “negligent, malicision, willful, wanton, reckless and/or grossly negligent acts.” According to the father, they will drop the claim if McCarthy signs an agreement stating she will not to profit from the incident. They said they will not even ask McCarthy to sign an admission of culpability.

Wrongful Death in Texas

This section is in regard to the Texas statute in the Civil Practices and Remedies Code, Title 4 (Liability in Tort), Chapter 71 (Wrongful Death; Survival; Injuries Occurring Out of State).

What qualifies as a wrongful death claim? Who is liable?

This section is in regard to the above named Texas statute under Subchapter A (Wrongful Death).

The first thing to know about wrongful death claims in Texas is that a claim may only be brought by someone if the individual who died would have been able to bring a claim for the injury that caused their death if the individual would not have died. A wrongful death claim may be brought by one or more of the surviving spouse, children, and parents of the deceased. Even if only one brings the action, all of the qualified plaintiffs may benefit.

It is important to understand is that Texas qualifies unborn children, from conception to the moment just before birth, as individuals with rights. The plaintiff is required to provide evidence that the mother was pregnant at the time of the unborn child’s death. Therefore, if an unborn child cannot be born alive because of the actions of another, a wrongful death claim may be pursued against the liable party. A liable party can be an individual person, a group of people, a person’s representative, or a company. If a liable party is an individual that dies before the completion of a wrongful death lawsuit, the executor or administrator of the liable party’s estate may be named the defendant. However, a liable cannot be:

·         The mother of an unborn child;

·         A doctor or other health care provider who performed a consented medical procedure and death was the intended result;

·         A party who lawfully gave a drug to another and death resulted from using that drug; or,

·         A doctor or other medical provider performed a lawful medical procedure and death resulted.

The most common reason for wrongful death cases is the wrongful action, neglect, carelessness, unskillfulness, or default of a liable party. A wrongful action is doing something the liable party should not have done such as intentionally pushing a ladder over while someone is on it. Neglect is not doing something the liable party should have done such as not putting warning notifications where a hazard exists. Carelessness occurs when the liable party is not being careful such as a medical provider not following the proper protocol when handling a sick patient. Unskillfulness of a liable party happens when the liable party is not qualified to do something such as someone getting shot at a gun safety class because a brand new, unsupervised instructor-in-training was leading the course. Default is the failure of the liable party to do something required by law such as a company not pulling children’s toys off of store shelves when the government recalls the products because the paint has too much lead.

What if the deceased died in another state or country?

This section is in regard to the above named Texas statute under Subchapter C (Act or Omission Out of State).

Even if the deceased died outside of Texas, it is still possible for Texas to be the venue of the lawsuit. If Texas is the venue, then Texas law must apply. The four requirements for this to occur are:

1.       A law in Texas, the other state, or the other country allow for the case to be held in Texas;

2.       The case began within the necessary time frame that Texas requires under its statute of limitations for that type of case;

3.       The case began within the necessary time frame the other state or country requires under its statute of limitations for that type of case; and,

4.       Only if another country is involved, that country has equal treaty rights with the United States on behalf of that country’s citizens.

 

What happens to lawsuits still pending that the deceased is a plaintiff?

This section is in regard to the above named Texas statute under Subchapter B (Survival).

If the deceased had lawsuits still in motion at the time of death, the lawsuits are still alive. Any award or compensation earned through the lawsuits would go to the heirs, legal representatives, and estate of the deceased. The cases will continue as if the deceased were still alive.

Legal Commentary

When unexpected deaths like that mentioned above occur, it is important that the victim’s family members meet with an attorney to weigh their options, and establish an effective plan of action for filing a wrongful death claim. Filing a wrongful death claim against the responsible party will protect the surviving family members from being burdened with expensive, unexpected medical bills, and final expenses. Using an attorney to negotiate with the insurance companies and handle all of the legal aspects of the accident gives the grieving family members more time to do just that - grieve, spend time together, and work towards finding closure after experiencing such a tragic loss. Losing a loved one is never easy to endure, but being distressed over medical and final expenses are burdens that an experienced wrongful death attorney can help mitigate for the victim’s family. If you have been directly affected by an incident that caused the wrongful death of a loved one like the story mentioned above, the successful wrongful death and personal injury attorneys at the Fears | Nachawati Law Firm can give you the legal guidance and representation needed to successfully pursue a wrongful death claim against the party held liable. For a free consultation, email us at mn@fnlawfirm.com or call our office at 1.866.705.7584.

Elderly Lady Dies in Lubbock Accident

Helen Boone, 84, died this week in a two-car accident in Lubbock, Texas. An initial investigation completed today revealed that Boone drove her Lincoln sedan onto a busy street without realizing that a GMC pickup truck had the right of way – or that the driver did not expect Ms. Boone to violate his right of way and pull into his lane. By the time Ms. Boone was too far into Indiana Avenue’s oncoming traffic, the driver of the GMC was committed to going through his green light. The accident was catastrophic, and Ms. Boone died at a Lubbock-area hospital soon after the wreck.

