BASTROP COUNTY, TEXAS – Deborah Sue Jackson and her son, Blake Anthony Jackson, were killed when their vehicle struck a mobile home being transported by a truck. Two other children, Deborah’s 13 year old son and 6 year old nephew, were in the vehicle with Deborah and Blake were treated to Dell Children’s Hospital and later released.

The accident occurred around 5 p.m. on Tuesday, February 9. The mobile home was hanging over in Jackson’s lane on FM 535. This is a two lane road with no shoulders.

The mobile home was being transported by Jorge Segovia-Polladio who is being charged with criminally negligent homicide. The Texas Department of Public Safety stated Segovia-Polladio did not have an approved permit nor was he being escorted by approved vehicles.

 

Motor Vehicle Size Limits and Permits in Texas

This section is in regard to the Texas statute in the Transportation Code, Title 7 (Vehicles and Traffic), Subtitle E (Vehicle Size and Weight).

Manufactured Housing

Within the statute, title, and subtitle above, this section is in regard to Chapter 623 (Permits for Oversize or Overweight Vehicles), Subchapter C (Manufactured and Industrialized Housing).

In reference to this case above, a mobile home being transported falls under the manufactured housing definition. A manufactured housing may be transported on the road, in whole, if it is constructed in a way that in cannot be dismantled or destructed. If this manufactured housing, while being transported, causes the motor vehicle to be outside the legal sizing limits for a motor vehicle, a permit is required to be moved over a roadway. In any instance that Texas has a law regarding the permit for movement of manufactured housing, a county or city may not require anything in addition to that state law.

Size Limitations

Within the statute, title, and subtitle above, this section is in regard to Chapter 621 (General Provisions Relating to Vehicle Size and Weight), Subchapter C (Size Limitations).

A motor vehicle may not be wider than eight and a half feet. However, a passenger vehicle, and its load, may not be wider than eight feet. The passenger vehicle rule does not apply to a motor bus or trolley bus operated exclusively within a city and its suburbs or within a county the city is located. Any load on a passenger vehicle may not extend more than three inches beyond the left side of its fenders or six inches beyond the right side of its fenders.

A motor vehicle, except for a truck-tractor, may not be longer than 45 feet. All motor buses between 35 and 45 feet must have air brakes, three or more axles, and at least four tires on the rear axle to operate on a highway. House trailers, towable recreational vehicles, and motor vehicle combinations may not be longer than 65 feet.

A motor vehicle may not be higher than fourteen feet. Any motor vehicle between thirteen and a half and fourteen feet must be ensured for all vertical clearances in its path by its operator. Any damage due to the height of the motor vehicle is the responsibility or the owner of the motor vehicle.

Within the statute, title, and subtitle above, this section is in regard to Chapter 622 (Special Provisions and Exceptions for Oversize or Overweight Vehicles), Subchapter Y (Miscellaneous Size Exceptions).

Certain width and length exceptions that do not require a permit can be found in this subchapter.

Permits and Other Requirements

 

Within the statute, title, and subtitle above, this section is in regard to Chapter 623 (Permits for Oversize or Overweight Vehicles), Subchapter C (Manufactured and Industrialized Housing).

 

Any vehicle that does not conform to the size limitations above or falls within the exceptions above requires a permit. If the owner of the vehicle does not have a permit allowing the motor vehicle to be used on the roadways, the owner is subject to civil and criminal penalties.

The owner of the manufactured housing must apply for and receive a permit allowing the manufactured housing to be transported on the roadways. The permit must have the combined necessary dimensions (height, width, length) of the manufactured housing and the towing vehicle, the identification number of the manufactured housing, the owner’s name, the origination and destination locations of the manufactured housing, and the route that will be taken for the transportation.

A permit to transport manufactured housing is valid for five days and may be issued for a single trip or recurring annual trip to a temporary location no further than twenty miles from the manufacturing facility. A copy of the permit must be carried in the vehicle transporting the manufactured housing.

If the manufactured housing is wider than twelve feet, either one rotating amber beacon of at least eight inches must be mounted at the rear of the roof of the manufactured housing or two rotating amber beacons of at least eight inches must be mounted on the rear corners of the manufactured housing at least six feet above ground level. The beacons must be in operation at all times on the roadway.

