If you’ve been hurt in a Houston accident, you may be facing medical bills, lost income, and pain that makes it hard to think about anything else. An experienced Houston accident lawyer can help you pursue the compensation you deserve while you focus on healing.
At Varghese Summersett, we represent people injured in car crashes, truck wrecks, motorcycle collisions, and other serious accidents throughout the Houston area. Our injury attorneys fight to hold negligent parties accountable and recover full compensation for your injuries, lost wages, and suffering.
Why You Need a Houston Accident Lawyer
After an accident, insurance companies move fast. They send adjusters to investigate, record statements, and often push quick settlements that don’t come close to covering your actual losses. Without legal representation, you’re at a significant disadvantage.
A skilled accident attorney levels the playing field. We handle the insurance companies, investigate your accident, gather evidence, and build the strongest possible case for compensation. You shouldn’t have to fight for fair treatment while recovering from serious injuries.
Texas follows a modified comparative negligence rule under Texas Civil Practice and Remedies Code § 33.001. This means you can still recover damages even if you were partially at fault, as long as your responsibility doesn’t exceed 50%. However, your recovery will be reduced by your percentage of fault. Insurance companies use this rule to minimize payouts by inflating your share of blame.
Types of Accident Cases We Handle in Houston
Houston’s massive freeway system, heavy traffic, and mix of commercial vehicles create dangerous conditions every day. Our injury lawyers handle cases involving:
- Car accidents including rear-end collisions, intersection crashes, highway pileups, and hit-and-run incidents
- Truck accidents involving 18-wheelers, delivery trucks, and commercial vehicles
- Motorcycle accidents often resulting in severe or catastrophic injuries
- Rideshare accidents involving Uber and Lyft vehicles
- Pedestrian and bicycle accidents
- Drunk driving accidents
- Wrongful death claims when negligence causes fatal injuries
Each type of accident presents unique challenges. Truck crashes, for example, often involve multiple liable parties including the driver, trucking company, cargo loaders, and vehicle manufacturers. Our attorneys know how to investigate these complex cases and identify every source of compensation available to you.
What Compensation Can You Recover?
Texas law allows accident victims to recover both economic and non-economic damages. The specific compensation available depends on your injuries, their impact on your life, and the circumstances of your accident.
Economic Damages
Economic damages cover your measurable financial losses. These include past and future medical expenses such as emergency treatment, surgeries, hospitalization, physical therapy, medications, and ongoing care. You can also recover lost wages from time missed at work and loss of earning capacity if your injuries prevent you from returning to your previous job or career.
Property damage to your vehicle and other belongings is also recoverable, along with out-of-pocket expenses related to your injuries.
Non-Economic Damages
Non-economic damages compensate for losses that don’t have a clear dollar amount. Physical pain and suffering, mental anguish, and emotional distress are all compensable. Loss of enjoyment of life, disfigurement, scarring, and loss of consortium (the impact on your relationship with your spouse) may also be included.
If you need help understanding what your case might be worth, talk to an accident lawyer about your specific situation. Our consultations are free.
How Fault Works in Texas Accident Cases
Texas is an “at-fault” state for car accidents. This means the person who caused the accident (or their insurance company) is responsible for paying damages to injured victims. You generally have three options for pursuing compensation: filing a claim with the at-fault driver’s insurance, filing a claim with your own insurance under uninsured/underinsured motorist coverage, or filing a personal injury lawsuit.
Under Texas Civil Practice and Remedies Code § 33.003, if you’re found partially at fault, your compensation is reduced proportionally. If you’re more than 50% responsible, you cannot recover anything. Insurance adjusters often try to shift blame onto victims to reduce what they have to pay. Having an attorney protects you from these tactics.
Proving Liability
To win your accident case, we must prove four elements: the other party owed you a duty of care, they breached that duty through negligent or reckless conduct, their breach caused your accident, and you suffered actual damages as a result.
Evidence that supports your claim includes police reports, witness statements, photographs from the accident scene, traffic camera footage, vehicle damage documentation, medical records, and expert testimony when necessary. We begin gathering this evidence immediately because critical information can disappear quickly after an accident.
What Affects the Value of Your Case
No two accident cases are exactly alike. Several factors influence how much compensation you may recover.
The severity of your injuries matters significantly. Catastrophic injuries like traumatic brain injuries, spinal cord damage, or amputations typically result in higher settlements because they require extensive treatment and often cause permanent disability. The duration and extent of your medical treatment, whether you required surgery, and whether you’ll need ongoing care all factor into your case value.
How the accident affects your ability to work is another major consideration. If you can’t return to your job or had to take a lower-paying position because of your injuries, those lost earnings are recoverable. Evidence of pain and suffering, including how your injuries have affected your daily life and relationships, also increases case value.
The strength of evidence proving the other party’s fault plays a role too. Clear liability with strong evidence makes it harder for insurance companies to dispute your claim. Finally, the at-fault party’s insurance coverage limits may cap what’s available, though our attorneys look for all possible sources of recovery.
The Claims Process After a Houston Accident
After you hire an attorney, we take over communication with insurance companies and begin building your case. Here’s what to expect.
