Texas Injury Law Blog

Tips for finding a good Texas personal injury attorney

Bryan Fears — Tue, 09 Mar 2010 10:45:03 -0600

If you’ve been involved in an accident and are considering bringing a personal injury lawsuit in Texas, you have a lot to cope with. On top of going to your doctor appointments and recovering from your injuries, you must also consider hiring a Texas personal injury attorney.

Finding a good Texas personal injury attorney, however, is not as difficult or stressful as it may first seem. It is true that you want to give careful consideration to this very important decision. It is also true, though, that you can make a wise selection by following a few simple tips.

Tip #1: Meet with the attorney in person before you sign anything.

Your personal rapport with your attorney matters a lot. You want to be represented by someone who makes you feel comfortable and someone you can trust and be honest with. You should never enter into an attorney/client relationship with a personal injury lawyer until you’ve had a chance to speak with that lawyer in person and determine whether they are a good match for your personality.

Tip #2: Find out whether the attorney is willing to go to trial if you don’t get a reasonable settlement offer.

Not all attorneys are willing to take a personal injury claim all the way to trial. You deserve fair compensation for your injuries, and you also deserve an attorney who will be willing to fight to get you that compensation. Don’t hire an attorney unless that attorney has expressed their willingness to go to trial if the other side doesn’t make a reasonable settlement offer.

Tip #3: Ask the attorney to explain all of their fees upfront.

Fees and expenses are one of the biggest areas of concern for potential litigants. A good, honest personal injury attorney will be upfront and open with you about the fees and expenses that you will be charged. Be sure you understand the extent and nature of the fees before you sign any agreement.

How to prevent rear-end car accidents

Bryan Fears — Tue, 09 Mar 2010 10:43:23 -0600

Every year in the United States, around 2.5 million rear-end collisions are reported. Any number of factors can lead to a rear impact crash, including distracted driving, tailgating and poor weather conditions.

Even at slow speeds, a rear-end car accident can lead to serious injuries. The impact of being struck from behind causes the driver or passenger to rapidly and unexpectedly pitch forward, which can cause spinal injuries, whiplash or even a concussion.

While even the safest drivers cannot prevent all car accidents, there are steps that we can take to reduce the chances of being involved in a rear impact car accident. Protect yourself, your loved ones and your vehicle by being a defensive driver and following these tips to help avoid rear-end car accidents:

Begin to brake well in advance of your need to stop to alert the driver behind you that traffic is slowing, which gives them more time to react.
Avoid braking abruptly. Rather than slamming on your brakes to try to catch a missed turn, it is much safer to drive past it and turn around.
Exercise caution when pulling out in front of moving traffic. Wait for a sufficient break between cars.
Never tailgate other drivers. Always maintain a safe distance between your car and the vehicle ahead of you.
Pay attention to the traffic down the road, not just the car directly ahead of you. That way you will be alerted to traffic coming to a stop.
Give driving your full attention. Never drive distracted, such as driving while eating, talking on a cellphone or texting.

If you have been injured in a rear end collision caused by someone else’s negligence, contact a personal injury attorney today for legal advice.

Texas woman sues driver, two companies after car accident

Bryan Fears — Mon, 08 Mar 2010 10:32:35 -0600

A Texas woman is suing after a car accident she claims was caused when the other driver failed to yield to her right-of-way and failed to obey a traffic control device.

The car accident lawsuit was filed on February 26^th by accident victim Perla Sanchez. Included as defendants in the suit are the driver of the car, Gerald Garcia, as well as Standard Alloys and Manufacturing Sales Co. and Blue Tee Corp.

In her lawsuit, Sanchez claims that Garcia was driving the Ford F450 pickup truck that hit her car on January 21^st.

Sanchez has also blamed the two companies for the accident, arguing that they should not have allowed Garcia to operate the vehicle because they knew him to be an incompetent and unfit driver.

Sanchez is seeking actual, compensatory and exemplary damages for her physical pain, physical impairment, disfigurement and mental anguish. Sanchez also claims to have incurred lost wages and medical expenses.

Click here to read more on Sanchez’s Texas car accident lawsuit.