If the manufactured housing width is between sixteen and eighteen feet, one escort flag vehicle must precede the house on a two lane road or follow the house on a road with at least four lanes. If the house is longer than eighteen feet, one escort flag vehicle must precede and one must follow the house. Each escort flag vehicle must have two lights flashing simultaneously or one rotating amber beacon. The lights must be visible from the front and rear. The escort flag vehicle must have one flag on each of the four corners of the vehicle. Each escort flag vehicle must have signs on the front and rear of the vehicle with black letters on a yellow background that says “wide load.” Each letter must be at least eight inches tall.

All transportation of manufactured housing must occur in the daylight. Transportation may not occur on a national holiday.

 

Legal Commentary

 

Victims of motor vehicle accidents should consult with an experienced personal injury attorney to file claims against the parties at fault to help the families pay for costly medical and funeral expenses, as well as compensation for lost wages and pain and suffering. Our firm represents individuals and families who are affected by motor vehicle accidents. Although no monetary amount can compensate for a lost loved one, a successful civil claim against the at-fault driver will enable the victim’s family to cover any medical or final expenses, leaving them more time to focus on the grieving process during this trying time. If you or a loved one has been injured by a motor vehicle accident, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com , or by calling our office at 1-866-705-7584.

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.

Fears | Nachawati Law Firm has been retained by the family of an elderly couple who were killed by a drunk driver earlier this month in a Fort Worth neighborhood. The other driver was arrested at the scene on charges of intoxication manslaughter.  The couple’s family is still seeking answers regarding the crash and has turned to Fears| Nachawati Partner, Majed Nachawati to hold the drunk driver and whoever served the driver accountable.
 
Mr. Nachawati has successfully represented numerous families in connection with serious personal injury and wrongful death cases. Legal inquiries and questions can be directed to our firm by calling 1-866-705-7584 or by visiting the firm’s website –  www.fnlawfirm.com.  
 
Media coverage concerning the crash is featured on WFAA news. 
 

 

Joe Tidwell photo from obituary on Legacy.com

ABILENE, TEXAS – A 51-year-old retired firefighter died in a trucking accident in August, 2015, when an 18-wheeler carrying gravel dumped the load onto I-20 near the Pine Street overpass. The resulting cloud of dust caused numerous accidents, as 14 vehicles collided due to no visibility. Joe Tidwell’s car was rear-ended by a westbound tractor trailer. He sustained severe injuries, and his passenger, 42-year-old Shawna Elieff was transported to Hendrick Medical Center in critical condition.
 
Legal Commentary
The families of trucking accident victims should consult with an experienced personal injury and/or wrongful death attorney to file claims against the parties at fault to help the families pay for costly medical and funeral expenses. Our firm represents individuals and families who are affected by motor vehicle accidents. Although no monetary amount can compensate for a lost loved one, a successful civil claim against the at-fault driver will enable the victim’s family to cover any medical or final expenses, leaving them more time to focus on the grieving process during this trying time. If you or a loved one has been affected by a trucking accident, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com, or by calling our office at +1.888.630.4412.
  
About the Author
Majed Nachawati is a preeminent personal injury lawyer focused on representing victims and families involved in automobile accidents, workplace accidents, wrongful death cases, and products liability claims in Texas statewide. Mr. Nachawati has successfully resolved numerous trucking accident cases and motor vehicle accident cases, resulting in seven and eight figure confidential reward settlements. He serves as a board member for many prominent legal organizations, including: the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum, as a PAC member of the American Association for Justice, The Million Dollar Advocates Forum and the Grievance Committee for the State Bar of Texas. For six consecutive years, Texas Monthly Magazine named Mr. Nachawati as a Super Lawyer. Mr. Nachawati is licensed to practice before the Supreme Court of Texas and Arkansas. He holds additional licenses in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati can be contacted through his website at cases.fnlawfirm.com/auto_injury, by email or by calling +1.888.630.4412.

photo credit WFAA

DALLAS, TEXAS – One person died early Monday morning, October 5, 2015, when a semi carrying a load of lumber crashed and exploded in a fire on the ramp from westbound I-20 to southbound I-35. Traffic was blocked for hours following the accident, although the fire was extinguished before 8am. Southbound I-35E was completely closed, but two left lanes were open on westbound I-20. Northbound I035E was reduced to one lane. Another vehicle was also involved in the crash. Burning wood from the semi fell to the ground below the ramp, spreading the fire.

