The devastating Memorial Day weekend tragedy at Grapevine Lake that claimed the life of 18-year-old Ava Moore presents multiple avenues for civil litigation and raises complex questions about liability, negligent entrustment, and insurance coverage. As the Moore family grieves the loss of their daughter — an Air Force Academy Preparatory School graduate weeks away from basic training — they face critical decisions regarding potential wrongful death and survival action claims.

In this article, our personal injury attorneys explain the legal implications surrounding the Grapevine Lake accident, including who may be held liable, the potential for wrongful death and survival action claims, the challenges involved in securing compensation in boating and jet ski incidents and what steps grieving families should take to protect their rights and pursue justice.

What Happened on Grapevine Lake?

On May 25, 2025, at approximately 5:20 p.m., Ava Moore was kayaking near Oak Grove Park on Grapevine Lake when she was struck from behind by a jet ski operated by 21-year-old Daikerlyn Alejandra Gonzalez-Gonzalez.

According to arrest affidavits, the jet ski was traveling at a high rate of speed and dangerously close to other people in the water. Witnesses told investigators that Moore and other kayakers tried to paddle away before she was struck from behind.

Lisa Scrabeck, a witness at the lake, helped render aid to Ava Moore after she was pulled ashore. She checked for a pulse and heartbeat and confirmed that Moore was wearing a life jacket, which was removed before CPR began. Despite immediate medical attention, Moore died from severe head trauma at the hospital.

The jet ski driver fled the scene with 21-year-old Maikel Coello Perozo, crashing into multiple vehicles during their escape. Police found both suspects at a Dallas residence with packed suitcases — suggesting they did not plan to return home anytime soon.

Who Can Be Held Responsible in a Boating or Jet Ski Accident?

In the aftermath of the Grapevine Lake accident, many people are wondering who can be held responsible for Moore’s tragic death. Wrongful death cases involving personal watercraft can involve multiple parties, depending on the facts of the incident. Responsibility may fall on the operator, the craft’s owner, or even a rental company — particularly if safety regulations were violated or the watercraft was negligently entrusted to an unqualified or reckless driver.

Below is a breakdown of potential civil liability in fatal boating and jet ski accidents, with a focus on direct operator responsibility, negligent entrustment by private owners, and possible liability by rental companies.

1. Direct Operator Liability

The woman accused of operating the jet ski, Daikerlyn Alejandra Gonzalez-Gonzalez, faces multiple criminal charges, including second-degree felony manslaughter charges, reckless operation and excessive speed of a personal watercraft, and leaving the scene of an accident involving death. These serious charges not only carry criminal consequences but also serve as strong evidence for civil liability under several legal theories:

Negligence Per Se:
In many recreational boating accident cases, victims may pursue civil claims under the doctrine of negligence per se. This legal principle holds that if an individual or entity violates a law intended to protect public safety — and that violation results in harm — the violation itself may be presumed to be the cause of the injury. Gonzalez’s alleged violations of Texas personal watercraft regulations provide a compelling foundation for a negligence per se claim.

Reckless/Wanton Misconduct:

Eyewitness Lisa Scrabeck reported seeing the women on the jet ski “driving recklessly” throughout the day. According to the arrest warrant, multiple witnesses stated that the suspect “recklessly made several passes along the shoreline with wanton disregard for the safety of others and at a speed and manner that endangered those in the area.” This type of behavior may rise to the level of gross negligence or wanton misconduct, further strengthening the case for civil liability.

2. Negligent Entrustment Claims

In addition to holding the jet ski operator accountable, liability may extend to the person or entity who allowed the operator to use the watercraft in the first place. This legal concept is known as negligent entrustment — when someone provides access to a dangerous instrument, like a jet ski, knowing or having reason to know the user is unfit to operate it safely.

Depending on who owned the jet ski involved in the Grapevine Lake accident, either a private individual or a rental company could face civil liability. Authorities with the Texas Parks and Wildlife Department are currently investigating the ownership of the craft. If it turns out that the watercraft was entrusted to an unqualified or reckless driver, the owner — whether private or a rental company — could be held responsible for the fatal outcome.

Jet Ski Owner Liability: If a boat or jet ski owner allows a person to operate a vehicle in an unsafe manner, the owner may be held responsible for negligent entrustment. Texas Parks and Wildlife Department officials are investigating the ownership of the craft. If Gonzalez was not the owner, the actual owner could face liability for:

• Entrusting the watercraft to an unlicensed or inexperienced operator
• Failing to provide adequate safety instructions
• Knowing or having reason to know of the operator’s propensity for reckless behavior

If Daikerlyn Gonzalez-Gonzalez was not the owner, the individual who allowed her to use the jet ski could face serious legal consequences under these principles.