Wrongful death lawsuit filed over bait car accident death of Texas woman

Bryan Fears — Mon, 08 Mar 2010 10:30:25 -0600

A wrongful death lawsuit has been filed by the family of a Texas woman whose vehicle was struck by a police bait car.

Members of the Dallas city council have been briefed on the family’s Texas wrongful death lawsuit. The council will vote on Wednesday on whether to authorize a proposed settlement of $245,000.

The wrongful death lawsuit has been filed by the family of Anna Reyes. Reyes’ car was hit by a police bait car being driven by Eddie Ramirez.

Police allegedly chased Ramirez, who had jumped into the car set up by police officers to catch car thieves. Police lost sight of Ramirez and attempted to remotely disable the vehicle.

The police, however, were too late. Ramirez slammed into Reyes at 75 mph, killing her.

Since the fatal car accident took place, a new system has been put into effect that enables officers to disable the bait vehicle more quickly. After the new system was put in place, the bait car program, which has been temporarily suspended following the car accident, was reinstated by a unanimous vote of the city’s public safety committee.

To read more on this Texas wrongful death lawsuit, click here to access the complete article.

Yaz and arrhythmia

Bryan Fears — Sun, 07 Mar 2010 10:56:25 -0600

Women who take Yaz or Yasmin should be aware that these birth control pills present an increased risk of arrhythmia, which is an irregular heartbeat.

Under normal circumstances, your heart beats at a rate that is relative to your current level of activity and comfort. An arrhythmia occurs when your heart rate becomes abnormal for some reason.

Arrhythmias can be placed into one of two main categories:

Tachycardia: Tachycardia occurs when the heart is beating too fast, specifically, at a rate of over 100 beats per minute.

Bradycardia: Bradycardia occurs when a person’s heart rate is too slow, specifically, at rate of less than 60 beats per minute for an adult who is awake.

If your heart rate drops below 50 beats per minute, enough blood may not be pumping to your organs. As a result, you can begin to experience serious side effects, including:

Dizziness
Fatigue
Chest pains
Fainting
Confusion
Heart palpitations
Weakness
Shortness of breath

In the worst cases, complications from arrhythmia can include:

Stroke
Cardiac arrest
Blood clots
Death

Sadly, there is no cure for arrhythmia. Instead, patients must undergo long-term treatments and rehabilitation as well as attend regular checkups.

If you believe you have experienced arrhythmia as a result of taking Yasmin or Yaz, you should immediately contact your physician. Additionally, you can also contact the Yaz and Yasmin lawsuit attorneys of Fears | Nachawati for free legal advice.

Women who have been injured, including by arrhythmias, as a result of taking Yaz or Yasmin birth control may be able to bring a lawsuit against the maker of these drugs.

Number of Yaz and Yasmin lawsuits filed against Bayer now exceeds one thousand

Bryan Fears — Sat, 06 Mar 2010 19:22:47 -0600

The number of lawsuits filed over the birth control pills Yaz and Yasmin is now at nearly 1,100. This is according to an annual report released by Bayer, the manufacturer of Yasmin and Yaz.

Experts are predicting that the number will continue to rise as thousands of women in both Canada and the United States are considering bringing lawsuits after suffering injuries from taking Yasmin and Yaz.

According to Bayer’s 2009 annual report, which was released last month, among the lawsuits filed have been five Yaz and Yasmin class action lawsuits – three in the United States and two in Canada.

The lawsuits all involve similar issues, which are claims that Yaz, Yasmin and the generic version Ocella increase a woman’s risk of suffering a heart attack, stroke, deep vein thrombosis, pulmonary embolism or gallbladder disease, among other injuries. At least 50 deaths in the United States alone have been linked to the use of Yaz or Yasmin.

In their Yasmin and Yaz lawsuits, the plaintiffs are arguing that Bayer failed to perform adequate research on the safety of the birth control pills and failed to warn users of the increased health risks associated with Yaz and Yasmin.

Additionally, many of the Yaz and Yasmin lawsuits allege that Bayer was deceptive in its advertising of the birth control pills, over-emphasizing certain supposed benefits of the drugs without also fully disclosing the potential increased risks of serious side effects posed by Yaz and Yasmin.

