Can You File a Wrongful Death Lawsuit After a Drunk Driving Death in Fort Bend County?

Yes. If you lost a loved one to a drunk driver in Fort Bend County, you have the legal right to file a wrongful death lawsuit against the person who killed them. This civil claim is completely separate from any criminal charges the driver may face. Even if the driver is charged with intoxication manslaughter, you can still pursue financial compensation for your family’s devastating loss.

A wrongful death lawsuit allows surviving family members to hold the drunk driver financially accountable. In some cases, you may also have claims against bars, restaurants, or social hosts who served alcohol to the driver before the crash. These civil cases can provide compensation for funeral costs, lost income, and the profound grief of losing someone you love.

We understand that no amount of money can bring back your loved one. But a wrongful death claim can ease the financial burden your family now faces and ensure the person responsible is held accountable beyond what the criminal justice system provides.

If your family is grieving after a drunk driving death in Fort Bend County, our attorneys can help you understand your legal options. Call us today for a free consultation.

The Prosecutor Is Not Your Attorney

This is one of the most important things families need to understand after losing a loved one to a drunk driver. When the Fort Bend County District Attorney’s Office files intoxication manslaughter charges, they are not representing you. They represent the State of Texas.

The prosecutor’s job is to prove the defendant broke the law and to seek punishment on behalf of society. Their goal is a conviction, not compensation for your family. They are not required to consult you about plea deals. They don’t have to take the case to trial if you want them to. They don’t owe you updates or explanations. You are a witness in their case, not their client.

This can feel deeply frustrating. You may want the prosecutor to fight harder, reject a plea offer, or pursue maximum penalties. But you have no control over those decisions. The criminal justice system was designed to punish wrongdoing and protect the public. It was not designed to make victims whole.

What the Criminal Case Cannot Do for You

Even if the drunk driver is convicted of intoxication manslaughter and sentenced to 20 years in prison, the criminal case will not:

• Pay for your loved one’s funeral
• Replace the income your family depended on
• Compensate you for your grief, trauma, or loss of companionship
• Cover the medical bills from your loved one’s final hours
• Provide financial security for children who lost a parent

Restitution is sometimes ordered in criminal cases, but it’s limited to direct, documented expenses and is notoriously difficult to collect. It comes nowhere close to the full compensation available through a civil wrongful death lawsuit.

A wrongful death lawsuit is your case. You control it. You decide whether to settle or go to trial. You determine what justice looks like for your family.

How Is a Wrongful Death Claim Different From Intoxication Manslaughter Charges?

Many families don’t realize that criminal charges and civil lawsuits are two completely different legal processes with different purposes, different standards, and different outcomes.

Criminal Case: The State vs. The Drunk Driver

When a drunk driver kills someone in Texas, the state can file criminal charges for intoxication manslaughter under Texas Penal Code § 49.08. This is a second-degree felony punishable by 2 to 20 years in prison and fines up to $10,000. The Fort Bend County District Attorney’s Office prosecutes these cases on behalf of the State of Texas, not on behalf of your family.

You have the right to be notified about major developments in the case. You may be asked to provide a victim impact statement. But you don’t get to decide whether charges are filed, what plea offers are made, or whether the case goes to trial. Prosecutors make those decisions based on their assessment of the evidence, their caseload, and their judgment about what serves the public interest.

Civil Case: Your Family vs. The Drunk Driver

A wrongful death lawsuit is your family’s case. You control it. Under Texas Civil Practice and Remedies Code Chapter 71, surviving family members can sue the drunk driver directly for the harm their actions caused. You hire your own attorney. You decide whether to accept a settlement or go to trial. The goal is compensation for your loss, not punishment for the defendant.

The burden of proof is also different. While prosecutors must prove criminal guilt “beyond a reasonable doubt,” you only need to prove civil liability by a “preponderance of the evidence.” This means showing it’s more likely than not that the driver caused your loved one’s death. This lower standard means families can win wrongful death lawsuits even when criminal cases result in acquittals or reduced charges.

What Must Be Proven in a Wrongful Death Lawsuit?

To win a wrongful death case after a drunk driving crash, your attorney must prove four legal elements. These elements establish that the defendant’s negligence caused your loved one’s death and that your family suffered damages as a result.

Element 1: Duty of Care

The first element requires showing that the defendant owed your loved one a legal duty of care. Every driver on Texas roads has a duty to operate their vehicle safely and follow traffic laws. This includes the duty not to drive while intoxicated. This element is straightforward in drunk driving cases because all motorists owe this duty to everyone else on the road.

Element 2: Breach of Duty

The second element requires proving the defendant breached their duty of care. Driving with a blood alcohol concentration of 0.08% or higher is a breach of the duty to drive safely. So is driving while impaired by alcohol to any degree that affects normal use of mental or physical faculties. Evidence of breach typically includes blood or breath test results, officer observations, field sobriety test performance, witness testimony about the driver’s behavior, and toxicology reports.

Element 3: Causation

The third element requires proving the defendant’s breach of duty caused your loved one’s death. This has two parts. First, you must show “cause in fact,” meaning your loved one would not have died but for the defendant’s intoxicated driving. Second, you must show “proximate cause,” meaning the death was a foreseeable result of driving drunk. In most drunk driving fatality cases, causation is clear. The intoxicated driver caused a crash, and someone died as a result.

Element 4: Damages

The fourth element requires proving your family suffered actual damages because of your loved one’s death. This includes economic damages like funeral expenses, medical bills, and lost income. It also includes non-economic damages like mental anguish, loss of companionship, and loss of guidance. Documenting these damages thoroughly is essential to maximizing your recovery.

How Negligence Per Se Strengthens Your Case

Texas recognizes a legal doctrine called “negligence per se” that can make drunk driving wrongful death cases easier to prove. When a defendant violates a statute designed to protect public safety (like laws against drunk driving), and that violation causes the type of harm the statute was meant to prevent (like a fatal crash), the defendant is presumed negligent.

This means if the drunk driver was arrested with a BAC over 0.08% or was convicted of intoxication manslaughter, you may not need to independently prove they were negligent. Their violation of Texas drunk driving laws establishes negligence as a matter of law. Your attorney still needs to prove causation and damages, but the negligence element is significantly easier to establish.

Who Can File a Wrongful Death Lawsuit in Texas?

Texas law limits who can bring a wrongful death claim. Under the Texas Wrongful Death Act, only certain family members have the legal right to sue.