Rental Company Liability: Law enforcement is still determining if the jet ski was rented. Even if that fact does not become central in this case, rental company liability is a key factor in many boating accident claims. Rental facilities have a legal duty to ensure every vessel is properly inspected, maintained, and safely entrusted to qualified users. If the jet ski was rented, the company could face liability for:

• Negligent entrustment by rental facility if the facility did not provide safety instruction or have proper safety instructions posted; if the rental facility did not conduct a proper demonstration or check ride; or if the renter is not 18 or does not have boater safety education credentials.
• Failure to verify operator competency
• Inadequate safety briefing or training

Insurance Coverage for Boats & Jet Skis: Texas Doesn’t Require It

Unlike automobile insurance, which is mandatory, Texas does not require insurance for personal watercraft or boats. This regulatory gap can leave accident victims with limited options for financial recovery. Although insurance isn’t legally required, lenders often mandate coverage if the watercraft is financed.

Insurance for Rentals

Jet ski rental companies, on the other hand, typically carry comprehensive liability insurance as part of their business operations. These policies may include:

• Third-party liability for bodily injury and property damage
• Coverage for damage to the rental equipment while under customer control
• General liability for incidents occurring on the premises
• Professional liability for claims involving inadequate training or instruction

If the jet ski involved in the Grapevine Lake accident was rented rather than privately owned, this could significantly improve the family’s ability to recover damages. Businesses that rent out watercraft — including marinas, docks, and yacht clubs — are strongly encouraged to carry Personal Watercraft (PWC) insurance, which typically includes liability protection for bodily injuries caused by a rented vessel.

Potential Coverage Sources

Because Texas law does not require watercraft insurance, it’s vital to identify every possible coverage source after a boating or jet ski accident. These may include:

• Rental Company Insurance:
  If the jet ski was rented, the rental company’s commercial liability policy is often the most substantial and reliable source of coverage. These policies usually include high liability limits to cover injuries, death, or property damage caused by the rented watercraft.
• Owner’s Watercraft Insurance Policy:
  |If the jet ski was privately owned, the owner’s boat or personal watercraft policy may offer liability coverage. This can include payments for bodily injury, death, or property damage, as well as legal defense costs if a lawsuit is filed.
• Homeowner’s Insurance:
  In some cases, small boats or personal watercraft may be covered under a homeowner’s policy. However, this coverage is typically limited in scope and may not include liability for accidents occurring away from the home.
• Operator’s Personal Liability Coverage:
  Even in the absence of dedicated watercraft insurance, the operator may have umbrella liability or homeowner’s liability insurance that provides secondary coverage for injuries or damages caused while operating a jet ski.

Why It Matters

The absence of mandatory watercraft insurance in Texas makes uncovering all potential insurance policies critical in wrongful death and serious injury cases. Just like on the road, accidents happen on the water — and victims should not be left without a path to recovery simply because coverage wasn’t required.

Unique Challenges in Grapevine Lake Jet Ski Accident

The civil litigation process arising from the Grapevine Lake jet ski crash faces a number of complex challenges — primarily due to the legal status of the individuals involved. Both suspects are Venezuelan nationals who reportedly entered the United States illegally and are now subject to ICE detainers and removal proceedings. These immigration issues create several serious obstacles for victims or their families seeking civil justice and financial compensation:

1. Limited Assets Available for Judgment Satisfaction
Individuals without lawful immigration status are often not financially established in the U.S. and may lack insurable interests, verifiable income, or significant assets such as real estate or vehicles. Even if a civil judgment is obtained against a liable party, there may be little to no property or funds to seize in satisfaction of that judgment.

2. Risk of Deportation Complicating Collection Efforts
Because both suspects are in removal proceedings, there is a real possibility that one or both may be deported before a civil case is resolved. Deportation can stall or completely undermine the ability to collect a judgment, particularly if the individual returns to a country with limited legal cooperation or no reciprocal enforcement of U.S. civil judgments. Once removed, tracking, serving, or compelling their participation in a U.S. court proceeding becomes exceedingly difficult.

3. Urgency of Discovery and Asset Preservation
Given these risks, time is of the essence in any civil case involving defendants facing removal. Attorneys representing the victim’s family would likely need to pursue expedited discovery, including early depositions and aggressive efforts to identify and freeze any assets before they are transferred or rendered inaccessible. This may include:

• Filing for pre-judgment writs of garnishment or attachment
• Requesting temporary restraining orders to prevent asset dissipation
• Subpoenaing financial institutions or third parties for asset information

In short, while there may be strong grounds for civil liability, collecting any damages from these defendants may prove extremely difficult. This makes it all the more important to identify alternative avenues for recovery — such as insurance coverage through a rental company or third-party liability — and to act quickly before immigration proceedings interfere with the litigation process.

Texas Wrongful Death and Survival Actions

Wrongful Death Claims

Under the Texas Wrongful Death Act, certain surviving family members may recover damages for the personal losses they suffer as a result of their loved one’s death. These claims are designed to compensate the surviving family — not the deceased’s estate.

Eligible Claimants
Only the surviving spouse, children, or parents of the deceased may file a wrongful death claim in Texas. In this case, Moore’s parents are legally permitted to bring the claim.

Recoverable Damages:

• Mental anguish, emotional pain, and suffering
• Loss of love, companionship, comfort, and society
• Loss of future earning capacity (especially significant given Moore’s military career path)
• Funeral and burial expenses
• Exemplary (punitive) damages, if the facts show gross negligence or willful misconduct

Survival Action Claims

A survival action is brought on behalf of the decedent’s estate and addresses the harm suffered by the deceased between the time of injury and death. Unlike wrongful death claims, survival actions do not compensate surviving family members directly — rather, any recovery becomes part of the estate and is distributed according to a will or intestacy laws.