In fact, Bayer was formally warned about the deceptive advertising by the FDA and subsequently forced to run a series of ads correcting the misleading claims made in previous commercials.

If you or someone you love has been injured as a result of taking Yaz, Yasmin or Ocella, contact a Yaz/Yasmin lawsuit attorney today for legal advice.

Texas family sues bar that served intoxicated police officer who caused fatal car accident

Bryan Fears — Fri, 05 Mar 2010 12:52:26 -0600

The family of a Fort Worth, Texas, woman killed last December in a car accident involving an intoxicated, off-duty Fort Worth police officer has filed a lawsuit against the bar that allegedly served alcohol to the officer.

The lawsuit has been filed under the Texas Dram Shop Act, which is a law that enables victims and victims’ families to hold an establishment legally liable for damages that arise when the establishment sells alcohol to an obviously intoxicated person.

Named as defendants in the drunk driving car accident lawsuit are the Pour House, bar owner Eric Tschetter and Pueri Inc., a related business entity. Cisneros and the city of Fort Worth are not listed as defendants.

According to the lawsuit, the Pour House continued to serve alcohol to Jesus Cisneros – the off-duty Fort Worth police officer – to the point where Cisneros became “dangerously inebriated.” Afterward, the bar allowed Cisneros to “stagger out” and drive away from the establishment in a city vehicle.

Cisneros left the premises of the Pour House at around 2:25 a.m. Accident report states that Cisneros was driving at 70 mph in a 35 mph zone. Cisneros then struck a PT Cruiser being driven by victim Sonia Baker. Baker, 27, was pronounced dead at the scene. The accident took place on December 11^th near Baker’s Fort Worth home.

After the accident, Cisneros was taken to a hospital for blood tests. The results of those tests indicated that Cisneros’ blood alcohol level was more than twice the legal limit.

Last month, 37-year-old Cisneros was charged with intoxication manslaughter. He remains free on bail. Cisneros resigned from his position in late December.

For more on this drunk driving car accident lawsuit, click here for the full article.

Texas couple files personal injury lawsuit against drunk driver, car rental company

Bryan Fears — Thu, 04 Mar 2010 08:59:43 -0600

A Texas couple has filed a personal injury lawsuit after allegedly being injured in a drunk driving car accident.

The plaintiffs, William and Dora Bennett, filed their Texas personal injury lawsuit against both James Bates, the alleged drunk driver, and Avis Rent-a-Car, the company that rented Bates the car that he was driving when the accident occurred.

According to their complaint, Bates struck the car in which the Bennetts were riding. Bates, at the time, was driving a vehicle he rented from Avis.

In their Texas personal injury lawsuit, the Bennetts claim that they suffered a variety of damages, including mental anguish, disability, disfigurement and physical pain as well as lost earnings and medical expenses.

The Bennetts blame Bates for causing the car accident, claiming he failed to timely apply his brakes, failed to drive in a reasonable manner, failed to keep a proper lookout and failed to obey traffic laws. In addition, the lawsuit places the blame on Bates for having driven under the influence of alcohol and driving while intoxicated.

As for their claim against Avis, the Bennetts maintain that the company should not have rented a vehicle to Bates because they knew he was a dangerous and unsafe driver.

The Bennetts are seeking more than $100,000 in damages.

Click here to read more on this Texas personal injury lawsuit.

Texas woman files lawsuit against apartment complex after fall from retaining wall

Bryan Fears — Thu, 04 Mar 2010 08:56:59 -0600

A Texas woman has filed a premises liability lawsuit against an apartment complex after falling while walking her dog. According to the lawsuit, a lack of adequate lighting and guard rails is to blame for her fall from a retaining wall at the Tyler, Texas, apartment complex.

The plaintiff, Terese Swords, filed the premises liability lawsuit against Dial Equities, doing business as The Arbors on Chimney Rock, on March 2^nd.

The incident in question took place on the evening of December 13, 2008. Swords, according to her complaint, was walking her dog through a pedestrian common area of the complex. She was on her way to an area designated as a pet region.