Eligible family members include:

• The surviving spouse of the deceased
• Children of the deceased (including adopted children)
• Parents of the deceased

Any of these family members can file a lawsuit individually or together. If no eligible family member files a claim within three months of the death, the executor or administrator of the deceased person’s estate may file on behalf of all eligible family members.

Siblings, grandparents, aunts, uncles, and other relatives generally cannot file wrongful death claims in Texas, even if they were very close to the deceased. This can be heartbreaking for families with non-traditional structures, but these are the boundaries Texas law sets.

What Happens When a Child Has the Right to Bring a Wrongful Death Claim?

When a drunk driver kills a parent, the surviving children have the legal right to file a wrongful death lawsuit. But minor children cannot file lawsuits on their own behalf. Texas law requires an adult to act for them.

How a Minor’s Claim Is Filed

A parent or legal guardian typically files the wrongful death lawsuit on behalf of a minor child. If both parents are deceased, a court-appointed guardian or “next friend” can file the lawsuit for the child. A “next friend” is an adult who acts in the child’s best interest in legal proceedings.

The court closely supervises cases involving minor children to protect their interests. Any settlement must be approved by the court to ensure it’s fair and in the child’s best interest. Settlement funds for minors are typically placed in a trust or structured settlement that the child can access when they reach adulthood.

Special Considerations for Children’s Claims

Children’s wrongful death claims often involve substantial damages because of the long-term impact of losing a parent. A child who loses a mother or father at age 5 will spend decades without parental guidance, support, and love. Courts recognize this when valuing claims for loss of parental consortium.

Texas also has special statute of limitations rules for minors. While adults generally have two years to file a wrongful death claim, a minor’s deadline may be extended. The clock typically doesn’t start running until the child turns 18, though there are exceptions and complications. This protection exists because children cannot be expected to understand or protect their own legal rights.

Our attorneys have represented children who lost parents to drunk drivers. We work with guardians, financial advisors, and the court to ensure minor children receive full compensation and that their funds are protected until they’re old enough to manage them responsibly.

When Multiple Family Members Have Claims

In many drunk driving death cases, multiple family members have the right to file claims. A surviving spouse and children may all have separate claims. Parents of the deceased may also have claims. These claims can be filed together in a single lawsuit or separately.

When minor children and adult family members both have claims, coordination is essential. Our attorneys work to ensure that settlements or verdicts are structured fairly so that children’s interests are protected while also addressing the needs of surviving spouses or other family members.

What Compensation Can You Recover in a Fort Bend County Wrongful Death Case?

A wrongful death lawsuit seeks to compensate your family for both the financial and emotional losses caused by your loved one’s death. Texas allows recovery for several types of damages.

Economic Damages

These cover the financial losses your family has suffered and will continue to suffer:

• Funeral and burial expenses: The costs of laying your loved one to rest
• Medical bills: Any emergency treatment or hospital care before death
• Lost earning capacity: The income your loved one would have earned over their lifetime
• Lost benefits: Health insurance, retirement contributions, and other employment benefits
• Loss of inheritance: The money or assets you would have inherited if your loved one had lived a full life
• Loss of services: The value of household tasks, childcare, and other contributions your loved one provided

Non-Economic Damages

These address the emotional and relational losses that are harder to quantify but equally real:

• Mental anguish: The emotional suffering family members experience
• Loss of companionship: The relationship, guidance, and presence you’ve lost
• Loss of consortium: For spouses, the loss of the marital relationship
• Loss of parental guidance: For children who’ve lost a parent

Exemplary (Punitive) Damages

In drunk driving wrongful death cases, Texas courts may award exemplary damages to punish the defendant for their reckless conduct. Choosing to drive while intoxicated shows a conscious disregard for human life. Courts recognize this and often allow punitive damages to send a message that such behavior will not be tolerated.

Our attorneys represented a Fort Bend County family whose husband and father was killed by a drunk driver with a blood alcohol level nearly twice the legal limit. By documenting the driver’s history of alcohol-related incidents and demonstrating the willful nature of their decision to drive, we secured a settlement that included significant punitive damages, providing meaningful financial security for the widow and her three children.

Can You Sue a Bar or Restaurant After a Drunk Driving Death?

Yes, in certain circumstances. Texas has what’s called a “Dram Shop” law that allows victims to sue alcohol providers who contributed to a drunk driving crash.

Under Texas Alcoholic Beverage Code § 2.02, you can hold a bar, restaurant, or other alcohol seller liable if they served alcohol to a person who was “obviously intoxicated to the extent that he presented a clear danger to himself and others.” The establishment must have been aware of the intoxication at the time of service.

Fort Bend County has a thriving restaurant and nightlife scene in areas like Sugar Land, Missouri City, and Richmond. When bars and restaurants over-serve patrons who then get behind the wheel and kill someone, they share responsibility for that death.

What You Need to Prove in a Dram Shop Case

Dram shop cases require proving specific elements:

• The establishment sold or served alcohol to the driver
• The driver was obviously intoxicated at the time of service
• The intoxication was a proximate cause of the crash and death

Gathering this evidence requires quick action. Surveillance footage gets deleted. Witnesses’ memories fade. Credit card and bar tab records can disappear. If you believe a bar or restaurant contributed to your loved one’s death, contacting an attorney immediately is essential.

Social Host Liability in Texas

Texas law treats social hosts differently than commercial establishments. Generally, adults who serve alcohol at private parties are not liable if a guest drives drunk and kills someone. There is one major exception: if a host serves alcohol to a minor (someone under 21), and that minor causes a drunk driving death, the host can be held liable under Texas Alcoholic Beverage Code § 2.02(c).

How Long Do You Have to File a Wrongful Death Lawsuit in Texas?

Texas law gives you two years from the date of your loved one’s death to file a wrongful death lawsuit. This deadline, called the statute of limitations, is strict. If you miss it, you lose your right to sue forever.

Two years might seem like a long time when you’re in the immediate aftermath of losing someone. But between funeral arrangements, dealing with your loved one’s affairs, and trying to help your family cope, time passes quickly. Insurance companies know this. They may delay, hoping you’ll miss your deadline or become too exhausted to fight.

Starting the legal process early also helps preserve evidence. Accident scene conditions change. Vehicles get repaired or scrapped. Witnesses relocate. Phone records and surveillance footage get deleted. The sooner your attorney can begin investigating, the stronger your case will be.