 

As an attorney specializing in automobile accidents, personal injury, and wrongful death, I watch with concern at the growing number of elderly drivers who are involved in serious – and often fatal – accidents. Like very young drivers, older drivers tend to be responsible for a disproportionate share of accidents across Texas. Older drivers don’t intend to create a dangerous situation, but their decision to drive is often reckless, endangering the property and lives of other motorists.

 

Legal Commentary – Majed Nachawati – Author

If you’ve been involved in an accident with an elderly driver, you need someone who understands the nuances of dealing with an older tortfeasor. Legal actions such as discovery and taking depositions require a particular set of skills when the perpetrator of an accident is a senior citizen. Fortunately, the expertise and experience of our attorneys can help you sort through these particular legal challenges.

 

About the Author

Attorney Majed Nachawati, who grew up in the D/FW metroplex, provides experienced, vigorous counsel to victims like you. That’s why Mr. Nachawati has been recognized as a Super Lawyer and Top Lawyer in Wrongful Death and Serious Personal Injury Cases across the nation. He has recovered millions for his clients and is a member of the Texas Trial Lawyers Association, the Million Dollar Advocates Forum and the American Association of Justice. To discuss your case with Mr. Nachawati, contact him by email at mn@fnlawfirm.com or by phone at 1.866.705.7584. His legal background is featured at:

 

http://www.superlawyers.com/texas/lawyer/Majed-Nachawati/78072729-2862-44a2-bde9-aafdeed8dba0.html

Double Accident Victim Dies in Tragic Accident

Last night, a Houston driver lost control of his GMC pickup while travelling at highway speeds, slamming into the highway’s retaining wall. The truck spun, coming to a rest in the middle of the highway. Stunned, the driver got out of his car and walked around the vehicle to inspect the damage. Moments later, the driver of a Toyota Avalon approached the truck at high speed. Although he tried to dodge the stalled, damaged truck, the Avalon driver clipped the truck, propelling it into the truck driver, killing him.

 

Fears | Nachawati protects accident victims and their families. If you’ve lost a loved one to a fatal automobile accident, you should know about your rights under the Texas wrongful death statute. As a bereaved relative, you have rights under the law. Talk to our accident experts today to find out what your next steps should be. For your free consultation, call us at 1.866.705.7584 or email mn@fnlawfirm.com. We can help!

METROLift Clients Die in Tragic Accident, Family Seeks Attorney's Help

On Friday, two women suffering from kidney-related diseases were the victims of a tragic automobile accident on their way home from dialysis. The women, who were required to attend dialysis several times a week, had contracted with a medical taxi service known as METROLift to carry them to and from the hospital. In the wake of their loss, one of the victim’s family has already consulted with an attorney to determine their legal options, including filing a wrongful death lawsuit.

Fears | Nachawati knows the pain of a death in the family as well as the benefits and pitfalls of a wrongful death suit. If you’ve lost a loved to a negligent firm like METROLift, talk to us! We’re ready to help you through this difficult time. Call us at 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help!

Austin Man Killed in Occupational Hazard

An Austin repairman was killed while working on a pistachio auger earlier this month. Tragically, while the 30-year-old was making repairs, someone in the pistachio plant turned on the equipment used to shred pistachios seeds from their shell and grind pistachios. Unable to escape from the underground apparatus, the repairman was killed.

 

Occupational fatalities are all-too-common and always unfortunate. Thankfully, Texas lawmakers have created a legal mechanism – a wrongful death lawsuit – that allows survivors to find justice for themselves and their loved one. If you’ve lost a loved one in an occupational accident, talk to the personal injury experts at Fears | Nachawati. Call at 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us help you!

Victim's Children File Suit Against San Antonio Bar

Lisa Harter, 26, died in January when her intoxicated companion and driver, Marcos Serda, flipped the car. In the wake of their mother’s tragic death, Ms. Harter’s children have filed a wrongful death suit against Mr. Serda and the San Antonio bar, the Flying Saucer, which served Mr. Serda drinks. According to the family’s legal representative, on the night of the accident the Flying Saucer was encouraging participation in the bar’s “U.F.O. Club,” a promotion that asked customers to drink every beer served in the bar.

 

Ms. Harter’s bereaved family has taken a sensible approach: sue the bar. (Of note, in the law bars and taverns are often known as “dram shops.”) If you or a loved one has been in an accident with a drunk driver, you may have a cause of action against the dram shop where they were drinking. The bar may share in responsible for the damages you incurred and injuries you sustained. To find out more about the laws governing alcohol-induced accidents, talk to the personal injury experts at Fears | Nachawati. For a free consultation, call 1.866.705.7584 or send an email to info@fnlawfirm.com. We can help you!

High School Basketball Player Dies after Game

Robert Garza, a junior at Roma High School in South Texas, collapsed during a club team basketball game, moments after drinking water and celebrating with a team member. The 16-year-old was taken to Brackenridge Hospital where he was pronounced dead less than an hour after his unexpected collapse.
 