As she was walking her dog, Swords claims in her Texas premises liability lawsuit, she fell off of an unmarked and unguarded wooden retaining wall. Swords claims that her leg collided with a tree stump, causing her leg to break. Swords further claims that she was lying on the ground for more than 30 minutes before anyone answered her cries for help.

In her complaint, Swords charges the complex with negligence for failing to maintain the area and for failing to warn of the hazardous condition. Swords argues that the area in question is unreasonably dangerous because there is no guard railing and it lacks sufficient lighting.

Swords seeks more than $75,000 in damages, including damages for physical impairment, anguish, emotional distress, physical pain and suffering and disfigurement and scarring, along with damages for her medical expenses.

To read more on this Texas premises liability lawsuit, click here for the full article.

Texas man files personal injury lawsuit against hit-and-run driver

Bryan Fears — Tue, 02 Mar 2010 08:53:27 -0600

A Texas man has filed a personal injury lawsuit against the man who struck his vehicle and then fled from the scene of the accident.

The plaintiff in this Texas personal injury lawsuit is James Edward Mathews. On February 17^th, Mathews filed his suit against alleged hit-and-run driver Jeremiah S. Freeman.

According to his personal injury lawsuit, Mathews has suffered from both physical pain and mental anguish as a result of the car accident. He is seeking damages for lost earnings, medical expenses, pain and suffering, physical impairment and physical disfigurement. Additional damages are being sought for a loss of ability to enjoy life as well as the diminished value of his vehicle.

Mathew claims that Freeman caused the car accident because he was driving too fast, failed to keep a proper lookout, failed to yield the right-of-way, failed to apply his brakes in a timely manner and lacked proper control over his vehicle. Mathew’s suit further alleges that Freeman left the scene of the car accident and failed to stop and render aid.

Click here to read more about this Texas personal injury lawsuit over a hit-and-run car accident.

Wrongful death lawsuit filed by parents of Texas boy killed in car accident

Bryan Fears — Tue, 02 Mar 2010 08:45:19 -0600

A Texas wrongful death lawsuit has been filed by the parents of a six-year-old Gilmer, Texas, boy who was killed in a car accident in January. The suit has been filed in Upshur County’s 115^th District Court.

The victim was Nathan Connor Croley, and the Texas wrongful death lawsuit is being filed by his parents, Jerry and Melody Croley. Defendants named in the wrongful death lawsuit are Talley Rents (RentFirst) and the company’s employee Judson William Maurer of Longview, Texas.

On January 29^th, Jerry Croley was traveling south on U.S. 271 with his son and another child. Maurer was also driving south on the highway behind Croley. Maurer was traveling in a Talley Rents GMC truck. At some point, Maurer’s truck struck Croley’s vehicle. All three individuals in Croley’s car were injured. Nathan Croley later died from his injuries.

In their wrongful death lawsuit, the Croleys allege that Maurer is responsible for the accident because he failed to keep a proper lookout, failed to maintain a clear distance between his truck and Croley’s vehicle, failed to timely apply his brakes, failed to control the speed of his truck and generally did not act in a reasonable manner when operating his vehicle.

An unspecified amount of money is being sought by the Croleys for mental anguish and medical expenses, among other damages.

For more on this Texas wrongful death lawsuit, click here to read the full article.

The 5 most important things to do after a car accident in Texas

Bryan Fears — Mon, 01 Mar 2010 12:46:49 -0600

To preserve your right to bring a personal injury claim if you have been involved in a car accident in Texas, there are 5 important steps you should take:

1. Call police to the scene of the accident: An accident report is critical evidence that can be used to support your Texas personal injury claim. You should call the police even if you believe the accident was “minor.” Severe injuries and serious damage to your vehicle may not become apparent until days or even weeks after the accident has occurred. Bringing police to the scene of your Texas car accident guarantees that there will be an official record of how the accident occurred, who was involved and any witnesses that may have been present.

2. Gather as much information as possible: Again, even a seemingly minor accident can have major consequences. Before you leave the scene of the accident, gather as much evidence as you possibly can. You need all of the other driver’s contact information, including their insurance information, as well as the contact information for witnesses. Take lots of pictures of both your injuries and the damage to your vehicle before you have your vehicle repaired.