Remember that special rules may apply when minor children have claims. While the statute of limitations for adults is generally two years, minors may have additional time. However, waiting until a child turns 18 to file can make evidence much harder to obtain. The better approach is usually to file promptly with an adult acting on the child’s behalf.

What Happens If the Criminal Case Is Still Pending?

You don’t have to wait for the criminal case to finish before filing your wrongful death lawsuit. In fact, there are strategic reasons to move forward with your civil case while the criminal prosecution is ongoing.

Remember, the prosecutor handling the criminal case is not your lawyer. They may make decisions you disagree with. They may accept a plea deal you think is too lenient. They may decline to take the case to trial. Your wrongful death lawsuit gives you an avenue for accountability that doesn’t depend on what the prosecutor decides to do.

That said, many families choose to wait and see what happens in the criminal case first. A criminal conviction can be powerful evidence in your civil lawsuit. If a jury finds the driver guilty of intoxication manslaughter beyond a reasonable doubt, proving civil liability becomes much easier because of the negligence per se doctrine.

The criminal case can also reveal evidence through discovery that helps your civil case. Police reports, toxicology results, witness statements, and accident reconstruction findings from the criminal investigation can all support your wrongful death claim.

Our attorneys can advise you on the best timing strategy for your specific situation. We coordinate with prosecutors when appropriate and monitor the criminal case closely to protect your family’s interests, even though we understand the prosecutor’s priorities may differ from yours.

What If the Drunk Driver Has No Money or Insurance?

This is a common concern for families. Winning a wrongful death lawsuit doesn’t help if the defendant can’t pay the judgment. Our attorneys thoroughly investigate all potential sources of recovery before recommending whether to pursue a case.

Potential sources of compensation include:

• Auto insurance: The driver’s liability coverage, which in Texas must be at least $30,000 per person
• Umbrella or excess policies: Additional coverage the driver may have
• Employer liability: If the driver was working at the time of the crash
• Dram shop claims: Bars and restaurants typically carry significant liability insurance
• Your own uninsured/underinsured motorist coverage: Your policy may cover the gap
• Personal assets: Property, savings, or other assets the driver owns

In one Fort Bend County case, the drunk driver who killed our client’s mother had only minimum insurance coverage. But our investigation revealed he was driving home from a work event where his employer had provided alcohol. We pursued a claim against the employer and recovered substantial compensation that the driver alone could never have paid.

What to Do After Losing a Loved One to a Drunk Driver

The weeks and months after losing a family member are overwhelming. While your primary focus should be on grieving and taking care of yourself and your family, there are steps you can take to protect your legal rights.

Preserve Evidence

Keep copies of the police report, any photographs from the scene, and your loved one’s personal effects. Don’t repair or dispose of any damaged property. If your loved one had a phone, preserve it. These items may contain important evidence.

Document Everything

Keep records of all expenses related to your loved one’s death, including medical bills, funeral costs, and time you’ve missed from work. Write down your memories of your relationship and how the loss has affected your daily life. These notes will help your attorney understand the full impact of your loss.

Be Careful What You Say

Insurance adjusters may contact you soon after the crash. They may seem sympathetic, but their job is to minimize what the insurance company pays. Don’t give recorded statements or sign any documents without talking to an attorney first. You’re not required to speak with them, and doing so rarely helps your case.

Understand Your Role in the Criminal Case

You may receive notifications from the Fort Bend County District Attorney’s Office about the criminal case. You may be asked to provide a victim impact statement or testify as a witness. While participating in the criminal process can feel meaningful, remember that the prosecutor represents the state, not you. Their decisions about charges, plea offers, and sentencing recommendations are theirs to make. If you want an attorney who answers to you and fights for your family’s interests specifically, you need to hire a civil attorney to file a wrongful death lawsuit.

Contact an Attorney

A wrongful death attorney can take the legal burden off your shoulders while you focus on healing. We can deal with insurance companies, investigate the crash, and build your case while you take care of your family.

Why Varghese Summersett Is the Right Choice for Your Wrongful Death Case

Not every law firm is equipped to handle a wrongful death case after a drunk driving death. These cases require a unique combination of skills: the ability to prove negligence in civil court, deep knowledge of intoxication cases, and the resources to take on insurance companies and go to trial if necessary. At Varghese Summersett, we bring all of this to every case we handle.

Unmatched Experience in Intoxication Cases

Our attorneys have handled more intoxication-related trials than most law firms in Texas. We have spent years in courtrooms across the state proving and defending DWI, DWI with child passenger, intoxication assault, and intoxication manslaughter cases. This experience gives us an intimate understanding of how these cases work, from the science of blood alcohol testing to the procedures police must follow during investigations.

We know what evidence matters in intoxication cases. We understand how to interpret toxicology reports, challenge flawed blood draws, and use accident reconstruction to prove exactly what happened. When we walk into a courtroom or a settlement negotiation, the other side knows we have the knowledge and experience to back up every claim we make.

Former Prosecutors Who Know How to Prove Cases

Several of our attorneys are former prosecutors who spent years on the other side of the courtroom. We didn’t just handle intoxication cases; we tried them. We presented evidence to juries and secured convictions. We know what it takes to prove a case beyond a reasonable doubt, the highest standard in the American legal system.

Why does this matter for your civil case? Because if we can prove a case beyond a reasonable doubt, we can certainly prove it by a preponderance of the evidence, the lower standard used in civil court. Our background as prosecutors means we build cases that are airtight. We gather evidence the way we would if we had to convince a jury that someone was guilty of a crime. When insurance companies see the strength of our cases, they understand we’re prepared to win at trial if they don’t offer fair compensation.

Our prosecutorial experience also helps us understand what’s happening in the criminal case against the drunk driver. We can anticipate how the prosecution will proceed, what evidence they’ll rely on, and how the criminal case might affect your civil claim. This insight allows us to coordinate strategy in ways that other firms simply cannot.

A Personal Injury Team That Has Recovered Millions for Texans

While our criminal law expertise sets us apart, our personal injury team has the skills and track record to maximize your recovery. We have recovered millions of dollars for Texas families in wrongful death cases, car accidents, truck accidents, and other serious injury claims.

We don’t just file lawsuits and hope for the best. We investigate every potential source of recovery. We work with accident reconstructionists, medical experts, economists, and life care planners to document the full extent of your loss. We calculate not just what your family has lost today, but what you’ll lose over decades without your loved one’s income, guidance, and presence.