Investigation and Evidence Gathering
We investigate your accident thoroughly, collecting police reports, witness statements, photographs, video footage, and medical records. For truck accidents, we may subpoena the trucking company’s records including driver logs, maintenance records, and black box data. We often work with accident reconstruction experts to establish exactly what happened.
Medical Treatment Documentation
Your medical records form the foundation of your damages claim. We coordinate with your healthcare providers to ensure complete documentation of your injuries, treatment, and prognosis. Follow your doctor’s treatment plan carefully, as gaps in treatment can be used against you.
Demand and Negotiation
Once we understand the full extent of your injuries and losses, we send a demand package to the insurance company outlining your case and the compensation you’re seeking. Most cases settle through negotiation, but we prepare every case as if it’s going to trial. Insurance companies know which attorneys will actually take cases to court, and that knowledge influences settlement offers.
Litigation if Necessary
If the insurance company won’t offer fair compensation, we file a lawsuit and pursue your case through the courts. Under Texas Civil Practice and Remedies Code § 16.003, you generally have two years from the date of your accident to file a personal injury lawsuit. Missing this deadline can bar you from recovering any compensation, so don’t wait to speak with an attorney.
Why Insurance Companies Fight Claims
Insurance companies are in business to make money. Every dollar they pay in claims reduces their profits. That’s why they employ teams of adjusters, investigators, and attorneys whose job is to minimize what they pay you.
Common tactics include offering quick lowball settlements before you know the full extent of your injuries, disputing the severity of your injuries or claiming they were pre-existing, arguing you were partially or fully at fault for the accident, delaying the claims process hoping you’ll get desperate and accept less, and requesting excessive documentation to frustrate and wear you down.
Our attorneys know these tactics and how to counter them. We deal with insurance companies every day and know what your case is actually worth. We won’t let them take advantage of you.
What to Do After a Houston Accident
The steps you take immediately after an accident can significantly impact your ability to recover compensation. If you’ve already made some mistakes, don’t worry. An attorney can still help. But if you’re reading this shortly after an accident, keep these points in mind.
Seek medical attention promptly, even if you feel fine. Some injuries don’t show symptoms immediately. A medical evaluation creates documentation linking your injuries to the accident. Document everything by taking photographs of the accident scene, vehicle damage, your injuries, and any relevant road conditions or traffic signals.
Report the accident to police and get a copy of the crash report. Exchange information with other drivers but avoid admitting fault or apologizing. Keep records of all expenses related to the accident, including medical bills, prescription costs, and receipts for any out-of-pocket expenses.
Most importantly, consult with an accident attorney before accepting any settlement offers or giving recorded statements to insurance adjusters. What you say can be used against you, and early settlement offers rarely reflect the true value of your claim.
What to Expect From Varghese Summersett
Our firm brings a unique combination of trial experience and legal knowledge to personal injury cases. With over 70 team members across four Texas offices (including Houston, Fort Worth, Dallas, and Southlake), we have the resources to take on complex accident cases against large insurance companies and corporations.
When you hire us, you get attorneys who will fight for every dollar you deserve. We take personal injury cases on a contingency fee basis, meaning you pay nothing upfront. Our fee comes from your settlement or verdict, so we only get paid if you do.
We keep you informed throughout the process and are always available to answer your questions. You’ll have direct access to your attorney, not just a paralegal or case manager.
Past results do not guarantee future outcomes, but our track record demonstrates our commitment to getting our clients the compensation they deserve.
If you’ve been injured in a Houston accident, let us fight for you. Call (281) 805-2220 for a free consultation.
Frequently Asked Questions
How long do I have to file an accident claim in Texas?
Under Texas law, you generally have two years from the date of your accident to file a personal injury lawsuit. However, you should contact an attorney as soon as possible. Evidence disappears, witnesses forget details, and insurance companies gain advantages the longer you wait. Starting early gives us the best chance to build a strong case.
What if the other driver doesn’t have insurance?
Texas has high rates of uninsured drivers. If you’re hit by someone without insurance, you may still have options. Your own uninsured/underinsured motorist coverage can provide compensation. We can also investigate whether other parties share liability for the accident.
How much is my Houston accident case worth?
Every case is different. Your case value depends on the severity of your injuries, your medical expenses, lost wages, pain and suffering, and the strength of evidence proving fault. During your free consultation, we can discuss the factors that affect your specific case and give you a realistic assessment of what you might recover.
Do I have to go to court?
Most accident cases settle without going to trial. However, we prepare every case as though it will go to court. This preparation strengthens our negotiating position and ensures we’re ready to fight for you if the insurance company won’t offer fair compensation.
What if I was partially at fault for the accident?
You can still recover compensation in Texas as long as you were not more than 50% responsible for the accident. Your damages will be reduced by your percentage of fault. For example, if you’re found 20% at fault and your damages total $100,000, you would recover $80,000. Insurance companies often exaggerate victims’ fault to reduce payouts, which is one reason having an attorney is so valuable.
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Don’t face the insurance companies alone. If you or a loved one has been injured in a Houston accident, call Varghese Summersett at (281) 805-2220 for a free consultation. We’re ready to fight for the compensation you deserve.