3. Get immediate medical attention: To prove your personal injury claim, you need documented records of the pain and injuries you have suffered as a result of the car accident in Texas. If you believe that you were injured in any way at all because of the car accident, seek immediate medical attention. It’s in your best interest not to try to “tough it out,” but rather to get an official, professional opinion about your condition.

4. Never admit fault: The other driver’s insurance company will attempt to use your words against you if you later bring a personal injury claim. Regardless of the circumstances surrounding the accident, do not admit fault to anyone. Only speak to the other driver as much as necessary to exchange contact information.

5. Seek the advice of an experienced Texas personal injury attorney: Your Texas personal injury lawyer is there to represent your interests – and your interests alone. By having your case evaluated by a Texas personal injury attorney, you can be sure that you are receiving a fair settlement offer for your claim. If no settlement agreement can be reached, then your attorney can take your Texas personal injury lawsuit to court.

Lawsuit filed by widow of Texas man killed when yacht capsized is settled

Bryan Fears — Mon, 01 Mar 2010 12:44:43 -0600

The widow of a Texas man killed when a racing yacht capsized has settled a lawsuit with the manufacturer of the boat.

On June 6, 2008, during a race from Galveston, Texas, to Vera Cruz, Mexico, Texas A&M University safety officer Roger Stone was killed when a 38-foot racing yacht lost its keel and capsized.

The boat in question – named the Cynthia Woods – was manufactured by Cape Fear Yacht Works, owned by Kent Mitchell. The lawsuit was filed by Stone’s widow, Linda Stone, against Cape Fear Yacht Works, as well as a company that repaired the racing yacht and the boat’s designer, Bruce Marek.

Stone was the crew’s second safety officer. He pushed two student sailors to safety after the boat capsized and tossed four members of the Texas A&M University at Galveston Offshore Sailing Team, as well as one other safety officer, into the Gulf. The individuals drifted for 26 hours. Stone was trapped below deck and died.

According to an investigation conducted by the U.S. Coast Guard, the boat sank because it was improperly repaired after it had been run aground on at least five occasions. By contrast, an investigation into the accident by the Texas A&M University System concluded that the inadequate design and construction of the boat was the cause of the capsizing.

According to court documents, under the terms of the agreement, Cape Fear Yachts will pay Linda Stone and her two children $375,000 within the next three years. The documents state that this money will be used to help pay for the children’s college costs.

For more on Stone’s settlement with the yacht manufacturer over this Texas wrongful death, click here to read the full article.

Jury awards more than $20 million to Texas A&M student paralyzed by drunk driver

Bryan Fears — Sat, 27 Feb 2010 06:25:33 -0600

A jury has awarded $23.5 million to a Texas woman who was paralyzed in a drunk driving accident.

Two years ago, 23-year-old Jackie Murphree was in a car accident caused by a drunk driver. Murphree was left paralyzed and with brain damage. Murphree can no longer talk, walk or feed herself as a result of the accident.

The drunk driver was Betty Monroe, who the jury found to be 70% liable for the car accident. Monroe was on her way home after a night of drinking when her car drifted into a section of Highway 380 that was currently closed for construction, broadsiding Murphree.

In addition to Monroe, the jury also found the Texas Department of Transportation and a construction company called Site Concrete partly responsible.

According to the jury, more safety precautions, such as barricades, barrels and markers, should have been in place to prevent Monroe from driving onto the closed pavement.

To read more on this Texas drunk driving lawsuit, click here for the full article.

Yaz and Yasmin lawsuits given mass tort designation in New Jersey

Bryan Fears — Fri, 26 Feb 2010 09:40:38 -0600

All Yasmin, Yaz and Ocella lawsuits filed in New Jersey state courts have been consolidated as a mass tort. These Yaz and Yasmin lawsuits will now be centralized under one judge for coordinated handling of the cases.

On February 18^th, New Jersey’s Administrative Office of the Courts ordered that all Yaz, Yasmin and Ocella litigation in the state be assigned to Judge Brian R. Martinotti. Judge Martinotti presides over Bergen County Superior Court. All case management and trial issues in pending and future Yaz, Yasmin and Ocella lawsuits will now be overseen by Judge Martinotti.