Insurance companies know which firms will fight and which will accept lowball offers. They know we have the resources to take cases to trial and the courtroom experience to win. This reputation means we often secure better settlements without ever stepping into a courtroom, because the other side knows what will happen if we do.

A Team of Over 70 Legal Professionals

Varghese Summersett is not a small operation. We have a team of over 70 attorneys and legal professionals across offices in Fort Worth, Dallas, Houston, and Southlake. This means we have the resources to handle complex cases that smaller firms cannot. We can dedicate investigators, paralegals, and attorneys to your case without cutting corners.

Our size also means we can absorb the costs of litigation. Wrongful death cases require expert witnesses, accident reconstruction, medical records analysis, and sometimes years of legal work before resolution. We advance all of these costs and only get paid if we recover compensation for your family.

We Understand What You’re Going Through

Beyond our legal credentials, we approach every wrongful death case with compassion. We know you’re not just a case number. You’ve lost someone you love to a senseless, preventable tragedy. You’re grieving while also trying to figure out how to pay bills, take care of your family, and find some measure of justice.

When you work with Varghese Summersett, you’ll have attorneys who listen to your story, answer your questions, and keep you informed every step of the way. We’ll handle the legal battle so you can focus on healing and taking care of your family.

Frequently Asked Questions About Wrongful Death Claims After Drunk Driving Deaths

How much is a wrongful death case worth in Texas?

Every case is different. The value depends on factors like your loved one’s age and earning capacity, the strength of the evidence, and the available insurance coverage. Cases involving young, high-earning victims with clear liability and significant insurance coverage are worth more than cases with older victims, disputed liability, or minimal coverage. Our attorneys can evaluate your specific situation and give you a realistic assessment of potential recovery.

Can I still sue if the drunk driver was killed in the crash?

Yes. You can file a wrongful death claim against the drunk driver’s estate. Their auto insurance policy will still provide coverage, and any assets in their estate may be available to satisfy a judgment.

What if I was a passenger in the drunk driver’s car?

You still have the right to file a wrongful death claim. Passengers are innocent victims, and Texas law protects their right to seek compensation even when the crash was caused by the driver they were riding with.

Why can’t the prosecutor get me compensation?

The prosecutor represents the State of Texas, not you or your family. Their job is to prove the defendant committed a crime and seek appropriate punishment. While restitution is sometimes ordered in criminal cases, it’s limited and difficult to collect. A wrongful death lawsuit is the legal process designed to compensate victims’ families.

My child lost their father. How do I file a lawsuit for them?

As the child’s parent or legal guardian, you can file a wrongful death lawsuit on their behalf. The court will oversee the case to protect your child’s interests, and any settlement must be approved by a judge. Settlement funds for minors are typically placed in a protected account or structured settlement.

Do I need an attorney to file a wrongful death lawsuit?

While you’re legally allowed to represent yourself, wrongful death cases are complex. They involve investigating the crash, proving the four elements of negligence, identifying all liable parties, calculating damages, negotiating with multiple insurance companies, and potentially going to trial. Insurance companies take unrepresented families less seriously and typically offer lower settlements. An experienced attorney significantly increases both your chances of success and the amount you recover.

How long will the case take?

Most wrongful death cases in Fort Bend County take one to three years from filing to resolution. Cases that settle without trial resolve faster than those that go to court. Complex cases with multiple defendants or disputed liability take longer. We keep our clients informed throughout the process and work efficiently while never sacrificing the quality of your case for speed.

Get Help From Our Experienced Texas Wrongful Death Attorneys

Losing a loved one to a drunk driver leaves you with grief, anger, and a thousand questions. The criminal justice system may bring some accountability, but the prosecutor works for the state, not for you. If you want an attorney who answers to your family and fights for your interests, you need to file a wrongful death lawsuit.

At Varghese Summersett, we combine what other firms cannot: extensive trial experience in intoxication cases, the prosecutorial background to build cases at the highest burden of proof, and a personal injury team that has recovered millions for Texas families. We have the resources, knowledge, and dedication to hold drunk drivers and those who enabled them fully accountable.

We handle wrongful death cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for your family. We advance all costs of litigation. You owe us nothing if we don’t win.

Your free consultation is a chance to get answers and understand your options. There’s no obligation, no pressure, and no cost. We just want to help you understand what your family can do next.

Call (281) 805-2220 today to speak with a wrongful death attorney who will listen to your story and fight for your family.

Texas Auto Insurance Requirements

Texas law requires all drivers to carry minimum liability insurance, but here’s what most people don’t realize until it’s too late: the state minimum of 30/60/25 often leaves accident victims tens of thousands of dollars short of covering their actual losses. If you’ve been seriously injured by an underinsured driver, or you’re wondering whether your own coverage will protect your family, understanding these numbers could be the most important financial decision you make this year.

At Varghese Summersett, our personal injury attorneys have seen countless clients suffer devastating injuries only to discover the at-fault driver carried the bare minimum coverage. We’ve also helped clients navigate the complex process of recovering compensation through their own underinsured motorist policies. This guide explains what Texas requires, why it’s not enough, and how to actually protect yourself.

If you’ve been injured in a car accident and are dealing with insurance issues, call our team at (817) 203-2220 for a free consultation.

Minimum Car Insurance Texas

Under Texas Transportation Code § 601.072, every driver must carry liability insurance with at least these minimum limits:

$30,000 for bodily injury per person
$60,000 for total bodily injury per accident (when multiple people are hurt)
$25,000 for property damage per accident

This is commonly written as “30/60/25” coverage. You’ll see it on your insurance declarations page and in policy documents. Texas has required this coverage since 2008, when the minimums increased from the previous 20/40/15 standard.

These amounts represent the maximum your liability insurance will pay if you cause an accident that injures someone else or damages their property. Once you hit that ceiling, you’re personally responsible for any remaining costs.

What Does Liability Coverage Actually Pay For?

Liability coverage protects other people when you’re at fault in an accident. It pays for the other driver’s medical bills, lost wages, pain and suffering, and vehicle repairs. It does not pay for your own injuries or damage to your own car.

Here’s how those limits work in practice. Say you run a red light and hit another vehicle. The other driver breaks her leg and needs surgery. Her medical bills total $45,000, she misses six weeks of work ($8,000 in lost wages), and her car is totaled ($20,000).