Legal Commentary
The families of trucking accident victims should consult with an experienced personal injury and/or wrongful death attorney to file claims against the parties at fault to help the families pay for costly medical and funeral expenses. Our firm represents individuals and families who are affected by motor vehicle accidents. Although no monetary amount can compensate for a lost loved one, a successful civil claim against the at-fault driver will enable the victim’s family to cover any medical or final expenses, leaving them more time to focus on the grieving process during this trying time. If you or a loved one has been affected by a trucking accident, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com, or by calling our office at +1.888.630.4412.

About the Author
Majed Nachawati is a preeminent personal injury lawyer focused on representing victims and families involved in automobile accidents, workplace accidents, wrongful death cases, and products liability claims in Texas statewide. Mr. Nachawati has successfully resolved numerous trucking accident cases and motor vehicle accident cases, resulting in seven and eight figure confidential reward settlements. He serves as a board member for many prominent legal organizations, including: the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum, as a PAC member of the American Association for Justice, The Million Dollar Advocates Forum and the Grievance Committee for the State Bar of Texas. For six consecutive years, Texas Monthly Magazine named Mr. Nachawati as a Super Lawyer. Mr. Nachawati is licensed to practice before the Supreme Court of Texas and Arkansas. He holds additional licenses in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati can be contacted through his website at cases.fnlawfirm.com/auto_injury, by email or by calling +1.888.630.4412.

 

 

HARTLEY COUNTY, TEXAS – On Thursday morning, September 10, 2015, around 1:28 a.m., an accident involving a 2015 Freightliner Truck Tractor towing a 2008 Hyundai semi-trailer hit a 2014 Volvo Truck Tractor towing a 2009 Wabash semi-trailer. The resulting crash killed both drivers and a passenger at the scene. The Freightliner crossed over into the southbound lane of US 385 to hit the Volvo head-on. There was a fire with smoke that caused severe visibility issues, closing US 385 for over 12 hours. The three men killed in the wreck were Konnah D. Mannah, 29, of Euless, Texas; Jerome Stephen Hall, 48, from Colorado Springs, CO; and Jesus Salinas, 52 of Refugio, Texas. The accident occurred on US Highway 385 near FM 722 about two miles north of Channing, Texas.
 
Legal Commentary
The families of trucking accident victims should consult with an experienced personal injury and/or wrongful death attorney to file claims against the parties at fault to help the families pay for costly medical and funeral expenses. Our firm represents individuals and families who are affected by motor vehicle accidents. Although no monetary amount can compensate for a lost loved one, a successful civil claim against the at-fault driver will enable the victim’s family to cover any medical or final expenses, leaving them more time to focus on the grieving process during this trying time. If you or a loved one has been affected by a trucking accident, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com, or by calling our office at +1.888.630.4412.
  
About the Author
Majed Nachawati is a preeminent personal injury lawyer focused on representing victims and families involved in automobile accidents, workplace accidents, wrongful death cases, and products liability claims in Texas statewide. Mr. Nachawati has successfully resolved numerous trucking accident cases and motor vehicle accident cases, resulting in seven and eight figure confidential reward settlements. He serves as a board member for many prominent legal organizations, including: the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum, as a PAC member of the American Association for Justice, The Million Dollar Advocates Forum and the Grievance Committee for the State Bar of Texas. For six consecutive years, Texas Monthly Magazine named Mr. Nachawati as a Super Lawyer. Mr. Nachawati is licensed to practice before the Supreme Court of Texas and Arkansas. He holds additional licenses in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati can be contacted through his website at cases.fnlawfirm.com/auto_injury, by email or by calling +1.888.630.4412.

 

photo credit NBC5

photo credit NBC5

AUGUST 2015 – Around 1 a.m. on August 26, an 18-wheeler crashed into a minivan and an SUV on I-35W near Berry and Ripy Streets. One woman was hospitalized, and another person was killed in the accident. The Fort Worth highway was closed for hours during the aftermath of the accident.
 
