Serious Injuries Happen in Fort Worth For Too Often
According to statistics reported by the Texas Department of Transportation (TxDOT), nearly 15,000 motor vehicle accidents were reported in Fort Worth alone. Those accidents resulted in 130 deaths and thousands more who were injured. If you look at Tarrant County as a whole, the number was just under 31,000 with a total of 227 deaths. The numbers are astronomically high. The Fort Worth personal injury attorneys at Varghese Summersett Injury Law Group are experienced in holding individuals and insurance companies responsible for the devastation these wrecks leave in their wake.
Have you or someone you love been injured in a personal injury accident in Fort Worth?
North Texas is home to some of the most dangerous highways and roadways in the entire nation. According to data from the National Highway Traffic Safety Administration (NHTSA), Texas has one of the highest rates of motor vehicle fatalities in the United States. In 2020, the state reported 3,722 deaths resulting from motor vehicle crashes, which was the second-highest number of fatalities among all states.
Personal Injury Cases Provide Legal Remedies
Personal injury laws exist to provide a legal remedy for individuals who have been harmed as a result of someone else’s negligence or intentional misconduct. These laws allow injured individuals to seek compensation for their losses, which can include medical expenses, lost wages, and damages for pain and suffering.
The primary purpose of personal injury laws is to provide a way for injured individuals to seek justice and recover compensation for their losses. These laws also serve as a deterrent to potential wrongdoers by establishing that there are consequences for actions that cause harm to others. By holding wrongdoers accountable, personal injury laws help to promote safety and prevent harm to others.
Fort Worth Personal Injury Attorneys Are Here to Help
The Fort Worth personal injury lawyers at Varghese Summersett Injury Law Group are adept at helping individuals who have been injured due to the negligence or wrongful conduct of another party. We have years of experience:
- Investigating accidents: Our personal injury accident lawyers gather evidence to determine who was responsible for the accident and the extent of the client’s injuries.
- Advising our clients: Our lawyers will provide you with legal guidance, including information about the client’s rights and potential avenues for recovery.
- Filing a claim: We will draft and file a personal injury claim on your behalf, seeking compensation for your losses.
- Negotiating with insurance companies: In many cases, personal injury claims are resolved through negotiation with the insurance company of the responsible party. Our Fort Worth personal injury attorney will negotiate on behalf of the client to try to reach a fair settlement.
- Representing our clients in court: If a settlement cannot be reached, we will represent the client in court and advocate for the client’s rights and interests.
What factors contribute to crashes in Fort Worth?
According to TxDOT, the most common reasons for vehicle accidents from 2015 to 2021 in passenger vehicles were:
- Following too Closely
- Driver Inattention
- Failing to Drive in a Single Lane and
- Changing Lanes when Unsafe.
For commercial motor vehicles over the same period, the top contributing factors for vehicle collisions were:
- Changing Lanes When Unsafe
- Failing to Drive in a Single Lane
- Driver Inattention and
- Faulty Evasive Action.
For both passenger and commercial vehicles, nearly a third of all accidents were due to speeding.
Fatal Accidents in and Around Fort Worth
Between 2018 and 2020, Tarrant County had 493 fatal accidents. Of those 105 were related to drunk driving, 43 were related to distracted driving, 176 were speed related and the most deadly roadway was I-20, accounting for 32 deaths.
Understanding Personal Injury Claims in Texas
Texas follows a modified comparative negligence standard for personal injury claims. This means that if an individual is partially at fault for their own injury, their recovery will be reduced by the percentage of fault attributed to them.
For example, if an individual is involved in a car accident and it is determined that they were 20% at fault, any compensation they receive for their injuries will be reduced by 20%. However, if their percentage of fault is equal to or greater than 50%, they are not entitled to recover any damages.
This standard is a departure from the traditional “pure” comparative negligence standard, which would allow an individual to recover damages even if they were 99% at fault for their own injury. The modified comparative negligence standard in Texas provides a balance between holding individuals responsible for their actions and providing a remedy for those who have been injured as a result of someone else’s negligence or wrongdoing.
Damages Secured by Our Fort Worth Personal Injury Attorneys
In a Texas personal injury claim, a person may be able to recover various types of damages, including:
- Medical expenses: Reimbursement for the cost of medical treatment related to the injury, including hospital bills, doctor visits, and rehabilitation.
- Lost wages: Compensation for income lost as a result of the injury and time missed from work.
- Pain and suffering: Damages intended to compensate for physical and emotional distress suffered as a result of the injury.
- Property damage: Reimbursement for the cost of repairing or replacing any personal property damaged in the accident.