Recoverable Damages:

• Conscious pain and suffering experienced before death
• Medical expenses related to the fatal injury
• Lost wages between the time of injury and death
• Property damage (e.g., kayak or personal belongings)
• Funeral expenses (if not already recovered through a wrongful death claim)

Statute of Limitations

Both wrongful death and survival action claims are subject to a two-year statute of limitations in Texas. This means a lawsuit must be filed within two years of the date of death.

For Moore — who tragically passed away on May 25, 2025 — the deadline to file either claim is May 25, 2027.

Additional Causes of Action

In addition to direct operator liability and negligent entrustment, several other legal theories may support civil claims in the Grapevine Lake accident, depending on the specific facts uncovered during the investigation.

1. Premises Liability – Lake/Park Management

If the entity responsible for managing Grapevine Lake or Oak Grove Park failed to take reasonable steps to ensure public safety, they may be held liable under a premises liability theory. Potential failures may include:

• Inadequate patrolling of waterways to monitor reckless behavior
• Failure to enforce speed restrictions or designated safety zones
• Lack of adequate signage or warning systems for boaters and swimmers
• Failure to properly separate conflicting recreational activities (e.g., swimming areas vs. high-speed watercraft zones)

2. Dram Shop Liability

Under Texas Dram Shop laws, bars and restaurants can be held legally responsible if they serve alcohol to an obviously intoxicated individual who later causes injury or death. While it has not yet been determined whether alcohol played a role in this incident, liability may arise if it’s shown that the jet ski operator was overserved and obtained alcohol from a licensed establishment prior to the crash.

3. Product Liability

If a mechanical failure contributed to the accident, product liability or maintenance negligence claims may also be viable. These could include:

• Manufacturing defects in the jet ski that made it unsafe for operation
• Negligence by a maintenance provider in inspecting, repairing, or servicing the watercraft
• Failure of safety equipment, such as throttle controls, kill switches, or life vests, due to design or production flaws

Strategic Litigation Considerations

Given the urgency of potential deportation proceedings, several critical steps must be taken immediately to preserve the viability of any future litigation. Asset investigation represents the most time-sensitive priority, as counsel must locate and preserve all potential sources of recovery before defendants leave the jurisdiction. This includes identifying bank accounts, real estate holdings, business interests, and any other assets that could satisfy a judgment.

Simultaneously, comprehensive insurance discovery must be undertaken to identify all applicable policies that might provide coverage for the incident. This includes not only obvious liability policies but also umbrella coverage, marine insurance, and any specialty policies that defendants or related entities may carry. The identification of insurance coverage often proves crucial to meaningful recovery in maritime accident cases.

Evidence preservation cannot be delayed, as witness memories fade and physical evidence deteriorates or disappears. Securing detailed witness statements from all available parties, obtaining surveillance footage from nearby establishments or vessels, and documenting the physical condition of the vessel and accident scene are essential steps that become increasingly difficult with time. The transient nature of the maritime environment makes prompt evidence collection particularly critical.

Finally, the retention of qualified experts should begin immediately to ensure their availability and to begin the process of accident reconstruction while evidence remains fresh. Marine safety experts can analyze the vessel’s condition and operational procedures, accident reconstruction specialists can determine causation and fault allocation, and economic experts will be necessary to quantify damages. Early expert involvement often proves invaluable in developing case strategy and identifying additional avenues of investigation.

The Moore family deserves justice for their tragic loss, and the civil justice system provides the primary avenue for accountability when the criminal system alone cannot adequately address the full scope of harm caused by such reckless conduct.

Loved One Killed or Injured In a Boating Accident? Contact Us.

Varghese Summersett is a premier personal injury firm serving clients across the state of Texas. With offices in Fort Worth, Dallas, Southlake, and Houston, our team is strategically positioned to handle serious injury and wrongful death cases wherever they arise — from major metropolitan areas to smaller communities throughout the Lone Star State.

We are known for delivering exceptional, client-focused representation rooted in experience, compassion, and results. We understand the physical, emotional, and financial toll of catastrophic injuries and wrongful death. Call 817-203-2220 for a free consultation with an experienced boating accident attorney today.

In a significant legislative move aimed at combating online harassment and exploitation, the federal government has enacted the “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks Act,” widely known as the TAKE IT DOWN Act. This new law creates federal criminal offenses designed to crack down on individuals who knowingly share nonconsensual intimate visual depictions, including realistic digital manipulations known as “deepfakes.”

The act specifically amends Section 223 of the Communications Act of 1934, expanding federal criminal jurisdiction to target online publication of intimate visual images shared without consent. Under the newly established provisions, prosecutors can pursue charges against individuals using online platforms or interactive computer services, such as social media or websites, to distribute explicit images without permission.

Offenses Involving Authentic Images

The act makes it illegal to knowingly publish intimate visual depictions online involving adults under specific conditions: the individual depicted must have had a reasonable expectation of privacy, the image must not have been voluntarily disclosed publicly or commercially, and the image must not represent a matter of public concern. Importantly, the publication must either intend to cause harm or actually result in psychological, financial, or reputational damage.

