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 Listen Because We Care
Personal injury cases hit home. We know that all too well. The personal injury attorneys at Varghese Summersett are here for you when the unexpected happens. Each Fort Worth personal injury lawyer on our team understands how someone else’s negligence can lead to a devastating loss. You will find that we listen because we care. We are also trial lawyers 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. We have done far more than putting millions of dollars into our clients’ pockets. We have changed the law in Texas, not because it was required of us. We did it because it was something that mattered to our client. We did it because the change in law will save countless lives in Texas. It’s not something we were paid to do. It’s something we did because it was the right thing to do.
We take a proactive, strategic, and innovative approach to negotiating every case. We are committed to securing the settlement you rightfully deserve. Should negotiations fail to resolve your claim, we are prepared to present your case to a judge, and our litigation team stands ready to file a personal injury lawsuit on your behalf.
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.
How Much Does an Experienced Personal Injury Attorney Cost in Texas?
Suffering an injury due to someone else’s negligence means your first priority is recuperating physically. Yet, you may be concerned about medical expenses and wonder how you will afford all this.
It is unjust for you to bear the financial responsibility of restoring your own well-being after someone else’s negligence led to your loss and injury. To address this, we work on a contingency basis – that means our clients regain their financial losses from the responsible party if we previal, without any upfront costs for you.
This agreement is even more appealing because our clients do not have to pay any legal fees unless we win the case.
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 should you do if you are injured? Advice from our personal injury lawyer
If you were injured in an accident, here are the steps you should follow:
- Move to Safety Immediately distance yourself from the hazard. For example, if an item struck you from a store shelf, relocate to a safer area of the store. If involved in a traffic accident, move yourself and your vehicle out of the flow of traffic, if possible.
- Self-Assessment Take a moment to assess your condition. Check your cognitive function and physical ability to move. Assess visible injuries like cuts, bruises, or possible fractures and decide whether it’s safer to move or better to wait for help.
- Call for Help Dial 911 to request both medical assistance and police presence at the scene. Describe any injuries or dangers so they can send adequate help. The police will document the incident officially.
- Seek Medical Attention Follow the guidance of responding emergency personnel regarding immediate medical care. Even if you do not require an ambulance, visit a healthcare provider promptly to diagnose and treat potential injuries that might not be immediately apparent due to adrenaline.
- Document the Scene If you are able to do so safely, take photographs or videos of the accident scene, any damages, and your injuries. Also, jot down notes about what happened while the details are still fresh in your mind.
- Gather Witness Information Collect contact details like names, phone numbers, and email addresses from anyone who witnessed the incident. Leave the detailed questioning to your attorney.
- Record Your Experiences Maintain a detailed record of your experiences post-accident. This can include symptom progression, changes in your emotional state, or any complications. Use written notes or voice recordings to capture this information.
- Consult with our Personal Injury Lawyer After addressing your immediate safety and health needs, contact our personal injury lawyer promptly to discuss your case. Our experienced lawyer can help gather essential evidence and guide you through the legal process to pursue any compensation you might be entitled to.
Key Factors When Hiring a Fort Worth Personal Injury Attorney
- Experience The effectiveness of a personal injury attorney often hinges on their experience. During your initial consultation, consider asking the following questions:
- How long have they practiced personal injury law?
- How many cases similar to yours have they handled?
- What is their trial experience?
- Have they earned any recognitions or awards from the legal community?
- Track Record Experience alone doesn’t guarantee a successful outcome. A lawyer’s track record can provide a more accurate indicator of their capability. Inquire about:
- Their success in securing significant settlements or verdicts.
- Any notable awards or recognitions they’ve received for their financial recoveries on behalf of clients.
- Communication Establishing a relationship of trust with your attorney is critical, and effective communication is a cornerstone of this trust. Key aspects to address include:
- How frequently the attorney updates their clients and the typical means of communication.
- The availability of their support staff to address queries and provide assistance.
- Their policy on providing regular updates on your case progress.
Choosing the right personal injury attorney involves assessing their experience, track record, and communication ability. This ensures you have a professional who is not only capable of managing your case proficiently but also knows exactly what you hope to achieve.
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.