- Loss of consortium: Compensation for the loss of companionship, support, and affection that may result from a serious injury.
- Punitive damages: Damages intended to punish the responsible party and deter future similar conduct. These damages are awarded in rare cases where the defendant’s conduct was particularly outrageous or intentional.
Common Types of Personal Injury Accidents in Fort Worth
The most common types of personal injury accidents involving vehicles include:
- Car accidents: These accidents involve collisions between passenger vehicles, such as cars, trucks, and SUVs. They can occur as a result of driver error, road design defects, vehicle malfunctions, and other factors.
- Motorcycle accidents: These accidents often result in serious injuries or fatalities due to the lack of protection that motorcyclists have compared to drivers and passengers of other vehicles.
- Truck accidents: These accidents can be especially devastating due to the size and weight of commercial trucks. They can occur as a result of driver fatigue, inadequate training, or vehicle maintenance issues.
- Pedestrian accidents: These accidents occur when a pedestrian is struck by a vehicle. They can be caused by driver inattention, reckless driving, or pedestrian error.
- Bicycle accidents: These accidents often result in serious injuries due to the lack of protection that cyclists have compared to drivers and passengers of other vehicles.
- Bus accidents: These accidents can involve city buses, school buses, or other types of public transportation. They can occur as a result of driver error, vehicle malfunctions, or poor road conditions.
The lawyers at Varghese Summersett Injury law group aggressively pursue those responsible for injury or death in all of these areas.
What other types of losses occur in personal injury accidents?
- Psychological injuries: Car accidents can also result in psychological injuries, such as anxiety, depression, post-traumatic stress disorder (PTSD), and other mental health issues.
- Property damage: Car accidents can result in damage to one or more vehicles, as well as other property, such as fences, buildings, or other structures.
- Lost income: Car accidents can result in lost income if an individual is unable to work due to their injuries or the time they need to take off for medical appointments.
- Pain and suffering: Car accidents can result in physical and emotional pain and suffering, which can have a significant impact on an individual’s quality of life.
What types of physical injuries arise out of personal injury accidents?
- Medical expenses: Car accidents can result in significant medical expenses, including the cost of emergency medical treatment, surgery, rehabilitation, and ongoing medical care.
- Physical injuries that can arise from personal injury accidents can vary depending on the type of accident and the severity of the impact. Some common types of physical injuries include:
- Whiplash: A common injury in car accidents, whiplash is caused by a rapid movement of the head and neck.
- Concussions and brain injuries: These can range from mild to severe and can occur as a result of a blow to the head or a sudden jolt during an accident.
- Fractures: Fractures can occur as a result of blunt force trauma or a sudden impact during an accident.
- Spinal cord injuries: These can range from sprains and strains to more serious injuries such as paralysis.
- Burn injuries: Burn injuries can occur as a result of fires or explosions.
- Soft tissue injuries: Soft tissue injuries, such as strains and sprains, can occur as a result of overuse or trauma to the muscles, tendons, or ligaments.
- Internal injuries: These can range from minor injuries such as bruises and contusions to more serious injuries such as organ damage or internal bleeding.
- Paralysis: Paralysis is a condition that results from damage to the spinal cord or the brain, causing a loss of movement or sensation in some or all of the body. Paralysis can occur as a result of a personal injury accident, such as a car accident, sports injury, or fall. The specific type of paralysis will depend on the location and severity of the injury. For example, if the injury occurs in the neck, it may result in quadriplegia, or paralysis of all four limbs. If the injury occurs in the lower back, it may result in paraplegia, or paralysis of the lower body. Paralysis can have a significant impact on an individual’s quality of life, and may require long-term medical treatment and care. If you have suffered a personal injury that has resulted in paralysis, it is important to seek medical attention as soon as possible, and to speak with a personal injury lawyer to learn more about your rights and options for compensation.
- Traumatic Brain Injury: TBI stands for Traumatic Brain Injury. It is a type of injury that can occur as a result of a blow to the head or a sudden jolt to the head during a personal injury accident, such as a car accident, slip and fall, or sports injury. TBI can range from mild to severe, and can have a range of symptoms, including headache, confusion, memory loss, difficulty speaking or walking, and changes in mood or behavior. In severe cases, TBI can lead to long-term or permanent disability, or even death. If you have been involved in an accident and suspect that you have suffered a TBI, it is important to seek medical attention as soon as possible. A medical professional can diagnose a TBI and provide appropriate treatment. If you have suffered a TBI as a result of another party’s negligence or wrongdoing, you may be entitled to compensation for your medical expenses, lost income, and other damages. If this is the case, it is important to speak with a personal injury lawyer who can help you navigate the legal process and protect your rights.