Legal Commentary
The families of trucking accident victims should consult with an experienced personal injury and/or wrongful death attorney to file claims against the parties at fault to help the families pay for costly medical and funeral expenses. Our firm represents individuals and families who are affected by motor vehicle accidents. Although no monetary amount can compensate for a lost loved one, a successful civil claim against the at-fault driver will enable the victim’s family to cover any medical or final expenses, leaving them more time to focus on the grieving process during this trying time. If you or a loved one has been affected by a trucking accident, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com, or by calling our office at +1.888.630.4412.
 
 
About the Author
Majed Nachawati is a preeminent personal injury lawyer focused on representing victims and families involved in automobile accidents, workplace accidents, wrongful death cases, and products liability claims in Texas statewide. Mr. Nachawati has successfully resolved numerous trucking accident cases and motor vehicle accident cases, resulting in seven and eight figure confidential reward settlements. He serves as a board member for many prominent legal organizations, including: the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum, as a PAC member of the American Association for Justice, The Million Dollar Advocates Forum and the Grievance Committee for the State Bar of Texas. For six consecutive years, Texas Monthly Magazine named Mr. Nachawati as a Super Lawyer. Mr. Nachawati is licensed to practice before the Supreme Court of Texas and Arkansas. He holds additional licenses in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati can be contacted through his website at cases.fnlawfirm.com/auto_injury, by email or by calling +1.888.630.4412.

 bridge damaged by semi on I35 - photo by KWTX News 10

SALADO, TEXAS, MARCH 2015 – A truck driver hauling a boom lift ignored warning signs for a bridge on I-35 at FM 2484 and struck the bridge, killing 32-year-old Clark Brandon Davis from Arlington, Texas and injuring three others. The impact with the overpass caused beams to fall onto other vehicles. Three signs prior to the overpass had warned the 41-year-old truck driver for Lares Trucking, Valentin Martinez, that the bridge clearance was 13 feet 56 inches. In fact, the bridge height was over 14 feet, but the warning signs are designed to give some room for error. Oversized vehicles are required to take alternate routes when the low clearance signs are present. All lanes were closed for several hours after the accident. In total, five vehicles were damaged when beams from the bridge fell after the impact. In May, 2015, the DPS report concerning the accident found the truck driver to be at fault due to not paying attention while hauling an illegally oversized load.

Legal Commentary
The families of trucking accident victims should consult with an experienced personal injury and/or wrongful death attorney to file claims against the parties at fault to help the families pay for costly medical and funeral expenses. Our firm represents individuals and families who are affected by motor vehicle accidents. Although no monetary amount can compensate for a lost loved one, a successful civil claim against the at-fault driver will enable the victim’s family to cover any medical or final expenses, leaving them more time to focus on the grieving process during this trying time. If you or a loved one has been affected by a trucking accident, contact the experienced attorneys at Fears | Nachawati Law Firm by sending an email to mn@fnlawfirm.com, or by calling our office at 1.888.630.4412.
 
 
About the Author
Majed Nachawati is a preeminent personal injury lawyer focused on representing victims and families involved in automobile accidents, workplace accidents, wrongful death cases, and products liability claims in Texas statewide. Mr. Nachawati has successfully resolved numerous trucking accident cases and motor vehicle accident cases, resulting in seven and eight figure confidential reward settlements. He serves as a board member for many prominent legal organizations, including: the Board of Directors of the Texas Trial Lawyers Association, the Board of Directors for Public Justice, a Leader’s Forum, as a PAC member of the American Association for Justice, The Million Dollar Advocates Forum and the Grievance Committee for the State Bar of Texas. For six consecutive years, Texas Monthly Magazine named Mr. Nachawati as a Super Lawyer. Mr. Nachawati is licensed to practice before the Supreme Court of Texas and Arkansas. He holds additional licenses in the Northern, Southern, and Eastern Districts of Texas. Mr. Nachawati can be contacted through his website at cases.fnlawfirm.com/auto_injury, by email or by calling 1.888.630.4412.

