Contents

›››

    Table of Contents

      Varghese Summersett Background

      Dallas Spinal Cord Injury Lawyer | Varghese Summersett

      A spinal cord injury can change your life in an instant. These catastrophic injuries often mean permanent disability, hundreds of thousands in medical bills, and the loss of your ability to work. If someone else’s negligence caused your injury in Dallas, you deserve full compensation for every loss you’ve suffered.

      At Varghese Summersett, our Dallas spinal cord injury lawyers fight for clients facing life-altering injuries. We understand what’s at stake. These cases require aggressive representation and a team willing to stand up to insurance companies that would rather pay pennies on the dollar than what you truly need.

      Common Causes of Spinal Cord Injuries in Dallas

      Spinal cord injuries happen in many ways, but the most common causes we see in Dallas involve preventable accidents where someone failed to act with reasonable care.

      Motor vehicle accidents are the leading cause. High-speed collisions on Interstate 35E, LBJ Freeway, or Central Expressway can generate forces strong enough to fracture vertebrae and damage the spinal cord. Commercial truck accidents are particularly dangerous because of the weight and momentum involved.

      Falls from height cause many spinal cord injuries at construction sites, warehouses, and industrial facilities throughout Dallas County. When property owners or employers fail to provide safe working conditions or proper fall protection, workers can suffer devastating consequences.

      Workplace accidents at Dallas manufacturing plants, oil and gas facilities, and construction sites can involve heavy machinery, falling objects, or explosions that damage the spine. Sports injuries, acts of violence, and medical malpractice also cause spinal cord damage.

      The common thread in all these cases is negligence. Someone failed to do what they should have done, and you’re paying the price.

      Understanding Spinal Cord Injury Severity

      Not all spinal cord injuries are the same. The location and extent of damage determines what functions you’ll lose and what your life will look like going forward.

      Complete spinal cord injuries mean you’ve lost all feeling and movement below the injury site. An injury at the cervical level (neck) typically causes quadriplegia, meaning paralysis of all four limbs. Injuries to the thoracic, lumbar, or sacral regions cause paraplegia, meaning paralysis below the waist.

      Incomplete spinal cord injuries leave some function intact. You might have limited movement or sensation below the injury. The American Spinal Injury Association (ASIA) scale grades incomplete injuries from A (complete loss of function) to E (normal function). Even incomplete injuries can be devastating and require extensive medical care.

      The level of injury determines what medical equipment and home modifications you’ll need. High cervical injuries often require ventilators and 24-hour attendant care. Lower injuries might allow more independence but still require wheelchairs, catheterization, and ongoing therapy.

      The True Cost of a Spinal Cord Injury

      Medical bills tell only part of the story. The National Spinal Cord Injury Statistical Center estimates that a 25-year-old with a high cervical injury will face lifetime costs exceeding $5 million. For any spinal cord injury, first-year costs can easily reach $1 million.

      Immediate medical expenses include emergency transport, surgery to stabilize the spine, intensive care, and initial rehabilitation. Most spinal cord injury victims spend weeks or months in the hospital. Surgery to remove bone fragments, repair damaged vertebrae, or relieve pressure on the spinal cord is often necessary.

      Long-term medical costs never stop. You’ll need ongoing physical therapy, occupational therapy, and regular doctor visits. Prescription medications for pain, spasticity, and secondary conditions add up quickly. Durable medical equipment like wheelchairs, hospital beds, and lifting devices must be replaced every few years.

      Home modifications become necessary. You might need ramps, widened doorways, roll-in showers, and other accessibility features. Many spinal cord injury victims must move to a different home entirely because their current residence can’t be modified adequately.

      Lost income compounds the financial damage. Most spinal cord injury victims can’t return to their previous jobs. Some can’t work at all. When calculating damages, we consider not just past lost wages but your entire future earning capacity.

      The emotional toll can’t be measured in dollars, but Texas law allows recovery for pain and suffering, loss of enjoyment of life, mental anguish, and loss of companionship. These non-economic damages matter.

      Injured? We Can Help

      Types of Compensation Available in Dallas Spinal Cord Injury Cases

      Under Texas law, you can recover both economic and non-economic damages when someone’s negligence causes a spinal cord injury.

      Economic damages include all financial losses you can document with bills and receipts. Medical expenses are the most obvious category. This covers everything from the ambulance ride and emergency surgery to years of future medical care. We work with life care planners who calculate exactly what your injury will cost over your lifetime.

