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Fort Worth Personal Injury and Wrongful Death Lawyers
There are a few things that set Varghese Summersett apart from other personal injury lawyers. First and foremost, the trial experience of our Fort Worth personal injury attorney puts us in a different league. We are battle-tested and resilient. We are not afraid to go to trial, and the other side knows it.
Second, we believe in more than getting a financial settlement for our clients. We believe in effecting change wherever possible. Every client we represent would, undoubtedly, forgo compensation to avoid the suffering and loss they have endured. We are motivated by change and justice. We believe that we have the power to make corporations change their ways, and we speak in the only language they understand – money. When you have a multi-million dollar or multi-billion dollar behemoth on the other side, they want nothing more than to exhaust you – mentally and financially. They throw hundreds of thousands into avoiding liability rather than changing the practices that led to the loss.
That’s where we come in.
We are prepared to go the distance to ensure that what happened to you or your loved one doesn’t happen to anyone else. That is a power uniquely held by a trial attorney. That’s who we are and what we bring to bear against the corporation that harmed you. We have changed the laws in Texas for the betterment of everyone in the state—not because we had to, but because it was doing right by our client and our community. It is a job we take seriously.
Personal Injury Lawyer with Offices in Fort Worth, Southlake and Dallas
We know that accidents can happen anywhere and at any time. That’s why we are available whenever and wherever you need us. We have three offices across the metroplex and are pleased to meet with you in person. We are headquartered in Fort Worth and, over the years, have grown into Dallas and Southlake. Perhaps more importantly, we have developed a wide network of doctors and treatment providers who we know will treat you after an accident anywhere in Texas. As you may find out, it is common for non-emergency medical providers to refuse treatment after an accident because they don’t want to wait to bill on a case where an auto insurance provider or corporation may be on the hook for payments. It is, therefore, critical to know which doctors and medical providers are willing to defer payment based on a letter of protection from a known attorney.
We Understand Loss
Personal injury cases hit home. We know that all too well. We are here for you when the unexpected happens. Our Fort Worth personal injury lawyer understands how someone else’s negligence can lead to a devastating loss. We are also trial lawyers who are prepared to go to battle to hold wrongdoers accountable. We have the tenacity and the resources to “never settle for less,” which has become the unofficial motto for our personal injury team.
Elements of a Personal Injury Case
Every personal injury or wrongful death case is built on the premise that someone failed in a duty of care owed to the person who suffered the loss. The most common basis to make a civil claim is negligence, although there might also be various statutory ways to hold someone responsible. Generally speaking, to bring a case against someone, you have to establish the following:
- A duty of care was owed;
- There was a breach of that duty of care;
- The breach of that duty of care caused a loss;
- The loss resulted in damages; and
- The person who caused the loss has some means to pay, whether personally or through insurance.
01 Duty of Care
The concept of duty of care is at the heart of a personal injury case. This legal obligation requires individuals to act with a reasonable level of caution and consideration to avoid causing harm to others. For example, a property owner has a duty to maintain a safe environment for visitors.
02 Breach of Duty
A breach occurs when an individual fails to uphold their duty of care. This can be through direct action, such as reckless driving behavior, or through inaction, such as failing to remedy a known hazard on a property.
03 Causation (Texas Style with Modified Comparative Fault)
In Texas, the principle of causation is intertwined with the doctrine of modified comparative fault. This means that the injured party’s compensation can be reduced if they are found to be partially at fault for the incident. If the plaintiff is 50% or less at fault, they can still recover damages, albeit in a diminished capacity. However, if their fault exceeds 50%, they are barred from receiving any compensation.
04 Damages
The crux of a personal injury case lies in the damages, which encompass the quantifiable losses suffered by the injured party. These can include medical expenses, lost income, and non-economic damages such as pain and suffering.
05 Ability to Pay
A critical, yet often overlooked, aspect of personal injury cases is the defendant’s ability to pay the awarded damages. Typically, this is covered by insurance, but it’s essential to assess the availability and limits of such coverage.