The consolidation was requested by Judge Donald Volkert jr., who sits in Passaic County where more than a dozen Yasmin and Yaz lawsuits are pending.

The purpose of consolidating the Yaz lawsuits and Yasmin lawsuits as a mass tort is to avoid duplication and prevent conflicting rulings that may arise if the numerous cases are tried throughout the state.

Note, however, that the cases will remain individual actions and have not been consolidated. Moreover, Judge Martinotti has the discretion to send the cases back to the original county where they were filed for either resolution or trial.

This latest mass tort designation is not the first time that Yaz and Yasmin lawsuits have been consolidated. In October of 2009, all currently pending Yasmin and Yaz lawsuits in federal courts were consolidated for coordinated and centralized pre-trial proceedings. Those proceedings will be overseen by Judge David R. Herndon of the District Court for the Southern District of Illinois.

Also, all pending Yasmin and Yaz lawsuits in Pennsylvania state courts were consolidated last September.

In general, the Yaz, Yasmin and Ocella lawsuits center on the increased risk of heart attack, heart arrhythmias, blood clots, stroke, embolisms and gall bladder disease presented by the birth control pills.

Additionally, these birth control pills may cause a dangerous increase in a woman’s level of potassium, leading to a condition called hyperkalemia. Hyperkalemia can result in serious health problems.

For more on the recent New Jersey mass tort designation of Yasmin, Yaz and Ocella lawsuits, click here for the complete article.

Texas woman sues Wal-Mart after falling over packaging material left on floor

Bryan Fears — Fri, 26 Feb 2010 09:37:52 -0600

A premises liability lawsuit has been filed by a Texas woman who tripped over packaging material while shopping at the Beaumont Wal-Mart.

The plaintiff is Susan Henderson, who claims in her Texas premises liability lawsuit that she was shopping in the Wal-Mart on Christmas Eve of 2007. According to allegations made in the lawsuit, Henderson tripped and fell over packaging material left on the floor by a store employee.

Henderson states that the fall caused her permanent and severe injuries.

In her premises liability lawsuit, Henderson claims that Wal-Mart should have known that the material on the floor presented a dangerous condition.

Henderson alleges that Wal-Mart was negligent on several counts, including failure to properly train and supervise employees, failure to provide proper warning of the dangerous condition and failure to hire competent employees.

Damages sought by the plaintiff in her lawsuit include pain and suffering, physical impairment and medical expenses.

To read more about this Texas premises liability lawsuit, click here for the full article from the Southeast Texas Record.

Personal injury lawsuit filed against Texas restaurant over falling light fixture

Bryan Fears — Fri, 26 Feb 2010 09:36:05 -0600

A Texas woman has filed a personal injury lawsuit against a restaurant after being struck by a falling object at the establishment.

According to her Texas personal injury lawsuit, plaintiff Eliazar Zapata Spears was hit on the head by a falling light fixture while patronizing The Fish Spot, a Texas City eatery, in April of 2008.

Spears claims that no one touched the lamp but rather that it fell because of the vibrations caused by the loud music; the restaurant was holding a karaoke night at the time of the incident.

In her Texas personal injury lawsuit, Spears claims that the restaurant breached its duty to its customers by failing to keep the area safe from falling objects. The suit further alleges that the defendants should have known about the risk of putting unsecured items over the heads of areas where patrons would be situated.

Representatives of The Fish Spot, Clint Waddel, Vickie Pike, Mary Melghem and Leslie Melghem, have also been named as defendants.

Spears is seeking damages for lost wages, pain and suffering and mental anguish.

Click here to read more about this Texas personal injury lawsuit.

Family of Dallas motorcycle officer killed in Clinton motorcade files lawsuit

Bryan Fears — Thu, 25 Feb 2010 10:20:56 -0600

The family of a Dallas, Texas, motorcycle officer has filed a lawsuit against Hillary Clinton over the officer’s death two years ago while escorting Clinton through the city. The city of Dallas has also been named as a defendant.

According to the lawsuit, the victim, Senior Cpl. Victor Lozada, was not properly trained and the road on which he was riding his motorcycle was not adequately maintained. The lawsuit further alleges that Clinton did not give the city adequate time to prepare for the motorcade.