For offenses involving minors, defined as individuals under 18 years old, the act imposes stricter criteria and harsher penalties. It criminalizes publication intended to abuse, humiliate, harass, degrade, or sexually gratify.

Punishment Ranges under the TAKE IT DOWN Act

Digital Forgery (Deepfake) Offenses

Recognizing the growing threat posed by increasingly sophisticated technological manipulations known as “deepfakes,” the TAKE IT DOWN Act explicitly criminalizes the publication of digitally forged intimate images. Such images are often created through artificial intelligence or other digital technologies to realistically mimic an individual’s appearance in explicit scenarios.

To prosecute individuals for publishing these deepfakes, the law mandates similar conditions to those involving authentic images: the digital forgery must be published without the individual’s consent, must not represent publicly or commercially disclosed content, and must not be a matter of public concern. Like authentic images, prosecution requires evidence that the publication intended harm or actually caused substantial damage.

Criminalizing Threats

The law also targets threats to publish nonconsensual intimate images, explicitly penalizing threats used to intimidate, coerce, extort, or inflict mental distress.

Robust Enforcement and Additional Penalties

To further strengthen enforcement, the TAKE IT DOWN Act authorizes courts to mandate forfeiture of assets directly linked to these offenses, including equipment and profits from the illegal activity. Additionally, courts may order restitution to compensate victims for financial and emotional harm caused by the offense.

The act clarifies important legal distinctions—most notably, that consent to create or privately share intimate images does not imply consent for broader publication.

Exceptions for Lawful Activities

The TAKE IT DOWN Act recognizes several important exceptions, such as disclosures made in good faith to law enforcement, for legitimate medical or educational purposes, or by individuals publishing their own images. Importantly, it also excludes legitimate investigative or protective activities conducted by law enforcement and intelligence agencies.

Platform Accountability

Beyond criminalizing individual misconduct, the TAKE IT DOWN Act imposes civil responsibilities on online platforms hosting user-generated content. These platforms must implement clear procedures for swiftly removing nonconsensual intimate depictions upon valid requests from victims, with mandated removal deadlines within 48 hours.

Failure by platforms to comply with these removal requirements could trigger enforcement actions by the Federal Trade Commission under unfair or deceptive business practice standards.

The TAKE IT DOWN Act represents a powerful federal response to a pervasive and damaging form of digital abuse, providing clear legal remedies and stringent enforcement measures aimed at deterring nonconsensual image sharing and digital harassment nationwide.

Accused of Violating the Take it Down Act? Contact Us.

Being charged under the TAKE IT DOWN Act is a serious federal offense that can carry life-altering consequences, including prison time, heavy fines, and lasting reputational damage. If you or a loved one is under investigation or facing charges related to the distribution or threat of sharing nonconsensual intimate images — whether authentic or digitally manipulated — it is critical to have experienced legal counsel by your side.

At Varghese Summersett, our federal defense attorneys understand the complexities of this newly enacted legislation and stand ready to protect your rights, reputation, and future. We bring an unwavering commitment to excellence and discretion in high-stakes digital and criminal matters.

Schedule a confidential consultation today to discuss your case and begin building a strong defense. Call 817-203-2220.

Massage parlor raids in Texas have become increasingly common as law enforcement agencies target businesses suspected of prostitution, solicitation, and human trafficking. These operations are often the result of long-term investigations involving local police, the Texas Department of Licensing and Regulation (TDLR), and sometimes federal agencies. Whether you are a client, employee, or business owner, being implicated in one of these raids can carry severe legal and personal consequences.

In this article, the defense attorneys at Varghese Summersett explain massage parlor busts in Texas, the criminal charges that can result, and why it is critical to act immediately if you have been arrested or accused of a sex crime. We also outline the recent changes in Texas law that allow the TDLR to shut down businesses suspected of illegal activity — even before formal charges are filed.

Recent Massage Parlor Raids in Fort Worth

In recent months, multiple massage parlors in Fort Worth have been raided and shut down after investigations uncovered suspected illegal activity. Violations have included employees working without proper licenses, evidence of illegal services being offered to customers, and suggestive online advertising of illicit services. The ongoing crackdown has been led by the Fort Worth Police Department and TDLR, and similar enforcement actions have occurred in other Texas cities, including Round Rock and Houston.

A recent change in Texas law now allows TDLR to issue emergency closure orders for businesses suspected of illegal activity — even before any criminal charges are filed. These massage parlor stings are a preemptive tool when there is credible evidence of human trafficking, sexual misconduct, or criminal operations masked as legitimate business.

Common Charges From Massage Parlor Busts in Texas

When law enforcement raids a massage parlor suspected of illegal activity, it often leads to criminal charges. Below are the most common charges stemming from massage parlor investigations and raids in Texas — along with the potential penalties individuals may face under the law:

Prostitution – Texas Penal Code § 43.02

A person commits prostitution if they knowingly offer or agree to engage in sexual conduct for a fee. Both service providers and clients can be charged.