The unexpected, untimely and tragic death of Robert Garza marks yet another death in amateur sports. In recent years, football and basketball players have died during practices and games with concerning frequency. Some experts worry that overly strenuous workouts and seasons could be part of the cause.

 

If your son or daughter is injured or dies as a result of their participation in club or school athletics, call the wrongful death experts at Fears | Nachawati. In this difficult time in your life, you need expert counselors who can give you the legal guidance you need. Call at 1.866.705.7584 or send an email to info@fnlawfirm.com. Let us help you!
 

Family Files Wrongful Death Suit Against Beaumont, Texas Doctor

 Close may count in horseshoes and hand grenades, but it certainly doesn’t count in medical diagnoses. Dr. Ede, the attending physician to the late Judy Gregory, is learning this lesson the hard way.

 

Despite abnormal EKG readings, Dr. Ede discharged Ms. Gregory from the hospital after a mere cursory diagnosis of arthritis and acute bronchitis, among other minor injuries. Tragically, within nine hours Ms. Gregory died of a fatal dissecting thoracic aneurysm. According to Ms. Gregory’s wrongful death lawsuit, Dr. Ede negligently failed to admit Ms. Gregory for continuous cardiac monitoring and proper diagnosis.

 

By definition, wrongful death lawsuits are the product of tragedy and loss. Fortunately, however, lawyers have the ability of fighting the injustices perpetrated against a decedent, just like Ms. Gregory. If your loved one suffered an untimely and unnecessary demise you should speak with the wrongful death lawyers at Fears | Nachawati. We can help you find justice. Call 1.866.705.7584 or send an email to info@fnlawfirm.com

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Texas Attorney Serves Notice on University of Mississippi in Wrongful Death Suit

On February 19, 2010, Bennie Abram, a walk-on football player at Ole Miss, died unexpectedly during conditioning drills. Although UM athletic director Pete Boone claims that “the well-being of our student-athletes has and always will be our highest priority,” Mr. Abram’s attorney argues that Abram’s workout at Ole Miss was “recklessly intense” and in violation of NCAA guidelines. Tragically, the deaths of student-athletes—and, in particular, student football players—has become an all-too-common phenomenon. Routinely, football coaches and teams overwork their players.

 

If your son plays football, he is at increased risk of a wide range of health issues. Should something happen, you need someone on your side who can help you sort through the medical and legal implications. For the best in student-athlete injury law, contact the experts at Fears | Nachawati. We’re capable of litigating in far-flung jurisdictions—wherever your child attends school. For your free consultation, give us a call at 1.866.705.7584 or send an email to info@fnlawfirm.com. We’re can help!

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Granbury man dies in tractor-trailer crash

A Granbury man was killed in a wreck with a tractor-trailer rig.  The accident occurred six miles west of Burleson on County Road 920 near the intersection of County Road 1015.  The victim was driving a 1997 Chevrolet pickup, and the commercial truck was a 1995 Peterbilt 18-wheeler.  The victim was pronounced dead at the scene.  Authorities continue to investigate the cause of this tragedy.

Fears | Nachawati represents victims and families of victims who have been hurt in tractor-trailer, commercial truck and 18-wheeler accidents.  If you or someone in your family has been involved in such an accident, call us at 1.866.705.7584. 

Azle man dies when SUV strikes tree

An Azle man died after the vehicle he was driving struck a tree approximately six miles southwest of Azle.  Authorities say that the victim, Stanley Pestana, was traveling eastwards on FM 1886 when his SUV veered off the roadway and ran into a tree.  He died at the scene.  Investigations are continuing to determine why the vehicle veered off of the roadway.

Fears | Nachawati represents Texans hurt in auto accidents.  If you've been injured in an accident, or if a loved one of yours has been killed, call us for a consultation today at 1.866.705.7584. 

Grand Prairie man killed on I-20 frontage road

An elderly Grand Prairie man was killed on the westbound I-20 service road Thursday night.  Authorities say that the man was attempting to cross the frontage road in order to return to his vehicle, which was disabled in the breakdown lane of the highway.  He was hit by a pickup truck.  The victim was taken to Medical Center of Arlington where he died from his injuries.

If you or someone in your family has been hurt or killed by a car, truck or commercial vehicle, the attorneys and legal professionals of Fears | Nachawati are here to help you get the compensation you deserve.  Call us today for a consultation at 1.866.705.7584. 

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Teenager killed in North Richland Hills wreck

A teenager was killed in a recent North Richland Hills wreck.  Authorities say that the victim was stopped at a light when a car crashed into him, pushing his car into traffic.  He was then hit by an oncoming 18-wheeler.  Three other vehicles were involved in the wreck, which sent two others to the hospital and injured five more.  Investigations continue into the cause of this tragedy.

Fears | Nachawati represents people who have been hurt in car wrecks in Texas.  If you or someone in your family has been hurt or killed, call us for a consultation today at 1.866.705.7584. 

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Two killed in wreck on I-20 in Arlington

Two people were killed in a wreck Monday on I-20 in Arlington.  Authorities say that a Toyota was traveling eastbound on the highway near the New York Avenue exit when the driver changed lanes and struck another car.  As a result of the collision, the Toyota began to spin and veered into the path of an 18-wheeler.  The tractor-trailer struck the car.  The Toyota driver and passenger were pronounced dead at the scene.