Last week, a jury awarded the family of Remington Walden, a 4-year-old who died as a result of a crash involving a 1999 Jeep Grand Cherokee with a rear fuel tank. After a two-week trial in Decatur County, Georgia, the family was awarded as um of $150 million. The jury found that Chrysler, a unit of Fiat Chrysler Automobiles, was liable for the death of Walden. They assert that Jeep and Chrysler failed to warn consumers that these specific Jeeps with rear fuel tanks increased the risk of fire in a rear-end crash. 

Chrysler has previously recalled more than 1.56 million Jeep SUVs with similar issues although the particular one that Walden was in was not part of any recall. Chrysler initially denied any safety issues with their Jeeps but according to the National Highway Traffic Safety Administration, there have been more than 50 deaths linked to issues with a rear fuel-tank. Chrysler has been ordered to pay 99% of the damages while the driver of the car that hit the Jeep in the accident will have to pay the other 1%. The family is reportedly happy with the settlement but any monetary amount is never enough for the loss of a life. 

If you or someone you know has been injured by a recalled product, merely sending the product back for a replacement or refund is unlikely to be an adequate response. Rather, an individual injured by a recalled product is likely entitled to greater compensation under the law. This likelihood is particularly true because large corporations that produce defective products normally carry large insurance policies for the benefit of the consumers that their products might injure.

If you or someone you know has been injured by a recalled or defective product, you deserve to understand the full extent of your legal rights and the compensation you may be entitled to receive. In such cases, you may be subject to a pressing statute of limitations (the deadline to make a claim), or you may be at risk of losing evidence critical to your case; therefore, it is essential that you act quickly to preserve your rights. The attorneys at Fears | Nachawati are national leaders in product recall cases and will be happy to assist you. For a free attorney consultation, please call 1.866.705.7584 or send an email to mn@fnlawfirm.com.

 

Last Friday, on August 8th, General Motors was forced to recall more than 312,000 vehicles throughout the world. This year alone, the car company has had to recall more than 29 million cars total. GM has been under increased scrutiny since it was revealed that for the past decade, authorities at the automobile powerhouse have known about and williningly signed off on faulty ignition switches and other defects.

After GM admitted to their negligence, the company also agreed to pay out claims. In the first week of submissions, it’s been noted that more than half of those claims submitted have come from families that say one of their family members died because of a vehicle they were driving. Kenneith Feinberg, the fund manager responsible for allocating the proper amount to survivors and families, claims that 63 out of the 125 claims submitted so far have noted a fatality. This means that GM has widely underreported the extent of the damage caused by their faulty parts. They previously reported that only 16 deaths had been reported out of 2.6 million small car recalls.

Currently, GM is accepting claims whereby families and survivors must prove that the injured party was hurt by a recalled product or faulty part. Although the company has stated that $400 to $600 million dollars have been allocated for a fund, they also have stated they will be generous with their payouts.The company has a clear reason to initiate settlement procedures; GM will save much more money if the drivers and passengers of the 2.6 million recalled vehicles don’t initiate litigation through their own attorneys. The company will look at a combination of medical expenses, wages lost and pain and suffering that occurred as a result of an accident that involved one of their faulty parts. According to the NYT, industry experts expect that those who try to litigate their case and forego the settlement that GM proposes will likely face an aggressive and lengthy, although not impossible, fight in the courts.

If you or someone you know has been injured by a recalled product, merely sending the product back for a replacement or refund is unlikely to be an adequate response. Rather, an individual injured by a recalled product is likely entitled to greater compensation under the law. This likelihood is particularly true because large corporations that produce defective products normally carry large insurance policies for the benefit of the consumers that their products might injure.

If you or someone you know has been injured by a recalled or defective product, you deserve to understand the full extent of your legal rights and the compensation you may be entitled to receive. In such cases, you may be subject to a pressing statute of limitations (the deadline to make a claim), or you may be at risk of losing evidence critical to your case; therefore, it is essential that you act quickly to preserve your rights. The attorneys at Fears | Nachawati are national leaders in product recall cases and will be happy to assist you. For a free attorney consultation, please call 1.866.705.7584 or send an email to mn@fnlawfirm.com.