Our Fort Worth Personal Injury Attorneys Protect Your Rights After an Injury Accident
Central to what we do as Fort Worth Personal Injury Lawyers is protect your rights. This includes:
- The right to seek medical treatment: An injury victim has the right to seek medical treatment for their injuries, and to be compensated for the cost of that treatment.
- The right to compensation: An injury victim has the right to seek compensation for their medical expenses, lost income, pain and suffering, and other damages related to the accident.
- The right to a fair and just settlement: An injury victim has the right to a fair and just settlement, and to have their case evaluated on its merits rather than being unfairly disadvantaged by the legal system or insurance companies.
- The right to privacy: An injury victim has the right to privacy and confidentiality with respect to their personal information and medical records.
- The right to file a personal injury claim: An injury victim has the right to file a personal injury claim against the responsible party or parties in order to seek compensation for their damages.
- The right to be informed: An injury victim has the right to be informed about the status of their case, and to be kept informed about any settlement offers or other developments.
- The right to representation: An injury victim has the right to be represented by a personal injury lawyer who can help protect their rights and interests, and ensure that they receive a fair and just settlement.
No Fee Unless We Win
Hiring Varghese Summersett Injury Law Group doesn’t cost you anything on the front end – or anything at all – unless we win. Who you hire can make a massive difference in the outcome of your case – and the settlement or judgment that is ultimately secured. These days insurance companies are fighting harder and doing everything they can to delay making payments. It’s a numbers and timing game for them. This is not a game. Hospital bills, lost wages, pain, and suffering are life-changing. We will stand in your corner and in your stead to get you the justice you deserve.
What should you do if you’ve been in an accident in Fort Worth, TX
Being involved in a car accident can be a traumatic experience, but it is important to remain calm and follow a set of steps to protect your rights and interests. If you have been involved in a car accident in Texas, it is important to understand what you should do to ensure you are protected, and why you should not give any statements without talking to a lawyer.
Steps to follow after a car accident in Texas:
- Stop the vehicle and move to a safe place: If possible, move your vehicle to the side of the road or a safe location away from traffic. If you cannot move the vehicle, turn on your hazard lights to warn other drivers.
- Check for injuries and call 911: Check yourself and all passengers for injuries, and call 911 if anyone is injured or there is significant property damage. Do not move anyone who is unconscious or appears to be seriously injured.
- Exchange information with other drivers: Obtain the name, address, phone number, and insurance information of all other drivers involved in the accident. It is also helpful to obtain the make, model, and license plate number of the other vehicles involved.
- Document the scene: Take photos or videos of the scene, including the damage to the vehicles and the surrounding area, if possible.
- Contact your insurance company: Notify your insurance company as soon as possible to report the accident. Provide them with the information obtained from the other drivers and any documentation you have of the scene.
- Seek medical attention: If you or any passengers have been injured, seek medical attention as soon as possible. Even if you feel okay, it is important to have a doctor examine you to rule out any hidden injuries.
- Do not admit fault: It is important to not admit fault or blame yourself for the accident, even if you believe you may have caused it. The cause of an accident can be complex and is often determined through an investigation.
Why you should not give statements without talking to a lawyer
After a car accident, insurance companies may ask you to provide a statement about the accident. While you may believe you are simply providing information, anything you say can be used against you in a future legal case. An insurance company may try to use your statements to minimize their responsibility for paying claims, or to deny your claim altogether.
A personal injury lawyer can advise you on what to say to an insurance company and can negotiate on your behalf to ensure you receive the compensation you deserve. An attorney can also investigate the accident to determine the liable party and gather evidence to support your case.
Photos and Video at the Scene of an Accident
Taking photos and video after a car accident can be extremely helpful in establishing the facts of the accident and documenting the damage to the vehicles and the surrounding area. Here are several reasons why you should take pictures and video after an accident:
- Evidence: Photos and videos can provide visual evidence of the damage to the vehicles, road conditions, and other factors that may have contributed to the accident. This evidence can be used to support your insurance claim or a legal case.
- Accuracy: Photos and videos can capture a more accurate depiction of the scene than just relying on your memory. The visual evidence can help establish the facts of the accident and can be used to dispute any false claims made by the other drivers involved.
- Protection: Photos and videos can protect you from false claims or accusations made by the other drivers involved. For example, if another driver claims that you caused the accident, but photos or videos show that you had a green light, your visual evidence can help establish your innocence.
- Insurance claims: Insurance companies often require proof of damage in order to process a claim. Photos and videos of the damage can provide the necessary evidence to support your claim.