• First offense: Class B misdemeanor, punishable by up to 180 days in jail and a maximum $2,000 fine
• Second offense: Class A misdemeanor, punishable by up to 1 year in jail and a maximum $4,000 fine
• Third or subsequent offense: State jail felony, punishable by 180 days to 2 years in a state jail facility and a maximum $10,000 fine

Solicitation of Prostitution – Texas Penal Code § 43.021

A person commits solicitation of prostitution if he or she knowingly offers or agrees to pay a fee to another for the purpose of engaging in sexual conduct with that person or another.

• First offense: State jail felony, punishable 180 days to 2 years in a state jail facility and up to a $10,000 fine
• If the person solicited is under 18:  Second-degree felony, punishable by 2 to 20 years in prison and up to a $10,000 fine.

Human Trafficking – Texas Penal Code § 20A.02

A person commits human trafficking if they knowingly traffic another person and use force, fraud, or coercion to cause them to engage in labor, services, or commercial sex acts. It is also a crime to knowingly benefit from participation in a trafficking venture.

In massage parlor investigations, this charge often arises when individuals — particularly undocumented immigrants — are found to be forced or coerced into sex work or labor under exploitative conditions.

• Penalty: Second-degree felony, punishable by 2 to 20 years in prison and a maximum $10,000 fine
• If the victim is under 18 or suffers serious bodily injury: First-degree felony, punishable by  5 to 99 years or life in prison and a maximum $10,000 fine

Promotion of Prostitution – Texas Penal Code § 43.03

A person commits an offense if he or she receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or solicits another to engage in sexual conduct with another person for compensation.

• Penalty: Third-degree felony, punishable by 2 to 10 years in prison and a maximum $10,000 fine
• With a prior conviction: Second-degree felony, punishable b y 2 to 20 years in prison and a maximum $10,000 fine
• If the conduct involves a minor (under 18): First-degree felony, punishable by 5 to 99 years or life in prison and a maximum $10,000 fine, regardless of whether the accused knew the minor’s age.

Aggravated Promotion of Prostitution – Texas Penal Code § 43.04

A person commits aggravated promotion of prostitution if they knowingly own, invest in, finance, control, supervise, or manage a prostitution operation that involves two or more prostitutes. This charge is typically reserved for individuals operating or profiting from organized prostitution rings or massage parlors functioning as illicit enterprises.

• Penalty: First-degree felony, punishable by 5 to 99 years or life in prison and a maximum $10,000 fine

Engaging in Organized Criminal Activity – Texas Penal Code § 71.02

A person commits engaging in organized crime if they, with the intent to establish, maintain, or participate in a criminal combination or street gang, commit or conspire to commit certain specified crimes — such as prostitution, human trafficking, aggravated promotion of prostitution, or compelling prostitution.

This statute is often used to target criminal enterprises involving multiple actors, such as organized prostitution rings, trafficking networks, or coordinated illegal massage parlors. Individuals who finance, coordinate, or recruit others—even if they do not directly engage in the underlying crime—may be prosecuted under this law.

• Penalty: The punishment is enhanced by one degree above the underlying offense
• For example, if the base charge is a second-degree felony, the organized crime enhancement raises it to a first-degree felony.

Federal Charges After a Massage Parlor Bust

Massage parlor raids can escalate into federal cases, especially if:

• The activity crosses state lines
• Undocumented individuals are involved
• There is evidence of wire fraud, money laundering, or social media-based trafficking

Federal convictions can carry mandatory minimum sentences and longer prison terms than state offenses. Agencies such as ICE, the FBI, and Homeland Security may become involved.

What to Expect During a Massage Parlor Raid

Massage parlor raids can be swift, intense, and legally complex. Law enforcement typically arrives with a search warrant, detains individuals on-site, and begins collecting evidence. Officers may question employees and clients, while state regulators like the Texas Department of Licensing and Regulation (TDLR) assess licensing violations that can result in immediate business closures—even before any criminal charges are filed.

• Search Warrants: Officers will enter with judicial authorization and may detain anyone on-site.
• Interviews: Law enforcement may question employees and patrons. You have the right to remain silent and to request an attorney.
• Evidence Collection: Phones, cash, business records, surveillance systems, and IDs may be seized.
• TDLR Involvement: Inspectors can revoke licenses or issue an immediate closure, often before criminal charges are filed.
• Arrests: Police may arrest individuals suspected of engaging in or facilitating illegal activity, such as prostitution or human trafficking. Those taken into custody may face serious misdemeanor or felony charges, depending on the allegations and evidence gathered during the raid.

If you have been arrested or are under investigation following a massage parlor raid, it’s critical to contact an experienced criminal defense attorney immediately. Early legal intervention can help protect your rights, limit exposure to criminal charges, and begin building a strong defense before formal accusations are filed.

How Investigators Build Their Case

Authorities typically spend months compiling evidence before a raid, including:

• Undercover operations and stings to document illegal offers of sexual services
• Surveillance of traffic, client interactions, and staff behavior
• Audits of licenses, financials, and hiring records to detect money laundering or unlicensed operations

This multi-agency approach makes it easier to stack multiple charges –  and harder to fight without experienced legal counsel.

