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.

 

CONROE TEXAS – On Sunday afternoon around 1pm, September 20, 2015, four members of the Sedlmeier family died in a wreck that also injured three others on SH 105 near Marina Drive in front of Conroe Fire Station Number 6. Ronald Cooper, 68 of Montgomery, had just left church when he was heading westbound in his 2011 Hyundai Azera sedan alongside the family’s 2001 Toyota Echo sedan. His vehicle struck their car and caused it to spin into oncoming traffic. A blue Jeep Wrangler with a 16-year-old male driver and a 15-year-old male passenger heading eastbound hit the family’s car, killing everyone in the Toyota. The victims in the fatality accident included Roland Sedlmeier, 49; Melinda Sedlmeier, 42; Harley Sedlmeier, 6; and Sofie Sedlmeier, 4. The two teenagers from the Jeep were treated at Conroe Regional Medical Center.  Mr. Cooper was also injured in the accident. Mr. Cooper had been taking medication for his diabetes and for a blood clot in his brain, but he was not drinking, according to his daughter Angela when she spoke with KHOU 11 News. 
 
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. 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 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 +1.888.630.4412.
 
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 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. Texas Monthly Magazine named Mr. Nachawati as a Super Lawyer for the past six years. 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

 

OCTOBER 2015 – A Texas man died in August 2013, when his 2008 Chevrolet Silverado caught fire after being T-boned in an accident near Tatum, Texas. Charlie Litchfield was burned alive after the collision, when the fire spread from the front of the vehicle to the cab. Witnesses reported seeing him trapped in the truck and hearing his screams, before the truck exploded. The wrongful death and product liability suit is now in Federal Court. 
 
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. 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 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 +1.888.630.4412.
 
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 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. Texas Monthly Magazine named Mr. Nachawati as a Super Lawyer for the past six years. 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

 

Wrong way driver held at Denton county jail

DENTON TEXAS – Jorge Ochoa was charged with criminally negligent homicide and injury to a child after a fatal accident hospitalized a five-year-old boy and killed a 22-year-old woman. Mr. Ochoa was allegedly driving in the wrong lane in the 9900 block of Sherman Drive in Denton, when he struck a Ford Focus. Ryland Brown,5, of Aubrey was critically injured in the crash. The boy was taken by CareFlite to Children’s Medical Center of Dallas, where he was treated for serious facial and head wounds. A GoFundMe account was setup to help with the boy’s medical expenses. The woman, a Brown family friend who was caring for Ryland Brown at the time of the accident, died at the scene.

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. 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 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 +1.888.630.4412.

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 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. Texas Monthly Magazine named Mr. Nachawati as a Super Lawyer for the past six years. 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.

 

image credits FOX4News
 
TERRELL TEXAS – On Wednesday morning, September 16, 2015, William Edwards, 66, of Plano, Texas, was killed in an accident that involved four 18-wheelers and one car. Mr. Edwards was driving his black 2009 Nissan on I20 under the eastbound Spur 557 overpass, when a truck driven by Gurwinder Singh, 23 of New Jersey crashed into the Nissan and continued on to hit three other trucks. Two of the trucks lost their cargo, spilling tomatoes and frozen corn dogs all over I20. Mr. Singh’s truck continued on to crash into a truck that was driven by Tom Sayavong, 57, from Keller, Texas. The fourth and final collision was when Mr. Singh’s truck struck an empty gasoline tanker driven by Craig Barger, 47, from Magnolia, Texas. Although the tanker was empty, the collision caused a large diesel spill. The highway was closed for 10 hours during the cleanup. 
 
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. 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 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 +1.888.630.4412.
 
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 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. Texas Monthly Magazine named Mr. Nachawati as a Super Lawyer for the past six years. 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 from ABC13.com

HOUSTON, TEXAS – Luisa Pachecho drove a Houston school bus for eight years with a clean driving record. On Tuesday morning, September 15, 2015, a 29-year-old HISD teacher named Nikita Allen swerved to avoid another car and collided with the left driver’s side of the school bus that Ms. Pachecho was driving. The bus struck a guardrail and plunged off the overpass and onto the frontage road below. A 17-year-old student named Mariya Alyss Johnson passed away at the scene of the accident. A 14-year-old student named Janecia Chatman was hospitalized, but she died later as a result of her injuries from the crash. The driver and two other students were also hospitalized at Ben Taub General Hospital with serious injuries after the accident. Ms. Allen was also injured in the accident. This incident became the first fatal school bus accident for Houston’s school district in the past 15 years. 
 
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 expenses. Our firm represents individuals and families who are affected by motor vehicle accidents. A successful civil claim against the at-fault driver will enable the victim’s family to cover any medical expenses. If you or a loved one has been affected 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 +1.888.630.4412.
 
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 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. Texas Monthly Magazine named Mr. Nachawati as a Super Lawyer for the past six years. 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

 

HOUSTON, TEXAS – Jason Dixon was arrested at the scene of a four car accident in west Harris county on eastbound Clay Road on September 1, 2015. He was charged with two counts of intoxication manslaughter, after Vincente DeLeon and Reyualdo Landin were killed in the crash. First, Mr. Dixon ran a red light at the intersection of Highway 6 and the 16200 block of Clay Road. A Ford E35, a Toyota Rav-4, and a northbound Jeep were all hit by his 2009 Kia Sedona in the resulting wreck. Mr. DeLeon died at the scene of the accident, while Mr. Landin passed away at a nearby hospital.
 
 
Legal Commentary
Drunk drivers endanger the lives of everyone around them. Three innocent drivers were in the wrong place at the wrong time. According to MADD, DUI accidents cost the US $199 billion each year, and 28 people die daily in a drunken driving crash. The challenge for many individuals who are injured or whose loved ones are killed in a drunken driving accident is to make the right choice about your legal rights.
 
Successfully pursuing a claim against a drunk driver is difficult, but not impossible. It is important for individuals and families who have been impacted by drunk driving to quickly seek out legal guidance and representation, in order to successfully pursue any possible claims against a drunk driver. If you or a loved one has suffered from a DUI accident, you should contact the professionals at Fears | Nachawati. We can answer your questions, provide you with the proper guidance, and successfully represent you in any potential claims. We understand the difficult situations that DUI accidents present and are prepared to advise you. Talk to us today for your free consultation.
 
 
About the Author 
Majed Nachawati is a preeminent wrongful death lawyer who represents victims and families involved in automobile accidents. He attended Richland High School, Southern Methodist University for his undergraduate degree, and The University of Houston for Law School. Mr. Nachawati is a member of the Tarrant County Bar Association, the Dallas Bar Association, the State Bar of Texas Grievance Committee, and the Dallas Trial Lawyers Association. He also participates in many prominent legal organizations, including The Million Dollar Advocates Forum, the Board of Directors for the Texas Trial Lawyers Association, and the Board of Directors for Public Justice. Texas Monthly Magazine profiled him as a Super Lawyer for the past six years. Mr. Nachawati can be reached through his website at cases.fnlawfirm.com/auto_injury, at +1.888.630.4412 or by email at mn@fnlawfirm.com.