- Legal case: If you need to take legal action, photos and videos can be used as evidence in court to support your case.
It is important to take photos and videos from multiple angles and to include shots of the entire scene, including the surrounding area, traffic signals or signs, and any other factors that may have contributed to the accident. Make sure to also document any injuries or damage to personal property.
The Personal Injury Claim Process
The following is a general overview of the personal injury claim process our Fort Worth personal injury attorneys will assist you with:
- Gathering information: The first step in the personal injury claim process is to gather information about the accident, including the cause of the accident, the extent of your injuries, and the names and contact information of any witnesses.
- Seeking medical attention: If you have been injured, it is important to seek medical attention as soon as possible. This will not only help you receive the necessary treatment, but it will also create a record of your injuries that can be used in your claim.
- Contacting a personal injury lawyer: It is a good idea to contact a personal injury lawyer as soon as possible after the accident. A personal injury lawyer can advise you on your rights and help you navigate the claims process.
- Filing a claim: Your personal injury lawyer will file a claim on your behalf with the at-fault party’s insurance company. The claim will include a demand for compensation for your injuries and damages, such as medical expenses, lost wages, and pain and suffering.
- Negotiations: After the claim is filed, the insurance company may contact you to negotiate a settlement. A personal injury lawyer can help negotiate a fair settlement on your behalf.
- Litigation: If the insurance company is not willing to offer a fair settlement, your personal injury lawyer may file a lawsuit on your behalf. This can lead to a trial, where a judge or jury will hear evidence and determine the outcome of the case.
- Settlement or verdict: If the case settles out of court, you will receive a settlement for your injuries and damages. If the case goes to trial and you win, you will receive a verdict in your favor, and the at-fault party will be required to pay you compensation for your injuries and damages.
The personal injury claim process is complex and time-consuming. Working with a personal injury lawyer can help you receive the compensation you deserve and can simplify the process.
Our Consultations are Free; The Advice is Priceless
Our team is made up of top-notch personal injury lawyers, paralegals, case managers, and investigators. We are dedicated to securing the greatest level of justice for you.
If you or a loved one has suffered a loss, do not delay. Texas laws put a limitation on the time when you can make a claim.
You pay nothing unless we win.
Our personal injury lawyers work on a contingency basis. This means you pay nothing unless we win. Not only are we not compensated unless we win, but we also bear the expenses of pursuing these cases until and unless we secure a recovery for you.
Frequently Asked Questions
If you are injured in an accident with a driver who does not have insurance in Texas, you may still be able to recover compensation for your damages. There are several options available to you, including:
Uninsured motorist coverage: If you have uninsured motorist coverage on your own insurance policy, you may be able to file a claim with your own insurance company to recover compensation for your damages.
Personal assets: If the other driver is found to be at fault, you may be able to sue them directly to recover compensation. However, this may be difficult if the other driver does not have the financial resources to pay your damages.
Underinsured motorist coverage: If the other driver has some insurance coverage, but it is not enough to cover your damages, you may be able to recover additional compensation through your underinsured motorist coverage.
Our experienced personal injury lawyer can help you understand your options and determine the best course of action for your particular situation.
If your vehicle is declared a total loss after a car accident, it means that the cost of repairing the damage is greater than the actual cash value of the vehicle. In this situation, the insurance company will usually provide you with a settlement for the actual cash value of the vehicle, which is typically determined by subtracting the deductible from the pre-accident value of the vehicle.
Once you have received a settlement from the insurance company, you have the option to use the money to purchase a replacement vehicle or keep the money for other expenses.
It is important to review the settlement offer from the insurance company carefully to ensure that it accurately reflects the actual cash value of your vehicle. If you disagree with the settlement offer, our personal injury lawyer can walk you through how to dispute their evaluation.
Keep in mind that if you have a loan or lease on your vehicle, the settlement from the insurance company may not be enough to pay off the balance. Our experienced personal injury lawyer can help you understand your rights and options in this situation.
The value of an auto accident claim can be affected by several factors, including:
- Severity of injuries: The more serious your injuries, the higher the value of your claim will be.
- Medical expenses: Your medical expenses, including past and future costs, will play a significant role in determining the value of your claim.
- Lost wages: If you have missed work due to your injuries, you may be eligible for compensation for lost wages.
- Pain and suffering: You may be eligible for compensation for physical and emotional pain and suffering.
- Property damage: If your vehicle or other personal property was damaged in the accident, you may be eligible for compensation to repair or replace it.
- Liability: The value of your claim may be affected by who is deemed responsible for the accident.
- Insurance coverage: The insurance coverage of the parties involved in the accident will also impact the value of your claim.
