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Lawyers Team
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.
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.
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.
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.
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.
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.