Fears | Nachawati represents the victims of truck, car and motorcycle accidents in Texas.  If you've been injured in an accident involving an 18-wheeler, tractor-trailer or other commercial vehicle, call us for a consultation today at 1.866.705.7584. 

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Woman dies in wreck with flatbed trailer

A woman was killed in a recent accident with a flatbed trailer in Grapevine.  The woman was driving a 2000 Dodge Dakota westbound on Texas 114 when she apparently lost control of her vehicle while attempting to exit to northbound Texas 121.  The woman's vehicle left the roadway and crashed into a 52-foot flatbed trailer, which was carrying construction equipment for crews working on the DFW Connector Project.  The woman was pronounced dead at the scene.

If you or someone in your family has been involved in a tragic car accident, Fears | Nachawati can help you get justice.  Call us today at 1.866.705.7584. 

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Man killed in Fort Worth wreck

A man was killed in a firey crash in Fort Worth early Sunday morning.  The incident occurred when the victim struck a pole with his 1996 Dodge van on East Loop 820 near Lancaster Avenue.  Witnesses reported that a man was trapped inside a burning vehicle.  By the time authorities arrives, the vehicle was totally engulfed with flames.  Once the fire was put out, the body of a man was discovered next to a guard rail.  The victim was pronounced dead at the scene.

If you or someone in your family has been hurt or killed in a car accident, call Fears | Nachawati today for a free consultation.  1.866.705.7584. 

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Wreck on 121 in Lewisville injured three

Three people were injured in a wreck on Business 121 in Lewisville near the intersection of I-35E.  Authorities say that a car was traveling at high speed when it failed to stop at a light, and slammed into the SUV in front of it.  The driver and passenger of the SUV were both hurt in the incident, as was a child that was riding in the car.  All three injured persons were taken to area hospitals for treatment.  Authorities are continuing to investigate the cause of this crash.

If you or someone in your family has been hurt in a car wreck, Fears | Nachawati can help you get the compensation you deserve.  Call us for a consultation today at 1.866.705.7584. 

Fears & Nachawati Personal Injury Law Offices

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One killed and two others injured in south Fort Worth wreck

One person was killed and two others were critically injured in a south Fort Worth wreck.  The accident occurred in the 2200 block of 8th Avenue.  One person was declared dead at the scene, while the other two victims were rushed to an area hospital for treatment.  Authorities are continuing to investigate whether fprescription drugs, faulty equipment or another cause may have contributed to this tragedy.

Fears | Nachawati represents the victims and survivors of tragic auto accidents.  We scratch beneath the surface to find out who might be at fault for an accident, whether it be an equipment manufacturer or drug manufacturer.  If you or someone close to you has been affected by a wreck, call us for a consultation today at 1.866.705.7584. 

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Prescription drug side effects causing more accidents than ever

Recent studies have concluded that, while traffic safety continues to improve overall, prescription drugs are rising as a cause of serious and fatal incidents on our roadways.  Commonly prescribed drugs can cause side effects such as blurred vision, dizziness, headaches or memory lapses.  When a person takes multiple drugs, interactions effects between the prescriptions can cause these and other problems.  Side effect and interaction effects can catch drivers by surprise, and individuals may not be aware that their driving is impaired until it is too late and a tragedy has occurred. 

Fears | Nachawati represents individuals who have been injured in accidents where prescription drug side effects and interaction effects may have played a role.  If you're been hurt, call us for a consultation today at 1.866.705.7584. 

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Toddler dies in three-car wreck on I-20 in Grand Prairie

A one year old toddler boy was fatally injured in a recent wreck on I-20 in Grand Prairie.  The victim was a passenger in a Chevy Blazer, which became the middle car in a three-car pileup when it was struck from behind by a GMC pickup.  The Blazer was then pushed into the car in front of it.  The child was taken to Children's Medical Center Dallas Hospital where he later died from his injuries. 

If someone in your family has been killed or hurt in an accident on the roads of the Metroplex, Fears | Nachawati is here to help protect your legal rights during this difficult time.  Call us for a consultation today at 1.866.705.7584. 

Two killed in tractor-trailer wreck

Two people were killed in a wreck in rural Johnson County involving a tractor-trailer rig.  Authorities report that a pickup truck struck the back of a Peterbilt tractor-trailer at the intersection of county roads 904 and 1017.  The pickup truck wound up under the big rig and the top of the truck was sheared off.  The pickup truck driver and passenger were pronounced dead at the scene. 

Fears | Nachawati represents the victims and survivors of tractor-trailer and other commercial vehicle crashes.  If you or someone in your family has been injured or killed, call us for a consultation today at 1.866.705.7584. 