      Lost wages include any income you’ve already missed because of your injury. Future lost earning capacity covers the income you would have earned for the rest of your working life. For a young person with decades of potential earnings ahead, this number can exceed millions of dollars.

      Property damage counts if the accident destroyed your vehicle or other belongings. Home modification costs and assistive devices are economic damages. Even travel expenses to medical appointments can be recovered.

      Non-economic damages compensate for losses that don’t have a price tag. Physical pain and suffering includes the immediate trauma and ongoing discomfort of your injury. Mental anguish covers depression, anxiety, PTSD, and the psychological impact of losing your independence.

      Loss of enjoyment of life means you can no longer do activities you once loved. If you were a runner and now use a wheelchair, that loss matters. Disfigurement and physical impairment are separate categories of non-economic damages under Texas law.

      In rare cases involving gross negligence or intentional misconduct, Texas allows punitive damages. These are meant to punish the defendant and deter similar conduct in the future. Texas Civil Practice and Remedies Code § 41.008 caps punitive damages at twice the economic damages plus non-economic damages up to $750,000, or $200,000, whichever is greater.

      Get the compensation you deserve. Our Dallas spinal injury lawyers know how to value these complex claims and fight for every dollar you need. Attorney Damian Williams has significant case achievements involving spinal cord injuries, including six-figure settlements in oilfield explosions and catastrophic auto and trucking cases.

       How Fault and Liability Work in Texas

      Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001 . This means you can recover damages even if you were partially at fault for the accident, as long as your fault doesn’t exceed 50%.

      If a jury finds you 20% at fault and the defendant 80% at fault, you can still recover damages. But your award will be reduced by your percentage of fault. If your total damages are $1 million and you’re found 20% at fault, you’ll receive $800,000.

      The 51% bar matters. If you’re found 51% or more at fault, you recover nothing. Insurance companies know this rule and will do everything possible to shift blame onto you. They’ll point to any small mistake you made and argue you’re mostly responsible for your own injuries.

      Multiple parties can share liability. In a truck accident that caused your spinal injury, potential defendants might include the truck driver, the trucking company, the vehicle manufacturer, the company that loaded the cargo, and the entity responsible for road maintenance. Each defendant’s share of fault affects how much you can collect from them.

      Our Dallas attorneys investigate every angle to identify all responsible parties and prove the full extent of their negligence.

      The Claims Process After a Dallas Spinal Cord Injury

      The path from injury to compensation is long and complex. Understanding what to expect helps you prepare for the road ahead.

      After your accident, focus on medical treatment first. Get to a hospital immediately. Spinal cord injuries require emergency intervention to prevent further damage. Follow every doctor’s recommendation. Gaps in treatment give insurance companies ammunition to argue your injuries aren’t as severe as you claim.

      Document everything. Take photos of the accident scene if possible. Get contact information from witnesses. Keep every medical bill, receipt, and document related to your injury. This evidence becomes the foundation of your claim.

      Insurance companies will contact you quickly, often within days of your accident. They sound friendly and concerned. They’ll offer to “help” by taking your statement or proposing a quick settlement. Don’t talk to them without a lawyer. Everything you say will be used to minimize your claim.

      Initial settlement offers are almost always far below what your case is worth. Insurance adjusters bank on injured victims not understanding the full value of their claims. They know you’re facing mounting medical bills and lost income. They hope you’ll accept their lowball offer out of desperation.

      Filing a lawsuit becomes necessary when the insurance company won’t offer fair compensation. Under Texas Civil Practice and Remedies Code § 16.003, you have two years from the date of injury to file a personal injury lawsuit. This deadline is strict. Miss it and you lose your right to compensation forever.

      The discovery phase involves both sides exchanging information. We’ll send interrogatories (written questions), requests for documents, and take depositions (recorded testimony under oath). This process can take months or even years in complex cases.

      Most cases settle before trial. Once the insurance company realizes we’re prepared to take the case to a jury, they often become more reasonable in negotiations. But we prepare every case as if it will go to trial because that’s the only way to get maximum value.

      If the case does go to trial, a Dallas County jury will hear the evidence and decide fault and damages. Trials can last days or weeks depending on complexity. Our team has extensive trial experience and isn’t afraid to take a case all the way if that’s what it takes to get you justice.

      Get the Compensation You Deserve

      Why Insurance Companies Fight Spinal Cord Injury Claims

      Insurance companies are businesses. Their profit depends on collecting premiums and paying out as little as possible in claims. Spinal cord injury claims represent their worst-case scenario because the damages are so high.