Common Misconceptions About Massage Parlor Offenses

“Everyone Consented.”
Consent does not negate trafficking, especially when the person is underage or coerced.

“It’s Just a Misdemeanor.”
Solicitation is now a felony, and promotion or trafficking can result in decades in prison.

“Only the Owners Get Charged.”
Not true. Employees, landlords, drivers, and even clients may face criminal charges or be listed as co-conspirators.

Immigration Risks for Non-Citizens

Massage parlor raids often involve individuals without legal status. Convictions for prostitution or trafficking may lead to:

• Detention by ICE
• Deportation proceedings
• Loss of green card or asylum eligibility
• Bars to reentry into the U.S.

Even without a conviction, ICE holds can delay release on bond or result in transfer to immigration detention.

Can the State Shut Down a Business Without a Conviction?

Yes. As of September 1, 2023, under House Bill 3579, the Texas Department of Licensing and Regulation (TDLR) can issue Emergency Orders of Closure against massage establishments suspected of human trafficking or related sexual offenses — even without criminal charges or a conviction.

The law allows TDLR’s executive director to halt operations if:

• Law enforcement notifies TDLR that an establishment is under investigation for human trafficking or related sexual offenses.
• TDLR has reasonable cause to believe such offenses are being committed at the business.

These closures can:

• Be enforced immediately
• Remain in place while investigations continue
• Result in permanent loss of licensure
• There is no requirement for criminal charges to be filed first

These emergency closure orders are typically effective for six months, giving authorities time to investigate further and provide support to potential victims. After this period, TDLR can either allow the business to reopen or revoke its license, depending on the outcome of the investigation.

The law does not broadly apply to every form of illegality, but focuses on combating human trafficking and sexual offenses within massage establishments. The law took effect on September 1, 2023, and has been actively used across Texas since then.

Questioned or Arrested in a Massage Parlor Raid?

Massage parlor raids can lead to life-altering consequences: felony records, sex offender registration, loss of business, immigration consequences, and permanent public stigma. If your name is tied to one of these operations, your next move is critical.

The criminal defense attorneys at Varghese Summersett have handled some of the most complex sex crimes and trafficking charges in North Texas. We act fast to protect your freedom, rights, and reputation. Call us today at 817-203-2220 or contact us online.

After an accident, it’s natural to want answers — especially when it comes to how much your case might be worth. That’s why online pain and suffering calculators are so popular. They offer quick estimates based on your medical bills, lost wages, and the severity of your injuries.

These tools can seem helpful in a moment of uncertainty. But relying on them can be misleading, and in many cases, downright harmful to your claim.

At Varghese Summersett, our experienced Texas personal injury attorneys take a personalized, strategic approach to every case. Below, we explain how pain and suffering is evaluated and why real legal guidance — not an online pain and suffering calculator  — is essential to truly understanding your case’s value.

What is Pain and Suffering?

Pain and suffering refer to the physical discomfort and emotional distress a person endures as a result of an injury. Unlike economic damages, such as hospital bills or property repair costs, pain and suffering are intangible losses. They are subjective and vary greatly from person to person.

In Texas, pain and suffering damages are recognized under the umbrella of non-economic damages. According to Texas Civil Practice and Remedies Code § 41.001, non-economic damages include “physical pain and suffering, mental or emotional pain or anguish, loss of consortium, disfigurement, physical impairment, loss of companionship and society, inconvenience, loss of enjoyment of life, and injury to reputation.”

Examples of pain and suffering could include chronic back pain from a car accident; anxiety or depression following a dog attack; PTSD after a serious motorcycle collision; and disfigurement or scarring resulting from a burn injury. We expand on the types of pain and suffering below.

Types of Pain and Suffering in Texas

Pain and suffering damages in Texas are divided into two primary categories: physical and mental. Fully understanding these types helps ensure that every aspect of your suffering is properly valued and compensated.

Physical Pain and Suffering

Physical pain and suffering refer to the direct bodily injuries and the ongoing discomfort caused by the accident. Common examples include:

• Immediate Pain from Broken Bones: The sudden, sharp pain of fractures can be debilitating, often requiring extensive treatment and long-term care.
• Lingering Migraines After a Head Injury: Traumatic brain injuries can trigger severe, persistent headaches that interfere with concentration, work, and daily activities.
• Surgical Pain and Recovery Discomfort: Post-operative pain from surgeries such as spinal fusion, joint repair, or internal injuries can linger for months, affecting mobility and quality of life.
• Chronic Conditions Caused by Injury: Serious accidents can lead to permanent health problems like arthritis, nerve damage, or degenerative disc disease, which cause daily suffering and limit physical capabilities.

Physical pain is not just temporary. It often reshapes how victims live their lives, affecting everything from mobility to employment to relationships.

Mental Pain and Suffering

Mental pain and suffering focus on the emotional and psychological injuries stemming from the accident. These are just as real — and just as compensable — under Texas law:

• Emotional Distress: Victims often experience overwhelming fear, shame, anger, or grief, sometimes requiring therapy to manage the emotional aftermath.
• Anxiety: Persistent worry about safety, finances, or future health can dominate a victim’s life, preventing them from returning to normal routines.
• Depression: A profound sense of sadness, hopelessness, and disconnection from loved ones is common after serious accidents, often requiring medication or counseling.
• Insomnia: Sleepless nights caused by physical pain, nightmares, or emotional trauma can further damage physical health and mental well-being.
• Loss of Enjoyment of Life: When injuries prevent someone from engaging in hobbies, sports, social outings, or family activities, they suffer a significant, irreplaceable loss.