Her damages exceed $73,000. Your 30/60/25 policy would pay $30,000 toward her injury claim and $20,000 for her car (assuming that was her actual value). She’s still $23,000 short on her medical bills alone, not counting pain and suffering or lost wages.

That remaining amount? She can sue you personally for it. Your savings, your house, your future wages could all be at risk.

Why Texas Minimum Coverage Is Dangerously Inadequate

The 30/60/25 minimum was set in 2008. It hasn’t changed since, despite medical costs rising dramatically. According to the Health Care Cost Institute, average emergency room visits now cost over $2,000. A single night in the hospital averages more than $3,000. Serious injuries requiring surgery, rehabilitation, or long-term care can easily exceed $100,000.

Our attorneys at Varghese Summersett regularly handle cases where clients face medical bills of $50,000, $100,000, or more. In 2023, we represented a client struck by a distracted driver in Fort Worth whose spinal surgery alone cost $127,000. The at-fault driver carried only minimum coverage. Without our client’s own underinsured motorist policy, she would have recovered less than a quarter of her medical expenses.

Property damage limits are equally outdated. The average new car in Texas costs over $48,000. Even used vehicles commonly sell for $25,000 to $35,000. If you total someone’s car, that $25,000 property damage limit may not cover it.

What Happens If You’re Hit by an Uninsured or Underinsured Driver

Texas has one of the highest rates of uninsured drivers in the country. According to the Insurance Research Council, approximately 14% of Texas motorists drive without any insurance at all. That’s roughly one in seven drivers on the road with you right now.

Even more drivers carry only the state minimum. When these drivers cause serious accidents, their coverage runs out quickly, leaving victims with few options.

This is where uninsured motorist (UM) and underinsured motorist (UIM) coverage becomes essential. These optional coverages protect you and your family when the other driver can’t cover your losses.

Uninsured Motorist Coverage (UM) pays your medical bills, lost wages, and other damages when the at-fault driver has no insurance at all. It also covers hit-and-run accidents where the driver flees.

Underinsured Motorist Coverage (UIM) kicks in when the at-fault driver’s insurance isn’t enough to cover your damages. If your injuries cost $80,000 and the other driver only has $30,000 in coverage, your UIM policy covers the gap.

Texas law requires insurance companies to offer you UM/UIM coverage, but you can reject it in writing. Many Texans decline this coverage to save money on premiums without understanding what they’re giving up.

How UM/UIM Coverage Works in a Real Case

One of our clients was rear-ended at a stoplight on I-35 in Dallas by a driver who was texting. Our client suffered herniated discs requiring two surgeries and months of physical therapy. Her total medical bills exceeded $210,000, and she couldn’t work for eight months.

The at-fault driver carried only $30,000 in liability coverage. His insurance paid that amount quickly, but it barely covered a fraction of her losses.

Fortunately, our client had $100,000 in underinsured motorist coverage on her own policy. After exhausting the at-fault driver’s limits, we filed a UIM claim with her insurance company. Through negotiation, we recovered an additional $95,000 from her own policy.

Without UIM coverage, she would have been left with over $180,000 in unpaid medical bills. The extra premium she paid for UIM coverage, roughly $150 per year, saved her from financial ruin.

What Is an Umbrella Policy and Why Should You Consider One?

An umbrella policy provides an extra layer of liability protection above your auto and homeowner’s insurance limits. It kicks in after your underlying policies max out.

Umbrella policies typically start at $1 million in coverage and can go much higher. The cost is surprisingly affordable. Most people pay between $150 and $300 per year for $1 million in umbrella coverage.

Consider this scenario. You cause an accident that seriously injures a family of four. Their combined medical bills, lost wages, and pain and suffering total $400,000. Your auto policy with 100/300/50 limits pays $300,000, but you’re still $100,000 short. Without an umbrella policy, that $100,000 comes out of your personal assets.

Umbrella policies also cover you in situations beyond car accidents. They protect against lawsuits from injuries on your property, defamation claims, and other liability exposures. For anyone with assets to protect, including a home, savings, or retirement accounts, umbrella coverage is one of the smartest insurance purchases available.

How Much Auto Insurance Coverage Do You Actually Need?

Insurance agents have a general rule: carry enough liability coverage to protect your net worth. If you have $200,000 in assets, you should have at least $200,000 in liability coverage. But that’s just the starting point.

Most financial advisors recommend at least 100/300/100 coverage for Texas drivers. This means $100,000 per person for bodily injury, $300,000 total per accident, and $100,000 for property damage. Combined with a $1 million umbrella policy, this provides solid protection for most families.

For UM/UIM coverage, match your liability limits. If you carry 100/300/100 liability, carry the same for uninsured and underinsured motorist protection. This ensures you’re protected whether you cause an accident or are the victim of one.

What to Do After a Car Accident in Texas

If you’ve been in an accident, especially one involving serious injuries, the steps you take immediately after can affect your ability to recover compensation.

At the scene: Call 911 and report the accident. Exchange insurance information with all drivers involved. Take photos of vehicle damage, the accident scene, and any visible injuries. Get contact information from witnesses.

Within 24-48 hours: Seek medical attention, even if you feel fine. Many injuries don’t show symptoms right away. Document everything in writing while your memory is fresh.

When dealing with insurance: Report the accident to your own insurance company promptly. Be careful what you say to the other driver’s insurance company. They may try to get you to admit fault or minimize your injuries. You are not required to give a recorded statement to the other driver’s insurer.

Before accepting any settlement: Talk to a personal injury attorney. Insurance companies often make quick lowball offers before you understand the full extent of your injuries. Once you sign a release, you can’t go back for more money.

What Happens After You Call Varghese Summersett

When you contact our firm after a car accident, here’s what to expect. First, you’ll speak with a member of our personal injury team who will ask about your accident and injuries. This initial call is free and confidential.

If we believe you have a case, we’ll schedule a consultation to review your medical records, insurance policies, and the facts of your accident. We handle personal injury cases on a contingency fee basis, meaning you pay nothing unless we recover compensation for you.

Our team will deal with the insurance companies so you can focus on recovery. We gather evidence, negotiate with adjusters, and prepare your case for trial if necessary. We’ve recovered millions for injured Texans, and we fight hard to maximize every client’s recovery.

Frequently Asked Questions About Texas Auto Insurance

Can I drive legally in Texas with just liability insurance?