- Jurisdiction: The laws and procedures in the state where the accident occurred may also affect the value of your claim.
If you are injured in an auto accident, there are several steps you should take to protect your health and your rights:
- Seek medical attention: Seek medical attention immediately. This will ensure that you receive proper treatment for your injuries and will also create a record of your injuries. Follow your medical provider’s advice. If you don’t know who to turn to, our Fort Worth personal injury attorney can help you get treatment.
- Report the accident: Report the accident to the police and your insurance company as soon as possible. Make sure to obtain a copy of the police report.
- Document the accident: Take photos of the vehicles involved, the road conditions, and any other relevant evidence. Get the contact information of any witnesses.
- Keep track of expenses: Keep track of any expenses related to the accident, including medical bills, property damage, and lost wages.
- Bring on the best personal injury attorney: We will help you navigate the complex legal process, negotiate with insurance companies, and ensure that you receive fair compensation for your injuries.
- Do not accept any settlement offers without first consulting with an attorney: Insurance companies often try to settle claims quickly and for as little as possible. An attorney can help you determine the full value of your claim and negotiate a fair settlement on your behalf.
Our Fort Worth personal injury lawyer can provide several benefits, including:
- Knowledge of the law: Personal injury lawyers are experts in the field of personal injury law and have a deep understanding of the legal process and your rights.
- Experience negotiating with insurance companies: Insurance companies are for-profit organizations and may not have your best interests in mind. An experienced personal injury lawyer can help you navigate the negotiation process and ensure that you receive a fair settlement.
- Access to resources: Personal injury lawyers have access to a network of experts, including medical experts and accident reconstruction specialists, who can help build a strong case on your behalf.
- Help with filing a lawsuit: If a settlement cannot be reached, a personal injury lawyer can help you file a lawsuit and represent you in court.
- No upfront costs: Most personal injury lawyers work on a contingency fee basis, which means that you do not have to pay any fees unless you recover compensation.
A contingency fee means that our attorneys do not bill by the hour or impose flat fees. It also means we receive no payment or reimbursement unless we win and you receive compensation. The contingency fee means that you can have the best attorneys on your side – if fact, you can’t afford not to.
In Texas, the statute of limitations for filing a personal injury claim is two years from the date of the injury. This means that you have two years from the date of the accident to file a lawsuit seeking compensation for your injuries. If you fail to file within this time frame, you may be barred from recovering compensation, even if you have a valid claim.
It is important to note that the statute of limitations may be different for certain types of personal injury cases, such as those involving minors or claims against the government. An experienced personal injury lawyer can help you understand the specific time frame for your claim and ensure that you meet all relevant deadlines.
UM (Uninsured Motorist) and UIM (Underinsured Motorist) coverage are types of car insurance in Texas that protect drivers in the event they are injured in an accident with a driver who either has no insurance or not enough insurance to cover their damages.
Uninsured motorist coverage provides compensation if you are involved in an accident with a driver who does not have insurance. It covers medical expenses, lost wages, and other damages related to the accident, up to the limit of your policy.
Underinsured motorist coverage provides compensation if you are involved in an accident with a driver who has some insurance, but not enough to cover your damages. This coverage can be used to cover the difference between the other driver’s insurance coverage and the amount of your damages.
In Texas, uninsured and underinsured motorist coverage are not mandatory, but they can be added to your car insurance policy for an additional premium. It is important to review your insurance policy and consider purchasing uninsured and underinsured motorist coverage to protect yourself in the event of an accident with an uninsured or underinsured driver.
“Modified comparative negligence” is a legal doctrine used in some states, including Texas, to determine fault and allocate damages in personal injury cases.
Under this doctrine, the amount of compensation a person can receive for their injuries is reduced in proportion to the degree of fault they are found to have in causing the accident. If a person is found to be 50% or more at fault, they may be barred from recovering any compensation.
For example, if a person is involved in a car accident and is found to be 40% at fault, the amount of compensation they can receive will be reduced by 40%. If the total damages are $100,000, they would be eligible to recover $60,000 ($100,000 x (100% – 40%)).
The application of the modified comparative negligence doctrine can be complex, and it is important to have an experienced personal injury lawyer review your case to determine your rights and options for recovery.
When speaking with the police, be truthful about what happened. Do not admit fault or make any statements that could be interpreted as an admission of fault.
The best way to find out if we will take your case is to give us a call at (817) 207-4878. We will discuss the loss, getting you into treatment if needed, liability and how to best seek justice for you. The consultation is free.
If you’re in the hospital or otherwise unable to travel, give us a call. We will come to you wherever you are.