Personal Injury Attorneys Handle?
The team at Varghese Summersett handles a broad array of
personal injury and wrongful death cases, including:
This list is not meant to be exhaustive but to give you a sense of our most common practice areas. If you were injured anywhere in Texas as a result of someone else’s negligence, we can help.
Free Consultations
Our consultations for personal injury cases are complementary. Most people have never been in a situation before where they need to go after an insurer or a corporation for the injuries or loss they have suffered. During the consultation, we also explain how our fees work in personal injury and wrongful death cases. We work on a contingency fee model. This means you never pay us unless we will your case. This does two things: It makes it possible for someone who has just suffered a loss to hire us. Second, you will know that throughout the process our interests are aligned. In fact, in most cases we are putting our own money into hiring experts, paying filing fees, paying for investigators and subpoenas to be filed. We are truly investing in making sure we do everything to make you whole if you’re injured, and particularly in wrongful death cases, making sure the corporation or individual behind the loss is held responsible.
When Do You Need a Personal Injury Lawyer?
Not every accident requires the assistance of a personal injury lawyer. For example, if you are involved in an accident, but were not injured, then you should be able to obtain a settlement without the need of a personal injury attorney. Similarly, if you are involved in an accident, but you were the person mostly (or entirely) at fault for the accident, you won’t need an attorney. If you have comprehensive insurance coverage, you will make a claim directly with your insurer. You should, at the very least, consult with a personal injury lawyer if:
- You were injured or lost a loved one due to someone else’s negligence;
- You are unsure about who is at fault and were injured in an accident;
- You were hurt at a job site, or while on the job;
- You were hurt by a dog that someone failed to restrain;
- You were injured in a commercial explosion, at a railroad, or any other business; or
- You were hurt by a product.
Again, that is not an exhaustive list, but it gives you an idea of the types of cases where it would make sense to hire a personal injury lawyer.
When Do You Need to Bring a Personal Injury Claim by in Texas?
The deadline for filing a lawsuit is referred to as its Statute of Limitations. The statute of limitations for personal injury and wrongful death cases varies in Texas based on the cause of action, but most personal injury cases are two years. Certain types of civil cases have a longer period in which a claim may be filed. There are also rare circumstances under which a statute of limitation can be “tolled” or paused.
What Damages Can A Personal
Injury Claim Recover?
In a personal injury case in Texas, the damages you can recover are essentially the compensation awarded for harm or loss you’ve suffered because of someone else’s actions or negligence. These damages are categorized into three main types: economic damages, non-economic damages, and punitive damages. Let’s break these down into simpler terms:
01 Economic Damages
These are the types of damages that have a clear dollar amount. They cover the financial losses you’ve incurred because of your injury. Examples include:
- Medical bills: This includes costs for hospital stays, doctor visits, physical therapy, medications, and any future medical care related to your injury.
- Lost wages: If you’ve missed work or cannot work in the future because of your injuries, you can be compensated for the money you’ve lost or will lose.
- Property damage: If your personal property was damaged as a result of the incident (like your car in an auto accident), you can be reimbursed for repairs or the value of the property.
02 Non-Economic Damages
These damages aren’t about direct financial loss but more about the impact on your life that can’t easily be given a price tag. Examples include:
- Pain and suffering: This is for the physical pain and emotional distress you’ve experienced and will continue to experience because of the injury.
- Loss of consortium: This refers to the negative impact on the relationship with your spouse or partner due to your injury, including loss of companionship or inability to maintain a sexual relationship.
- Emotional distress: Similar to pain and suffering, this covers the psychological impact of your injury, like anxiety, depression, and trauma.
03 Punitive Damages
Unlike the first two types, punitive damages aren’t about compensating you for your losses. Instead, they’re meant to punish the person who caused your injury if their actions were especially harmful or reckless and to deter them and others from similar behavior in the future. In Texas, there are specific rules and limits on when these can be awarded and how much can be given.