      Their first strategy is delay. They’ll ask for more documentation, schedule multiple medical examinations, and drag out the investigation. Meanwhile, you’re struggling with medical bills and no income. They hope financial pressure will force you to accept a low settlement.

      Surveillance is common in high-value cases. The insurance company might hire investigators to follow you and record your activities. They’re looking for any evidence that your injuries aren’t as severe as you claim. A photo of you reaching for something on a high shelf could be twisted to suggest you don’t really need that wheelchair.

      Independent medical examinations are rarely independent. The insurance company sends you to a doctor they’ve hired specifically to minimize your injuries. These doctors often downplay symptoms and suggest you don’t need the level of care your treating physicians recommend.

      They’ll challenge causation, arguing that your catastrophic injury was pre-existing or caused by something other than the accident. They’ll dig through your medical records looking for any prior back pain or injury, then claim your current condition isn’t the defendant’s fault.

      Insurance companies also use comparative negligence as a weapon. They’ll argue you were texting, speeding, or distracted. Even if their insured ran a red light, they’ll try to shift some blame onto you to reduce what they have to pay.

      Having experienced legal representation levels the playing field. We know these tactics because we’ve seen them in hundreds of cases. We counter each strategy with solid evidence, expert testimony, and aggressive advocacy.

      What Makes Spinal Cord Injury Cases Different

      These cases are more complex than typical personal injury claims because the stakes are so much higher and the medical issues so complicated.

      Life care planning requires working with medical experts who can project your future needs with accuracy. We consult with physiatrists, rehabilitation specialists, and economists who calculate the true cost of your care over your lifetime. Without this analysis, you might settle for far less than you actually need.

      Proving future damages means showing the jury not just what you’ve lost so far, but what you’ll lose for decades to come. We use day-in-the-life videos, testimony from your family, and vocational experts who explain why you can’t return to your previous career.

      Multiple defendants often share responsibility. In a construction site accident that caused a spinal injury, liability might rest with the general contractor, a subcontractor, an equipment manufacturer, and the property owner. Identifying and pursuing all responsible parties maximizes your potential recovery.

      Settlement timing matters more in spinal cord injury cases. You don’t want to settle before reaching maximum medical improvement because you might not know the full extent of your damages. But you also can’t wait forever because you need money now for medical care and living expenses. Structured settlements can sometimes provide the best of both worlds.

      What to Expect From Varghese Summersett

      Our Dallas personal injury team includes attorneys and legal professionals with deep experience in catastrophic injury cases. We’ve helped clients throughout Texas recover compensation for life-changing injuries.

      When you hire us, we start investigating immediately. We visit the accident scene, interview witnesses, and preserve evidence before it disappears. We consult with accident reconstruction experts who can show exactly how the incident occurred and who was at fault.

      Medical documentation is our priority. We work with your doctors to fully document your injuries and prognosis. We arrange consultations with specialists if needed. We make sure your medical records clearly show the connection between the accident and your spinal cord injury.

      We handle communication with insurance companies so you can focus on recovery. You won’t have to deal with pushy adjusters or respond to their questions. Every communication goes through us. We know what they’re looking for and how to protect your interests.

      We work on contingency, meaning you pay nothing unless we recover compensation for you. Our fee comes from the settlement or verdict, not from your pocket. This arrangement allows you to hire experienced attorneys even when you’re facing financial hardship.

      Find out what your case is worth. Call our Dallas office today at (214) 903-4000.

      Take the First Step With a Free Consultation

      Protecting Your Rights After a Spinal Cord Injury

      The decisions you make in the days and weeks after your injury can affect your case for years to come.

      Get medical attention immediately and follow your treatment plan exactly. Missing appointments or refusing recommended treatments gives insurance companies reason to question the severity of your injuries. If you can’t afford treatment, tell your lawyer. We can often arrange for medical providers to defer payment until your case settles.

      Don’t sign anything from the insurance company without having a lawyer review it first. Many documents are designed to limit your rights or get you to accept responsibility for the accident. Once you sign, it’s hard to undo the damage.

      Be careful what you post on social media. Insurance companies monitor Facebook, Instagram, and other platforms looking for posts that contradict your injury claims. A photo of you smiling at a family gathering doesn’t mean you’re not in pain, but the insurance company will use it to argue you’re exaggerating your injuries.