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Mother and infant killed in Dallas wreck

A mother and her two year old daughter were killed in a wreck in the Red Bird area on Saturday.  The accident occurred in the 2700 block of W. Ledbetter.  The mother was driving a Chevrolet westbound when the car was struck by a Mercedes traveling at a high rate of speed.  The mother and her child died at the scene.  The driver of the Mercedes is accused of having been drinking, and has been charged with two counts of intoxication manslaughter and with public intoxication.

If you or someone in your family has been hurt or killed in a tragedy on the roads of Texas, the attorneys of Fears | Nachawati can help protect your legal rights during this difficult time.  Call us for a consultation today at 1.866.705.7584. 

Motorcyclist killed in far north Dallas hit and run

A motorcyclist was killed in a recent far north Dallas hit and run accident.  Investigators say that the motorcyclist, Bennie Dee Barr, was killed near the intersection of Preston Road and Frankford Road.  The victim was traveling north when a slow-moving car cut in front of him suddenly.  Barr tried to stop, and skidded for 20 feet before striking the right front side of the car.  Barr was thrown over the hood of the car and landed 40 feet away.  Barr was taken to Parkland Hospital where he later died from severe head trauma.  The car's driver abandoned the vehicle and fled on foot.  Police are continuing to search for the car's driver.

Fears | Nachawati represents individuals who have been hurt, and family members of those who have been tragically killed, in motorcycle, car, truck and other accidents.  If you could benefit from our services, please do not hesitate to call us at 1.866.705.7584.  We'd be happy to speak with you at your convenience. 

Man dies after being struck by car

A man has died as a result of injuries he sustained in a pedestrian-motor vehicle accident.  Authorities report that the man, Alen Karenzo, died at John Peter Smith Hospital in Fort Worth the day after he was struck by a car in the 2200 block of East Berry Street in south Fort Worth.  The tragedy has been ruled an accident, and no charges are expected to be filed against the driver.  No other persons were injured in this incident.

If you've been injured by a car, the attorneys of Fears | Nachawati can help protect your rights.  Even if a driver isn't criminally liable for injuring you, they still face civil liability for your injuries, time off work, and other damages.  Call us today at 1.866.705.7584 for a consultation. 

Grandview man dies after Cleburne rollover accident

A Grandview man died of injuries he sustained in a rollover crash near Cleburne that occurred Sunday.  Authorities say that the accident occurred near the intersection of FM 1434 and County Road 1224.  The victim, Michael Rollins, was traveling eastbound on FM 1434 in a pickup truck when it left the right side of the roadway surface.  Rollins apparently over-corrected and the vehicle rolled over.  Rollins was ejected from the vehicle.  He was taken to Texas Health Harris Methodist Hospital in Fort Worth, where he later died from his injuries.

If you've been injured in a wreck, the attorneys of Fears | Nachawati are here to help you get justice.  Call us for a consultation today at 1.866.705.7584. 

Man killed in wrong-way wreck in Hurst

A van driven the wrong way on Airport Freeway in Hurst collided with a Kia Spectra recently, killing the Kia driver.  Authorities believe that the van's driver, Eric Supe, of Crowley, may have been intoxicated when the accident occurred.  The victim, Ricardo Magallon of Carrollton, died at a local hospital shortly after the wreck. 

Fears | Nachawati represents the victims and the families of victims of wrecks on the roads of Texas.  If you or someone you love has been in an accident, call us today for a consultation at 1.866.705.7584. 

Arlington motorcyclist killed in Grand Prairie

An Arlington man was killed in a motorcycle accident in Grand Prairie this weekend.  The man, Jerry Glenn Riddle, was riding his Harley-Davidson northbound on Lake Ridge Parkway when he lost control and fell from his bike.  Authorities say that his head struck a guardrail in the fall.  Riddle was not wearing a helmet, and was pronounced dead at the scene.  Authorities continue to investigate as to whether any other vehicles were involved.

If you have been hurt in a motorcycle accident, the attorneys and legal professionals of Fears | Nachawati are here to help preserve and protect your rights.  Call us today at 1.866.705.7584. 

$62.7 million dollar settlement in 18-wheeler crash that killed four Texans

A $62.7 million dollar settlement has been reached in an 18-wheeler crash on the Oklahoma turnpike that killed ten people, including four Texans.  The accident occurred when a tractor trailer operated by Associated Wholesale Grocers Inc. slammed into a line of stopped cars.  Victims and survivors of the crash sued the company for failure to properly train and supervise its driver.  They hope that this large settlement will work a wake-up call for the trucking industry and prevent similar tragedies in the future.

If you or someone you love has been affected by a tractor trailer crash, the attorneys and legal professionals of Fears | Nachawati are here to help protect and preserve your rights.  Call us today at 1.866.705.7584. 

Prominent Texas burn surgeon killed in motorcycle crash

Dr. Gary Purdue, chief of the burn section at UT Southwestern Medical School in Dallas and co-director of the Parkland Memorial Hospital burn unit, was killed this weekend in a motorcycle crash at the age of 65.  Authorities say that Dr. Purdue was riding his motorcycle in north Dallas when a car struck and killed him.  Authorities are continuing to investigate the crash, and are trying to determine whether the car's driver was under the influence.