Yes. Texas law only requires liability coverage at the 30/60/25 minimum. However, this protects other people, not you. If you’re injured by an uninsured driver and you don’t have UM coverage, you may have no way to recover your medical expenses.

Does my insurance cover me if I’m driving someone else’s car?

Generally, auto insurance follows the car first and the driver second. The car owner’s insurance is primary. Your insurance acts as secondary coverage if the owner’s policy isn’t enough or doesn’t apply.

What happens if I’m hit by an uninsured driver and I don’t have UM coverage?

You can sue the uninsured driver personally, but collecting is often difficult or impossible. Many uninsured drivers have few assets. Without UM coverage, you may be left paying your own medical bills even though the accident wasn’t your fault.

How long do I have to file an insurance claim after an accident in Texas?

You should report accidents to your insurance company as soon as possible, typically within a few days. For lawsuits against the at-fault driver, Texas has a two-year statute of limitations from the date of the accident. However, waiting can hurt your case as evidence disappears and memories fade.

Will my rates go up if I file a UM/UIM claim?

Texas Insurance Code § 1952.0545 prohibits insurers from raising your rates solely because you filed a UM/UIM claim for an accident that wasn’t your fault. If your rates increase, it should be based on other factors.

Get Help from an Experienced Texas Personal Injury Attorney

Understanding your insurance coverage is one thing. Knowing how to use it when you’re injured is another. Insurance companies, including your own, are businesses focused on minimizing payouts. Having an experienced attorney on your side levels the playing field.

At Varghese Summersett, our personal injury lawyers have decades of combined experience handling auto accident cases across Texas. We’ve recovered compensation for clients in Fort Worth, Dallas, Houston, and throughout the state. We understand the tactics insurance companies use to reduce or deny claims, and we know how to fight back.

If you’ve been injured in a car accident, don’t navigate the insurance process alone. Call us at (817) 203-2220 for a free consultation. We’ll review your case, explain your options, and help you understand what your claim is really worth. You pay nothing unless we recover compensation for you.

What Is a Gap in Treatment After a Car Accident?

A gap in treatment is any delay between your accident and your first doctor visit, or a pause in your ongoing medical care. Insurance companies use these gaps to argue you weren’t really hurt, and it’s one of the fastest ways to destroy a legitimate personal injury claim.

If you’ve been in a car accident in Texas and haven’t seen a doctor yet, or you stopped going to appointments, your claim may already be losing value by the day. The good news: an experienced personal injury attorney can often help explain or close that gap, but only if you act quickly.

If you’re dealing with a gap in treatment and worried about your claim, call Varghese Summersett at (817) 203-2220 for a free consultation. We’ve helped thousands of Texans recover compensation even when insurance companies tried to use gaps against them.

Why “I Feel Fine” Is the Most Dangerous Thing You Can Say

You walked away from the crash. You’re sore, maybe a little shaken, but nothing feels broken. You figure you’ll see how you feel in a few days.

This is exactly what insurance companies are counting on.

Here’s what’s actually happening in your body: Immediately after a collision, your system floods with adrenaline and endorphins. This is your “fight or flight” response, and it effectively numbs your pain sensors. You might have a herniated disc, torn ligaments, or even internal bleeding, but your brain won’t register it as pain for 24 to 72 hours.

Soft tissue injuries are particularly deceptive. Whiplash, muscle strains, and ligament tears involve microscopic damage that doesn’t show up on X-rays. As inflammation builds over three to five days, the pain often gets worse, not better. By the time you realize something is seriously wrong, you’ve already created a gap that the insurance adjuster will use against you.

In one recent case, our attorneys represented a client who felt “just stiff” after a rear-end collision on I-30 in Fort Worth. She waited six days to see a doctor. By then, her neck pain had become severe. The insurance company’s first offer was 60% lower than what her injuries warranted, and their adjuster argued repeatedly that she must not have been hurt badly since she didn’t seek immediate care. Our team had to fight significantly harder to recover fair compensation for her, documenting the medical reasons for delayed symptom onset and bringing in expert testimony about soft tissue injury patterns.

The lesson: what feels minor today can become a major problem, both physically and legally.

The Timeline: When Insurance Companies Start Cutting Your Claim Value

There’s no Texas statute that says “your claim loses 40% after two weeks.” But after handling thousands of personal injury cases across Fort Worth, Dallas, Houston, and throughout Texas, our attorneys have seen clear patterns in how adjusters evaluate gaps.

0 to 72 Hours: The Golden Window

This is considered “immediate” treatment. When you see a doctor within three days of an accident, you create a solid, documented link between the crash and your injuries. Insurance companies have a much harder time disputing causation. Your claim retains its full value.

4 to 7 Days: The Suspicious Zone

Adjusters start asking questions. They’ll check whether you went to work during this time. Did you go to the gym? Post on social media about weekend activities? Even if your delayed treatment was reasonable, expect the insurance company to offer 10 to 20% less than your claim is worth. They’ll argue that if you were really hurt, you would have gone sooner.

8 to 14 Days: The Danger Zone

This is where claims start suffering serious damage. Offers typically drop by 40 to 50%. Adjusters will aggressively argue “intervening causes,” meaning they’ll suggest something else caused your injury during that gap period. Did you lift something heavy? Sleep wrong? Fall? They’ll look for any alternative explanation.

30+ Days: The Deal Breaker

At this point, most insurance adjusters will either deny the injury claim entirely or offer what’s called “nuisance value,” sometimes as little as $500 just to make you go away. They’ll assume, at least publicly, that your injuries are unrelated to the crash. Even legitimate, serious injuries become nearly impossible to recover compensation for once you’ve waited this long without documentation.

How Insurance Adjusters Weaponize Your Gap in Treatment

Insurance companies train their adjusters to use gaps strategically. Understanding their playbook helps you see why immediate treatment matters so much.

The “Rational Person” Argument

This is their go-to. The adjuster will argue: “A rational person who is genuinely injured goes to the doctor. You didn’t see a doctor for two weeks. Therefore, you were not injured, or at least not seriously.”

It sounds logical on the surface. Juries sometimes buy it. The problem is that it ignores basic medical reality about delayed symptoms, adrenaline response, and how soft tissue injuries actually work.

The Causation Break

This is the most damaging argument, and the hardest to overcome. To win a personal injury claim in Texas, you must prove that the accident caused your injury. A gap gives the insurance company room to suggest something else did.