      Keep detailed records of how your injury affects your daily life. Write down your pain levels, limitations, and frustrations. Note activities you can no longer do. This journal becomes powerful evidence when it’s time to prove non-economic damages.

      Don’t discuss your case with anyone except your lawyer. Anything you say to friends, family, or coworkers could potentially be used against you. Well-meaning friends might give you bad advice based on misconceptions about personal injury law.

      Report the accident to the proper authorities if you haven’t already. For car accidents, file a police report. For workplace injuries, report it to your employer. For premises liability cases, notify the property owner in writing.

      Common Questions About Dallas Spinal Cord Injury Cases

      How long do I have to file a lawsuit in Texas?

      You have two years from the date of injury under Texas Civil Practice and Remedies Code § 16.003. This statute of limitations is strict. If you miss the deadline, you lose your right to sue forever, regardless of how strong your case is. Some exceptions exist for injuries to minors or cases involving government entities, but you should never rely on exceptions. Contact a lawyer as soon as possible after your injury.

      What if I can’t afford a lawyer?

      Most personal injury lawyers, including our team at Varghese Summersett, work on contingency. This means we don’t charge any upfront fees or hourly rates. We only get paid if we win your case, and our fee comes from the recovery. If we don’t win, you owe us nothing. This arrangement gives everyone access to experienced legal representation regardless of their financial situation.

      How much is my spinal cord injury case worth?

      Every case is different. The value depends on the severity of your injury, your age, your earning capacity, the extent of your medical needs, and the strength of the evidence against the defendant. Complete cervical spinal cord injuries often result in multi-million dollar settlements or verdicts. Less severe injuries might still be worth hundreds of thousands or millions depending on the facts. We offer free consultations where we can review your specific situation and give you a realistic assessment.

      Will my case go to trial?

      Most cases settle before trial, but you should be prepared for the possibility. Insurance companies often make their best settlement offers only after seeing that you’re serious about going to trial. We prepare every case as if it will go before a jury because that preparation leads to better settlement offers. If the insurance company won’t offer fair compensation, we’re ready to take the case all the way.

      What if the person who injured me doesn’t have insurance?

      You might still have options. Check your own auto insurance policy for uninsured/underinsured motorist coverage. This coverage pays when the at-fault party lacks adequate insurance. If the accident happened at work, workers’ compensation might apply. In some cases, multiple parties share liability, and even if one defendant is uninsured, others might have coverage. An experienced lawyer can identify all potential sources of recovery.

      Schedule Your Free Consultation Today

      Spinal cord injuries demand immediate action and experienced representation. The insurance company is already building its defense. You need a legal team that knows how to fight back.

      At Varghese Summersett, we’ve built our reputation on aggressive advocacy for clients facing catastrophic injuries. Our Dallas spinal cord injury lawyers have the resources, experience, and trial skills to take on the toughest cases.

      Don’t settle for less than you deserve. Call us at (214) 903-4000 for a free consultation. We’ll review your case, answer your questions, and explain your legal options. You pay nothing unless we win.

      Benson Varghese is the founder and managing partner of Varghese Summersett, where he has built a distinguished career championing the underdog in personal injury, wrongful death, and criminal defense cases. With over 100 jury trials in Texas state and federal courts, he brings exceptional courtroom experience and a proven record with Texas juries to every case.

      Under his leadership, Varghese Summersett has grown into a powerhouse firm with dedicated teams across three core practice areas: criminal defense, family law, and personal injury. Beyond his legal practice, Benson is recognized as a legal tech entrepreneur as the founder of Lawft and a thought leader in legal technology.

      Benson is also the author of Tapped In, the definitive guide to law firm growth that has become essential reading for attorneys looking to scale their practices.

      Benson serves as an adjunct faculty at Baylor Law School.

      Related Articles

      Felony Murder in Texas

      What is Felony Murder in Texas? [2022]

      If you ask someone to define murder in Texas, they will usually say it’s intentionally taking someone’s life – often…

      dread pirate roberts pardoned

      Dread Pirate Roberts: Silk Road Creator to Presidential Pardon

      Ross Ulbricht, better known by his online pseudonym “Dread Pirate Roberts” (DPR), created what became the most sophisticated and extensive…

      auto insurance in texas

      Auto Insurance in Texas: Comprehensive Guide

      Auto Insurance in Texas: A Comprehensive Guide In Texas, as in many other states, drivers are required by law to…