Fears | Nachawati represents the victims and families affected by tragic car, motorcycle and truck accidents.  If you or someone you love has been in an accident, call us for a consultation at 1.866.705.7584. 

Wreck kills one, injures one

A car wreck in Fort Worth Sunday injured one and killed another.  Daniel Heinrich, 18, was pronounced dead at the scene of the crash in the 2200 block of Jacksboro Highway.  Debra Barber, 59, was taken to a local hospital with serious injuries.  One man, Manuel Valles, is being held in the Mansfield Jail, and is facing intoxication manslaughter charges for his role in this deadly crash.  Authorities are continuing to investigate this fatal crash.

The attorneys and legal professionals of Fears | Nachawati are here to help the victims of crashes on our roads.  Call us for a free consultation today at 1.866.705.7584. 

Kennendale woman killed in Fort Worth wreck

A Kennendale woman was killed in a wreck on East Loop 820 in Fort Worth.  The woman was identified as Jerilyn Moore.  She was traveling southbound on the highway when her pickup truck struck a guardrail and went over.  The truck landed in a grassy area below the pavement.  Ms. Moore was ejected from the vehicle.  She was pronounced dead shortly after the wreck. 

Fears | Nachawati represents the victims and surviving family members of those who are killed on the roads of the Dallas-Fort Worth Metroplex.  If you have suffered a tragedy, we may be able to help you get justice.  Call us today at 1.866.705.7585.  

Motorcyclist killed in wreck on North Central Expressway

A motorcyclist was killed early Sunday morning in a wreck on North Central Expressway.  The accident occurred near the Walnut Hill Lane exit.  A witness says that the rider was traveling at a high rate of speed when the motorcycle struck a car from the rear.  The motorcyclist went through the back window of the car and into the car's passenger compartment.  The motorcyclist did not survive this accident.

Fears | Nachawati represents the victims and surviving family members of those injured or killed on the roads of the DFW Metroplex and all of Texas.  If you or a loved one have been involved in an accident, call us today at 1.866.705.7585.  

Frisco man dies from injuries sustained in crash near Terrell

A Frisco man has died from injuries he sustained several weeks ago in a firey crash on I-20 near Terrell.  The man, Wyndell Greene Sr., was badly burned in the accident.  The wreck claimed the lives of Greene's wife and their two children.  The wreck was caused by an 18-wheeler that struck the Greene's vehicle from behind, causing it to become wedged up against another tractor-trailer before it burst into flames. 

Tractor-trailer and commercial truck accidents are serious and often deadly occurrences.  If you or someone you love has been involved in a wreck with an 18-wheeler or another truck, the attorneys of Fears | Nachawati can help you sort through your legal rights during this difficult time.  Call us for a consultation at 1.866.705.7584.

Driver killed in North Richland Hills wreck

One man was killed in a wreck in North Richland Hills.  Authorities say that the man, Juan Rosales, crashed on Loop 820 early in the morning.  The wreck involved only the car that Rosales was driving.  No other person was injured in the crash.  Authorities continue to investigate the cause of this fatal accident.

Fears | Nachawati represents the victims of wrecks and crashes on area highways and byways.  If you have been injured, or if a loved one has been killed, call us today to find out how we can help you.  1.866.705.7584. 

Two killed when pickup crashed into bus stop

Two men were killed when a pickup truck crashed into the bus stop in the 5300 block of Harry Hines Boulevard.  The driver, Julian Cadena Cerda, may have been drunk when the wreck occurred, and is being held in a Dallas County jail with intoxication manslaughter charges pending.  Cerda appears to have hit a tree before he crashed into the bus stop.  The victims, who may have been homeless men who were sleeping in the bus stop, were pronounced dead at the scene. 

If you or a loved one has been injured by a driver in Texas, the attorneys of Fears | Nachawati can help you.  Call us for a consultation today at 1.866.705.7584. 

Dallas area family in Hillsboro crash, one killed, 12 injured

A six month old child was killed and 12 other family members were injured in a crash in the Hill Country region of Texas.  The family hails from the Dallas area and was traveling to Mexico on vacation.  Authorities report that a tire blew out on the van the family was riding in, causing the van to roll over several times in I-35E about six miles north of Hillsboro.  The infant, who was not riding in a child safety seat, was killed instantly.  The victims were taken to several area hospitals for treatment.

If you or someone in your family has been injured in a car crash, the attorneys and legal professionals of Fears | Nachawati are here to help you through this difficult time.  Call us today at 1.866.705.7584 to find out how we can help you seek justice. 

Motorcycle crash kills one

A motorcyclist was killed early Sunday morning after he lost control of his bike, hit the back of a vehicle and was run over by a second vehicle.  The accident occurred in the 6000 block of East Loop 820 in Fort Worth.  The motorcyclist apparently lost control, drifted into the right shoulder lane, and steered back into the roadway, striking the back of a vehicle.  Witnesses report that the rider was thrown from his bike and his by a second vehicle.  The motorcyclist died at the scene.  Neither vehicle stopped.

