This summer, tens of thousands of Texas kids will go swimming. Tragically, more than a hundred may drown before Labor Day. According to the Texas Department of Family and Protective Services, accidental drowning is a leading cause of death for children 5 years old and younger. In fact, in 2011 twenty-seven Texas children died before the summer season even began!


Fears | Nachawati understands the injury risks that your children face and is prepared to help you determine who may be responsible in the event that a member of your family is injured. For a free consultation, call us at 1.866.705.7584 or send an email to

A Texas man has filed a personal injury lawsuit against a fitness center, alleging the fitness center’s negligence caused his pool accident.


In August of 2008, Steven Rank was swimming in a pool located at Life Time Fitness Inc. in Allen, Texas. Rank planned to use the pool’s water slide but hit his head on a bar above the slide’s entrance. The structure in question is an unpadded metal crossbar.


Rank’s Texas personal injury lawsuit accuses Life Time Fitness of negligence, claiming that the business failed “to maintain the premises in question in a reasonably safe condition and free of hazards to the plaintiff and other invites entering the premises.”


In addition to failure to maintain and inspect the premises, the personal injury lawsuit also accuses Life Time of negligence in failing to properly train its employees and in failing to implement proper rules, procedures or polices to ensure that the premises was safe.


Damages sought in the personal injury lawsuit include those for physical impairment, medical expenses, pain and suffering and mental anguish.


To read more on this Texas personal injury lawsuit, click here.


If you believe you may have a personal injury lawsuit due to injuries suffered in an accident, contact Fears | Nachawati today. You will receive free legal advice from a Texas personal injury lawyer. Just call us on our toll-free helpline at 1.866.705.7584 or email us at


People often do not know where to turn when it comes to dealing with a serious personal injury case or finding the best or top injury lawyers.  Here are some factors you should consider when it comes to hiring a personal injury lawyer:

Factors important in hiring the Best Personal Injury Lawyer:

1.  Has the lawyer or law firm your are considering hiring ever tried a lawsuit?  If so, when was their last trial and what was the outcome? 

2.  Has the lawyer you are considering hiring ever been disciplined by the State Bar of Texas? (check

3.  Has the lawyer ever completed a judicial clerkship–a prestiguous honor bestowed on only approximately 2% of lawyers in the nation?

4. Does the lawyer you are considering hiring sound well-informed and knowledgeable regarding personal injury law?

5. Has the lawyer ever settled a case or tried a case and obtained a significant recovery?

6.  Does your lawyer have the necessary resources to prosecute your case?

7.  Can you relate to the lawyer and does your intuition tell you that the lawyer is trustworthy?

8.  Where did the lawyer go to law school, and more importantly, what has the lawyer’s practical experience been since law school?  Remember, years of experience does not necessarily mean a more competent lawyer.

This list of factors is non-exclusive.  The author of this article, attorney, Majed Nachawati, is frequently quoted by newspapers, media, and has been recognized as a top lawyer.  Mr. Nachawati is a former judicial law clerk and has settled and tried numerous lawsuits to verdict resulting in large recoveries for his personal injury clients. Questions or comments can be emailed to or by telephone – 1.866.705.7584.

An Arlington, Texas, mother is suing a daycare center after her daughter’s near drowning last year on a daycare field trip.


In 2008, Kyla Shellman, now 7, went on a field trip to an aquatic center with her then daycare Children’s Palace Christian Learning Center. During the field trip, Shellman fell into a 12-foot deep pool where she nearly drowned.


Shellman’s mother, Kendralyn Jessie, says that she noted Shellman’s inability to swim on the field trip permission form. Jessie also adds that she was led to believe the field trip was to a “splash park.”


Child Protective Services says that there was a lack of supervision during the trip. CPS also adds that Shellman was “placed in a situation that could have led to [her] death.”


Jessie is suing for change. She wants to see daycare center violations left online for a longer period of time so that parents can make a more informed choice when selecting care for their children.  Along with Shellman’s accident, Children’s Palace Christian Learning Center has close to 30 violations.

For more on this Arlington, Texas, lawsuit, click here to read the full story.


If you or a loved one has been injured due to the negligence of a third party, contact Fears | Nachawati today. We’re available by email at or by phone at 1.866.705.7584.

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 or by phone – 1.866.705.7584.

In Texas, the amount of time a person has to file their claim or case with the courts varies according to the type of lawsuit or claim that is filed.  While there are limited exceptions to when limitations expires, a lawsuit or claim should be filed well ahead of the expiration of the applicable limitations statute.  The reasoning for filing well in advance is that many complications could arise in computing the time line, and once the limitations date expires, you generally lose your right to sue forever–something you do not want to happen.  General legal information on some Texas statute of limitations is listed below:

– Personal Injury – 2 years from date of injury

– Injury to Property – 2 years from date of injury

– Product Liability – 2 years

– Wrongful Death – 2 years from date of death

– Minors – does not begin to run until minor reaches age 18

Call the lawyers at Fears | Nachawati Law Firm if you have questions about your potential case and the proper calculation or the statute of limitations. 1.866.705-7584 or



Potential clients involved in an accident or injury claim that seek legal help or free advice from my law firm frequently ask this question–If I hire a lawyer and have to pay attorneys’ fees, won’t I end up getting less money in the end?

Nothing is guaranteed–however, I cannot remember a time when I had a client who, at first, was handling a claim on their own or was just about to settle with the insurance when they came to me with many questions and reservations about hiring a lawyer.  They trusted our law firm, and it proved to be worth it in the end.

A couple of questions should come to your mind (1) if you were in need of surgery, would you try to do the surgery yourself ? , (2) do you really have what it takes to take on Big Insurance and an insurance claims adjuster who handles thousands of claims a year?

Remember, the insurance adjuster is not under oath when they are dealing with you and they are frequently trained to do absolutely everything in their power to deny your injury claim or pay you as little as possible.  If you are thinking if it does not work out, I can always hire a lawyer later–think again. Commonly, people come in after trying to handle their injury claim with the "do it yourself" approach by giving the insurance company a statement unfavorable to their claim and missing crucial damages they are entitled to under the law. 

If you have an injury lawyer or law firm who works your claim diligently and aggressively, your decision to hire a lawyer is more often than not worth the time.  While most people are concerned about their property damage, I remind potential clients that vehicles can always be replaced, but you only get one body during your lifetime, if you do not look out for your health, who will?

Abraham Lincoln once said, "A man who represents himself has a fool for a client."  If you have legal questions or need help or need legal advice with your personal injury claim, feel free to email or call me – or 1.866.705-7584.