The emotional wounds left by an accident are often hidden but no less devastating than physical injuries. Proper compensation must recognize both.

Special Cases: Disfigurement and Physical Impairment

In addition to general pain and suffering, Texas law provides specific compensation for disfigurement and physical impairment:

• Disfigurement: Permanent physical changes such as facial scars, burn marks, or amputation dramatically alter a person’s appearance. These injuries often result in emotional trauma, impacting social life, self-esteem, and employment opportunities.
• Physical Impairment: This refers to lasting limitations in physical ability. For example, a spinal injury that forces someone to use a cane or wheelchair restricts mobility and independence, impacting every aspect of life even if the individual experiences minimal ongoing pain.

These special categories ensure that victims are fully compensated not only for what they feel but also for how their lives have been permanently changed.

Methods for Calculating Pain and Suffering

Before we break down how pain and suffering is calculated, it’s important to understand this: no online pain and suffering calculator or formula can truly capture the personal, unique impact of your injuries. These methods are commonly referenced in legal discussions and insurance negotiations, but they are starting points — not definitive answers.

Online pain and suffering calculators often give accident victims false hope or unrealistic expectations. They oversimplify the process, ignore individual nuances, and fail to consider factors that truly influence compensation — like credibility, ongoing treatment, and future impact.

Unlike medical bills, there is no straightforward receipt that states the “price” of your pain and suffering. However, courts and insurance companies generally use two primary methods to calculate these damages. Here’s an overview below.

1. The Multiplier Method

This is the most common method. Here’s how it works:

• Add up all your economic damages (medical bills, lost wages, etc.).
• Multiply that total by a number between 1.5 and 5, depending on the severity of your injuries. The lower the number, the less severe the injuries. Keep in mind factors that influence the pain and suffering calculator include the severity of the injury, length of recovery, impact on daily life, degree of emotional distress, and whether permanent disability or scarring is involved.

Example:
Medical bills and lost wages = $50,000
Multiplier = 3 (for severe injuries)
Pain and suffering award = $150,000

Again, this method is just a framework. Insurance companies often apply low multipliers to minimize payouts — and even attorneys must adjust based on the specific details of your case.

2. The Per Diem Method

“Per diem” means “per day.” In this method, a daily dollar amount is assigned to your pain and suffering, and it’s multiplied by the number of days you have suffered or are expected to suffer.

Example: $200 per day x 365 days = $73,000

Assigning a reasonable per diem rate often involves considering your daily salary, daily inconvenience, or severity of pain. While more personalized than the multiplier method, this approach still requires interpretation and justification — especially when facing skeptical insurance adjusters or juries.

The Problem with Pain and Suffering Calculators

While it may feel satisfying to plug in a few numbers and get a dollar amount, pain and suffering calculators often oversimplify a highly complex process. Here’s why they don’t give you the full picture:

• They use generic formulas. Real personal injury cases involve dozens of unique factors — not just bills and wages.
• They ignore case-specific issues. Liability disputes, pre-existing conditions, and long-term impact on your life all dramatically affect compensation.
• They don’t factor in negotiation. The skill and experience of your attorney, the attitude of the insurance company, and local jury verdicts matter far more than a calculator ever could.
• They aren’t recognized in court. No judge or jury uses these tools. Your legal team builds a case based on evidence, expert testimony, and real-world damages.

Real Compensation Requires Real Analysis

Pain and suffering damage fall under non-economic damages — and calculating them isn’t as simple as using a multiplier. In Texas, courts consider:

• The severity and duration of your physical injuries
• Your emotional and mental distress
• How your life, relationships, and career have been affected
• Whether you’ve suffered permanent disfigurement or disability
• The credibility of your medical documentation and testimony

Each of these elements requires legal interpretation, documentation, and often, expert insight. No online tool can accurately assess that for you.

Why We Don’t Offer a Pain and Suffering Calculator

We understand why people search for calculators. When you’ve been hurt, you want answers — fast. But the truth is, pain and suffering calculators can’t give you a reliable or realistic case value.

They don’t know your story. They don’t account for your pain, your missed moments, your emotional trauma, or how the injury has changed your life.

That’s why we made the decision not to include a calculator here. Instead, we invite you to contact Varghese Summersett directly at 817-203-2220. Our team will listen to your experience, review your case, and provide the guidance an algorithm never could.