If you have been injured in a motorcycle wreck, the attorneys of Fears | Nachawati can help you sort through your legal rights and get justice.  Call us today at 1.866.705.7584. 

One killed, five injured in Grand Prairie crash

One person was killed and five others were injured in a head-on crash in Grand Prairie.  Authorities say that a man was driving his car in the wrong direction on I-30 early Sunday morning when he hit a pickup truck.  A second car traveling behind the pickup truck was also involved in the crash.  The driver of the first car was ejected from his car and died at the scene.  The driver and passengers of the pickup truck and second car were injured. 

Fears | Nachawati protects the legal rights of the survivors and victims of Texas car and truck crashes.  If we could help you in such a situation, please call us today at 1.866.705.7584. 

Man dies in rollover wreck on I-35

A man was killed early this morning in a rollover accident on I-35 in north Fort Worth.  The man, Fernando Torrez, was heading southbound on the highway and driving a 2003 Toyota truck.  Witnesses report that the truck made an abrupt move and began to violently roll over.  Torrez was ejected from the truck, landing in the path of a tractor-trailer.  The tractor-trailer attempted to swerve, but was unable to avoid hitting the body.  Torrez was pronounced dead at the scene.

If you have been injured, or if you have lost a loved one to a wreck, the attorneys and legal professionals of Fears | Nachawati are here to help protect your rights and the rights of your family during this difficult time.  Call us today at 1.866.705.7584 to find out more about how we can help you.

Man died at John Peter Smith hospital pharmacy

A man died earlier this week in the pharmacy of John Peter Smith hospital in Fort Worth.  Witnesses report that the man was discovered slumped over in a chair.  Help was called, but medical personnel did not arrive for at least ten minutes.  When help did arrive, a non-functional defibrillator was first used on the victim but apparently it was not charged up.  Emergency responders then tried to use a second defibrillator, which also did not work.  Medical workers then tried CPR and took the man away from the pharmacy for further treatment.  Their attempts to revive the man were unsuccessful.

If you or a loved one has been injured or hurt on someone else's property, you may have legal rights.  Call Fears | Nachawati today to discuss your potential case.  1.866.705.7584. 

One killed in wreck with police car

A man was killed when his disabled Jeep Cherokee was struck from behind by a police car early Thursday morning in Dallas.  Authorities say that the victim, 59 year old Terry Glover, was driving his Jeep when it broke down in the center lane of Polk near Camp Wisdom Road.  The police car was traveling on Polk and the officers apparently did not see the disabled Jeep.  They struck the car from the rear, pushing it through a metal fence and into the front yard of a home.  Glover was taken to an area hospital for treatment, but died later that day.

If you have been injured in an auto accident, the attorneys of Fears | Nachawati can help you sort through the red tape to get the justice you deserve.  Call us at 1.866.705.7584 to find out how we can help you. 

Pedestrian killed in incident with car in Fort Worth

A pedestrian was killed today in a wreck involving a car near the intersection of I-35W and Seminary Drive in Fort Worth.  The victim, Salvador Ramirez, 21, of Fort Worth, was pronounced dead at the scene.  His cause of death was determined to be "blunt force trauma due to motor vehicle-pedestrian collision."  Authorities are continuing to investigate the cause of this tragic accident.

Fears | Nachawati represents the victims of all accidents, whether they be drivers, motorcyclists, bicyclists or pedestrians.  Call us today at 1.866.705.7584 to find out how we can help you.

5 die in head-on crash

Five people were killed in a recent head-on collision near Vernon, Texas.  Four members of one family were riding in a Hummer H-3 when their vehicle was hit by another SUV.  The family was in Texas to participate in a baseball tournament, and was returning home to Colorado when the accident occurred.  Authorities are continuing to investigate the accident, and suspect that alcohol may have been involved.

If you have been involved in an auto accident, or if a loved one of yours has been injured or killed, the attorneys and legal professionals at Fears | Nachawati are here to help you in your time of pain and grief.  Call us for a free consultation at 1.866.705.7584 to find out how we can help you. 

McKinney man dies in Frisco rollover crash

A 33-year old McKinney man died in a car crash on U.S. Highway 380.  Authorities say that the man's car went off the road and flipped several times before coming to rest behind a house.  It is believed that the man was traveling westbound when he traveled over the median and through opposite lanes of traffic before leaving the road surface.  The man was wearing a seat belt.  He died from injuries sustained in the crash at Centennial Medical Center in Frisco.

If you have been injured in a car accident, the attorneys of Fears | Nachawati can help you.  Call us today at 1.866.705.7584 for a free consultation.

Record setting settlement in Taser death case

The City of Fort Worth has offered the family of a man killed by police a record-setting settlement of $2 million.  The victim was killed by a Taser during a confrontation with police last year. 

Assistant City Attorney Gerald Pruitt says that this is the largest settlement Fort Worth has ever offered in any case involving death or injury. 