Additionally, the lawsuit, which was filed in Texas state court on Monday, places blame on the city’s 911 system for a 12-minute delay in dispatching an ambulance to the scene of the accident.

Also named as defendants are Clinton’s presidential campaign and the company that manufactured Lozada’s motorcycle helmet.

In her lawsuit, Lozada’s widow is seeking damages for wrongful death, gross negligence, breach of warranty and product liability.

The accident occurred during Clinton’s bid for the Democratic presidential nomination. On the morning of February 22, 2008, Lozada, along with approximately 30 other motorcycle officers, were controlling traffic at various intersections as Clinton’s motorcade travelled through Dallas.

Lozada lost control of his bike when coming around a curve while performing a “leapfrog” maneuver in an attempt to pass the motorcade. Lozada’s bike ran up onto the sidewalk and he crashed head-on into a concrete outcropping.

The force of the impact caused Lozada to catapult dozens of feet forward, and his helmet was knocked off in the process.

To read more about Lozada’s lawsuit against the city of Dallas and Clinton, click here for the full article.

Family of man killed in IRS plane crash files Texas wrongful death lawsuit

Bryan Fears — Thu, 25 Feb 2010 10:18:54 -0600

The family of the victim killed in the IRS plane crash on February 18, 2010 has filed a Texas wrongful death lawsuit against the pilot’s estate.

Joseph Stack was piloting the plane involved in the fatal crash. Both he and Vernon Hunter, the victim at the center of the Texas wrongful death lawsuit, were killed in the suicide plane attack.

According to authorities, Stack, 53, intentionally crashed his plane into the IRS office building. Hunter, who was a manager in the IRS office, was killed.

In the Texas wrongful death lawsuit filed on Monday, Hunter’s family claims that Sheryl Stack, the pilot’s wife, should have warned others about her husband’s threatening and unstable behavior in the days preceding the attack. Stack had set his home on fire the same morning as the crash.

The Texas wrongful death lawsuit alleges that Sheryl Stack had a duty to “avoid foreseeable risk of injury to others.”

The seven-page lawsuit states that "Stack was threatened enough by Joseph Stack that she took her daughter and stayed at a hotel the night before the plane crash.”

According to an attorney representing Valerie Hunter, the victim’s wife, the suit seeks to determine whether any insurance proceeds are available to be awarded to the Hunter family. The attorney calls the Texas wrongful death lawsuit the appropriate way to determine what assets are available as compensation for Hunter’s death.

In addition, the lawsuit also seeks to prevent the Travis County medical examiner’s office from making Hunter’s autopsy public.

For more on this Texas wrongful death lawsuit, click here for the complete article.

5 myths about personal injury claims

Bryan Fears — Tue, 23 Feb 2010 11:23:20 -0600

There are times when an accident victim with a viable personal injury claim does not move forward with legal action because of mistaken beliefs about how personal injury claims work. For example, some accident victims are operating under misconceptions about the circumstances under which a claim can be made or about what types of compensation can be recovered.

Although every case is different, it is often possible to recover compensation from an accident even if:

1. There were no witnesses to the accident: It is sometimes possible to reconstruct an accident with the help of investigators. A good personal injury attorney has access to a team of experts that can prove how an accident occurred even without the aid of witnesses.

2. You are partly at fault for the accident: Texas uses the doctrine of comparative responsibility to assign a percentage of the blame for an accident to each party involved. As long as the judge or jury determines that you were only 50% or less responsible for the accident, then you can still recover damages for your injuries.

3. The other driver has no insurance: The other driver’s insurance is not the only source of payment for your injuries. Depending on the circumstances of your accident, it may be possible to recover damages from your own insurance company, the owner of the car or the driver’s employer.

4. You were the victim of a hit-and-run driver: Depending on the type of insurance coverage you have, you may be able to recover damages from your own insurance company if you are the victim of a hit-and-run driver.

5. You did not immediately go to the hospital: Sometimes injuries take time to manifest themselves. It is not uncommon for an accident victim to feel fine at first but then later develop serious injuries. While it is certainly best that you seek medical attention as soon as possible after an accident, not immediately going to the hospital does not preclude you from bringing a personal injury claim.