How Insurance Companies Minimize Pain and Suffering Claims

Insurance companies are in the business of protecting their profits — not necessarily of providing fair compensation. That’s why they often work quickly to downplay or dispute pain and suffering claims. Some of their most common tactics include:

• Blaming Pre-Existing Conditions: Insurers may argue that your pain stems from an old injury or pre-existing condition rather than the accident. This tactic is used to diminish the connection between the incident and your current suffering.
• Minimizing the Severity of Your Pain: Adjusters often question whether you’re truly experiencing the level of discomfort you claim. They may point to gaps in treatment, lack of consistent medical records, or a return to work as evidence that your injuries are minor.
• Disputing Emotional and Mental Distress: Pain and suffering isn’t just physical — it includes emotional trauma as well. Insurers often try to invalidate or undervalue emotional anguish by labeling it as subjective or exaggerated.
• Using Unreasonably Low Multipliers: In calculating damages, insurers often apply unfairly low multiplier values — especially in soft tissue injury cases — to reduce your overall compensation offer.

At Varghese Summersett, we know these strategies inside and out — and we don’t let insurance companies get away with them. Our legal team pushes back against bad faith tactics and fights for the full and fair compensation our clients deserve.

How Varghese Summersett Maximizes Your Compensation

When you work with Varghese Summersett, you gain a team that meticulously documents your physical and emotional hardships, consults with medical experts, and develops a compelling narrative to present to insurance companies, judges, or juries. We work tirelessly to ensure you receive full and fair compensation for:

• Pain and suffering
• Medical expenses
• Lost income
• Future treatment costs
• Permanent disabilities

Most importantly, we don’t rely on cookie-cutter formulas. We build each case from the ground up — because every client’s story, recovery, and suffering is different.

If you’ve been injured due to someone else’s negligence, don’t leave money on the table. Pain and suffering damages are real — and you deserve to be compensated for all you have endured. Forget the calculator. Call the team who will fight to make sure your story is heard — and valued. Contact Varghese Summersett today at 817-203-2220 or reach out through our online form. Our team of experienced Texas personal injury attorneys will evaluate your case, explain your rights, and fight relentlessly for the compensation you deserve.

Varghese Summersett has received the Richard L. Knight Rotary Minority Business Award — a prestigious honor presented by the Rotary Club of Fort Worth to recognize minority-owned businesses that exemplify core values and best practices.

Out of 125 nominated businesses, six finalists were selected and recognized on April 25 during a special awards luncheon held at the Fort Worth Club. Moving videos showcasing the top three finalists — including Varghese Summersett — were played before the award was presented by Fort Worth Mayor Mattie Parker.

“It is an incredible honor to receive the Richard L. Knight Rotary Minority Business Award,” said Benson Varghese, founder and managing partner of Varghese Summersett. “To be recognized by a city and an organization that has given so much to businesses like ours is truly humbling. Fort Worth has embraced me and our firm from the very beginning, and I am deeply grateful. This award is a reflection not just of our team’s hard work, but of a community that believes in lifting up others. We are proud to call Fort Worth home.”

The Rotary Minority Business Awards program was established five years ago by the Rotary Club of Fort Worth to honor minority-owned businesses that have demonstrated core elements of the Rotary through leadership, community engagement, and outstanding business practices in Fort Worth.

This year, the award was renamed to honor the late Richard L. Knight, a respected community leader who passed away in the spring of 2024. Knight made significant and lasting contributions to Fort Worth’s minority business community, particularly through his visionary leadership and tireless advocacy.

Knight’s family was present at the event and paid tribute to his legacy, along with remarks from NBC5 anchor Deborah Ferguson, who emceed the program, and last year’s award recipient, Jeff Postell Jr., president and CEO of Post L. Group.

“Richard Knight was a great entrepreneur,” Postell said. “And as entrepreneurs, you are the fuel that powers the people in our community.”

Following the tributes and remarks, the six finalists were recognized for their outstanding achievements before the top honorees were announced. They included:

• 6th Place: MOOV USA Inc.
• 5th Place: iSalt (Institute for Success and Leadership Training)
• 4th Place: HUSTLE-BLENDZ COFFEE
• 3rd Place: Vasse Rendezvous
• 2nd Place: CleanJet
• 1st Place: Varghese Summersett

After Varghese Summersett was announced as the winner, Benson Varghese took a few moments to express gratitude and reflect on his personal journey.

“I took my wife, Anna Summersett, and my three boys to India last month. It was their first time visiting where I was born and spent my formative years,” Varghese said. “I was born in a house without plaster on the walls, without running water. In South India, electricity comes and goes. To go from that to where we are today — to be blessed to work with amazing people and impact families — is incredible. It reminds me that it’s not just the United States that is the land of opportunity — Fort Worth is uniquely special.

“Eleven years ago, I decided to hang a shingle and start a law firm. There weren’t many people who looked like me doing what I was trying to do. But Fort Worth embraced me. I can’t think of a single instance where I wasn’t given an opportunity based on where I was from or what I looked like. What this Rotary Club and this community have built — a place where everyone is welcome and businesses are supported — is commendable. We are honored to be part of it.”

About Varghese Summersett

Varghese Summersett is a premier criminal defense, personal injury, and family law practice dedicated to helping people through life’s greatest challenges. The firm’s roster is full of highly experienced, award-winning attorneys committed to providing exceptional legal services. Varghese Summersett has been named a “Fort Worth Chamber Small Business of the Year,” a “DFW Favorite,” a “Best Place to Work in Fort Worth,” and a “Best Place for Working Parents,” among numerous other accolades. Learn more about Varghese Summersett at versustexas.com.