Here’s how it plays out: You wait 10 days to see a doctor for back pain. The adjuster responds, “How do we know you didn’t hurt your back lifting groceries on day seven? Or at the gym on day five? Since there’s no medical record from day one, you cannot prove this car accident caused your back pain.”

Without that initial documentation tying your symptoms to the crash, you’re fighting an uphill battle.

Failure to Mitigate Damages

Under Texas law, injured people have a duty to “mitigate” their damages. This means you must take reasonable steps to get better and prevent your injuries from worsening.

If you delay treatment and your condition deteriorates, the insurance company can refuse to pay for that worsening. Their argument: you failed to take care of yourself, so they shouldn’t have to pay for the consequences.

This is particularly brutal with soft tissue injuries. Untreated whiplash can develop into chronic pain. A disc injury that might have healed with early physical therapy can become a surgical case. The insurer will pay for what they claim would have been the outcome with proper treatment, not what actually happened.

What Happens to Your Body After an Accident That You Can’t Feel Yet

Understanding the medical reality helps explain why gaps happen, and why they’re so unfair.

Adrenaline masks your pain. Your body’s stress response suppresses pain signals for hours or even days after trauma. You genuinely feel okay at the scene. That doesn’t mean you are okay.

Inflammation takes time to build. Swelling around injured tissue typically peaks at 48 to 72 hours, not immediately. This is why many accident victims feel worse on day three than they did at the scene.

Internal injuries are silent. Organ damage and internal bleeding don’t always present with dramatic symptoms. Some people have walked around for days with life-threatening internal injuries.

Concussions hide. Traumatic brain injuries often don’t show obvious signs right away. Confusion, headaches, memory problems, and cognitive issues can emerge gradually over days or weeks.

Disc injuries progress. A herniation that feels like mild stiffness today can worsen as it impinges on nerves, eventually causing severe pain, numbness, or weakness in your extremities.

The medical community understands all of this. Insurance adjusters understand it too. They just don’t care, because their job is to pay you as little as possible.

How a Texas Personal Injury Attorney Can Help Close the Gap

Even if you’ve already created a gap, an experienced attorney can sometimes explain it, document it, or minimize its impact. But timing matters.

Controlling the Narrative

Maybe you waited because you don’t have health insurance. Maybe you were afraid of the cost. Maybe you’re a single parent who couldn’t take time off work. Maybe you genuinely thought you were fine until symptoms worsened.

These are valid reasons. But if you don’t document them properly, the insurance company will spin your gap as evidence of fraud or exaggeration. An attorney can help establish a record of why you delayed, so it doesn’t look like you’re making up injuries after the fact.

Letters of Protection

Many people avoid the doctor after an accident because they’re worried about cost. They don’t have health insurance, or they’re afraid of copays and deductibles piling up.

A personal injury attorney can issue what’s called a Letter of Protection (LOP). This is a document that tells the medical provider: treat this patient now, and you’ll be paid out of the eventual settlement. It allows you to get the care you need immediately without paying out of pocket, closing your gap right away.

At Varghese Summersett, we work with a network of medical providers throughout Texas who accept LOPs, ensuring our clients can access treatment regardless of their insurance situation.

Preventing Recorded Statement Mistakes

One of the first things an insurance adjuster will do is ask for a recorded statement. They’ll ask friendly-sounding questions designed to get you to minimize your injuries.

“But you didn’t go to the hospital, so you must have felt okay at the scene, right?”

“You went to work the next day, so the pain couldn’t have been that bad?”

Anything you say can and will be used to reduce your claim. An attorney can handle communications with the insurance company, preventing you from accidentally undermining your own case.

Building the Medical Evidence

Our attorneys work closely with medical professionals to document the connection between your accident and your injuries, even when there’s been a gap. This might include expert testimony explaining delayed symptom onset in soft tissue injuries, medical literature supporting the timeline of your specific injury type, documentation of your symptoms and their progression, and independent medical examinations that establish causation.

This doesn’t guarantee we can overcome a significant gap, but it gives you the best possible chance.

What to Do Right Now If You’ve Been in an Accident

Whether your accident happened today or two weeks ago, here’s what you should do.

If you’re within 72 hours of your accident: Go to urgent care or the emergency room today. Tell the doctor clearly: “I was in a car accident on [date] at [time], and I am experiencing [symptoms].” Be specific and thorough. Mention everything, even symptoms that seem minor. This creates the medical record that protects your claim.

If you’re within one to two weeks: See a doctor immediately. The longer you wait, the more value your claim loses. Even a late record is better than no record.

If it’s been more than two weeks: You still have options, but you need legal help now. Call an attorney before seeing the doctor so they can help you document the gap appropriately.

Regardless of timing: Do not give a recorded statement to the insurance company without talking to an attorney first. Follow through on every medical referral. If the doctor recommends imaging, physical therapy, or specialist evaluation, do it. Don’t skip appointments. Missed visits show up in medical records, and adjusters will find them. Document your symptoms daily. Keep notes on your pain levels, limitations, and how your injuries affect your daily life.

What Happens After You Call Varghese Summersett

We understand that dealing with injuries, medical bills, and insurance companies is overwhelming. Here’s what to expect when you reach out to our team.

During your free consultation, we’ll review the details of your accident, your injuries, and any treatment you’ve received (or haven’t received). We’ll give you an honest assessment of your case, including how any gap in treatment might affect it.

If we take your case, we handle everything: communicating with insurance companies, connecting you with medical providers who accept Letters of Protection, gathering evidence, and fighting for the compensation you deserve.

Our personal injury team has recovered millions of dollars for Texas accident victims. We have offices in Fort Worth, Dallas, Houston, and Southlake, and we handle cases throughout the state.

Frequently Asked Questions About Gaps in Treatment

How long is too long to wait to see a doctor after a car accident?

Ideally, you should seek medical attention within 72 hours. After one week, your claim starts losing value. After two weeks, you’ll face significant challenges. After 30 days, most insurers will deny or severely devalue your claim. However, even with a gap, an attorney may be able to help. Call us for a free consultation to discuss your specific situation.

What if I couldn’t afford to see a doctor after my accident?

This is common, and it’s a valid reason for delay. A personal injury attorney can issue a Letter of Protection that allows you to receive treatment now and pay later out of your settlement. Don’t let cost keep you from getting the care and documentation you need.

Can I still file a claim if I have a gap in treatment?

Yes, but your claim will be harder to prove and likely worth less than it would have been with immediate treatment. An experienced attorney can help document the reasons for your gap and build the strongest possible case given the circumstances.