The victim, Michael Patrick Jacobs, Jr., died after he was shocked with a Taser for a total of 54 seconds.  Mr. Jacobs had a history of mental illness, and the police became involved after his family called for help because he was off of his medication and behaving aggressively.  Mr. Jacobs was shocked twice, first for 49 seconds and then for an additional 5 seconds.  The Tarrant County medical examiner's office declared that the victim's death was a homicide, but a grand jury declined to indict the officers who were involved in the killing. 

Listeriosis kills two Texans, sicken five other

Two Texans have been killed, and five others sickened, after developing listeriosis as a result of consuming the food-borne bacteria Listeria monocytogenes.  Five of the victims are from Bexar County, while the other two are from Travis and Hidalgo counties. 

Investigators have reported that the same strain of the bacteria sickened all of the affected individuals.  They are still working to pinpoint a cause.  In the meantime, the U.S. Department of Agriculture has issued a public health warning for prosciutto imported from Canada and sold under the brands Casa Italia and Emma. 

Listeriosis is a bacterial infection.  Outbreaks are sometimes linked to foods such as soft cheeses and deli meats.  Listeriosis causes flu-like symptoms in healthy people.  In persons who are elderly, pregnant, or have weakened immune systems, however, the fatality rate from this infection can reach 20 percent.  The Center for Disease Control estimates that there 2500 persons become seriously ill from listeriosis in the country each year, and that 500 die from the infection. 

Are punitive damages available in Texas wrongful death lawsuits?

Texas is one of the few states that allows punitive damages to be awarded in successful wrongful death lawsuits.

Punitive damages are awarded to a plaintiff as a way of punishing the defendant. They are separate and distinct from compensatory damages which are awarded to compensate the plaintiff for the financial losses they have suffered as a result of the defendant’s conduct.

Note that punitive damages are not available in all Texas wrongful death lawsuits. Punitive damages can only be awarded in cases where the defendant’s behavior was reckless, malicious or intentional.

Even in cases where this criteria is met, however, punitive damages are not automatic. Rather, they are awarded at the discretion of the jury.

If you have lost a loved one in an accident, contact the Texas wrongful death lawyers of Fears | Nachawati today. To receive free legal assistance, simply email us or phone us toll free at 1.866.705.7584.

Texas wrongful death lawsuit filed over fatal semi-trailer accident

A Texas wrongful death lawsuit has been filed by a woman who lost two family members in a car accident with a semi-truck over the 4th of July weekend.

The accident took place on I-35, just south of Gainesville, when the semi-truck crashed into the Ford Explorer as it entered a construction zone. The car had slowed down for the construction zone when it was struck from behind by the semi.

The woman bringing the wrongful death lawsuit is Melissa Hinkle. She is suing five parties, including the driver of the truck, the company for which the driver worked, the company that had the contract to perform the construction work on the interstate bridge and the Texas Department of Transportation.

The driver of the truck was Randy Crume. According to a Texas state trooper, Crume was driving too fast as he entered the construction area, causing him to crash into Hinkle’s SUV as well as several other vehicles.

The lawsuit alleges that the construction company, KKM Construction Inc., caused a traffic jam which was backing up interstate traffic for miles at the time of the accident.

The fatal accident resulted in the death of 13-year-old Casey Hinkle and his 63-year-old grandfather, Gervious Dale Hinkle. Melissa Hinkle spent 5 days in ICU as a result of the injuries she suffered in the car accident.

A similar tragedy occurred on August 3rd when another semi-trailer crashed into vehicles that were stuck in a traffic jam caused by the same contractor named in Hinkle’s suit. The accident resulted in the death of three people: Anthony Brandon, 48; Kimberly Brandon, 47; and Darryl Hoosier, 55. Two others were injured in that same accident.

As of Friday August 7th, the construction on the bridge has still not been completed. The company is being fined $400 a day until the work is completed.

To read more about Hinkle’s Texas wrongful death lawsuit, click here for the complete story.

If you have lost a loved one in a car accident, get in touch with the Texas personal injury lawyers of Fears | Nachawati today. We provide free legal advice about wrongful death lawsuits. Simply email us at info@fnlawfirm.com or call our toll-free helpline at 1.866.705.7584.

 

Personal Injury Mediation - What should I expect?

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.

Wrongful Death Lawsuits Examined

A wrongful death claim in Texas arises from the death of a person, as a result of, in whole or in part, of another person or entity's actions. Chapter 71 of the Texas Civil Practice & Remedies Code contains the exclusive remedy under Texas law for filing a wrongful death lawsuit. The act is intended to compensate a certain class of people for losses stemming from a loved one’s death. This class of people includes a husband, wife, child, family member, or someone else who otherwise qualifies as an heir or beneficiary under the decedent’s will. Persons in this class may be compensated for the loss of support or companionship of a loved one. A wrongful death suit is usually filed by a family member, beneficiary, executor or administrator of the decedent’s estate. Wrongful death claims can be very complex, as it is common for a claim to include multiple defendants. Oftentimes, many defendants are named in a wrongful death lawsuit. Some defendants settle prior to trial, while others defend the case from filing through trial. The amount of recovery usually depends upon the law of the state in which the claim is filed.  It is important to contact a Texas attorney or attorney licensed in your state in order to protect your legal rights.