What counts as a “gap” in treatment?

Both an initial delay (time between the accident and your first doctor visit) and treatment gaps (stopping physical therapy or doctor visits for weeks, then resuming) can hurt your claim. Consistency matters throughout your recovery.

What should I tell the doctor when I go?

Be specific: “I was in a car accident on [date] at [approximate time] and I am experiencing [list all symptoms].” Mention everything, even things that seem minor. This creates the medical record linking your symptoms to the accident.

Protect Your Claim. Talk to a Texas Personal Injury Attorney Today.

Insurance companies have teams of adjusters trained to find reasons to pay you less. A gap in treatment hands them exactly what they need.

At Varghese Summersett, we’ve spent years fighting insurance companies on behalf of injured Texans. We know their tactics, and we know how to counter them. Our firm has more than 70 team members across four Texas offices, and our personal injury attorneys have recovered millions for clients, including many who came to us worried that a gap in treatment had ruined their case.

If you’ve been injured in an accident, whether it happened yesterday or weeks ago, call us at (817) 203-2220 for a free consultation. We’ll give you an honest assessment of your case and explain your options.

Don’t let a gap in treatment cost you the compensation you deserve. Call Varghese Summersett today.

What Is a Gap in Treatment After a Car Accident?

A gap in treatment is any delay between your accident and your first doctor visit, or a pause in your ongoing medical care. Insurance companies use these gaps to argue you weren’t really hurt, and it’s one of the fastest ways to destroy a legitimate personal injury claim.

If you’ve been in a car accident in Texas and haven’t seen a doctor yet, or you stopped going to appointments, your claim may already be losing value by the day. The good news: an experienced personal injury attorney can often help explain or close that gap, but only if you act quickly.

If you’re dealing with a gap in treatment and worried about your claim, call Varghese Summersett at (817) 203-2220 for a free consultation. We’ve helped thousands of Texans recover compensation even when insurance companies tried to use gaps against them.

Why “I Feel Fine” Is the Most Dangerous Thing You Can Say

You walked away from the crash. You’re sore, maybe a little shaken, but nothing feels broken. You figure you’ll see how you feel in a few days.

This is exactly what insurance companies are counting on.

Here’s what’s actually happening in your body: Immediately after a collision, your system floods with adrenaline and endorphins. This is your “fight or flight” response, and it effectively numbs your pain sensors. You might have a herniated disc, torn ligaments, or even internal bleeding, but your brain won’t register it as pain for 24 to 72 hours.

Soft tissue injuries are particularly deceptive. Whiplash, muscle strains, and ligament tears involve microscopic damage that doesn’t show up on X-rays. As inflammation builds over three to five days, the pain often gets worse, not better. By the time you realize something is seriously wrong, you’ve already created a gap that the insurance adjuster will use against you.

In one recent case, our attorneys represented a client who felt “just stiff” after a rear-end collision on I-30 in Fort Worth. She waited six days to see a doctor. By then, her neck pain had become severe. The insurance company’s first offer was 60% lower than what her injuries warranted, and their adjuster argued repeatedly that she must not have been hurt badly since she didn’t seek immediate care. Our team had to fight significantly harder to recover fair compensation for her, documenting the medical reasons for delayed symptom onset and bringing in expert testimony about soft tissue injury patterns.

The lesson: what feels minor today can become a major problem, both physically and legally.

The Timeline: When Insurance Companies Start Cutting Your Claim Value

There’s no Texas statute that says “your claim loses 40% after two weeks.” But after handling thousands of personal injury cases across Fort Worth, Dallas, Houston, and throughout Texas, our attorneys have seen clear patterns in how adjusters evaluate gaps.

0 to 72 Hours: The Golden Window

This is considered “immediate” treatment. When you see a doctor within three days of an accident, you create a solid, documented link between the crash and your injuries. Insurance companies have a much harder time disputing causation. Your claim retains its full value.

4 to 7 Days: The Suspicious Zone

Adjusters start asking questions. They’ll check whether you went to work during this time. Did you go to the gym? Post on social media about weekend activities? Even if your delayed treatment was reasonable, expect the insurance company to offer 10 to 20% less than your claim is worth. They’ll argue that if you were really hurt, you would have gone sooner.

8 to 14 Days: The Danger Zone

This is where claims start suffering serious damage. Offers typically drop by 40 to 50%. Adjusters will aggressively argue “intervening causes,” meaning they’ll suggest something else caused your injury during that gap period. Did you lift something heavy? Sleep wrong? Fall? They’ll look for any alternative explanation.

30+ Days: The Deal Breaker

At this point, most insurance adjusters will either deny the injury claim entirely or offer what’s called “nuisance value,” sometimes as little as $500 just to make you go away. They’ll assume, at least publicly, that your injuries are unrelated to the crash. Even legitimate, serious injuries become nearly impossible to recover compensation for once you’ve waited this long without documentation.

How Insurance Adjusters Weaponize Your Gap in Treatment

Insurance companies train their adjusters to use gaps strategically. Understanding their playbook helps you see why immediate treatment matters so much.

The “Rational Person” Argument

This is their go-to. The adjuster will argue: “A rational person who is genuinely injured goes to the doctor. You didn’t see a doctor for two weeks. Therefore, you were not injured, or at least not seriously.”

It sounds logical on the surface. Juries sometimes buy it. The problem is that it ignores basic medical reality about delayed symptoms, adrenaline response, and how soft tissue injuries actually work.

The Causation Break

This is the most damaging argument, and the hardest to overcome. To win a personal injury claim in Texas, you must prove that the accident caused your injury. A gap gives the insurance company room to suggest something else did.

Here’s how it plays out: You wait 10 days to see a doctor for back pain. The adjuster responds, “How do we know you didn’t hurt your back lifting groceries on day seven? Or at the gym on day five? Since there’s no medical record from day one, you cannot prove this car accident caused your back pain.”

Without that initial documentation tying your symptoms to the crash, you’re fighting an uphill battle.

Failure to Mitigate Damages

Under Texas law, injured people have a duty to “mitigate” their damages. This means you must take reasonable steps to get better and prevent your injuries from worsening.

If you delay treatment and your condition deteriorates, the insurance company can refuse to pay for that worsening. Their argument: you failed to take care of yourself, so they shouldn’t have to pay for the consequences.

This is particularly brutal with soft tissue injuries. Untreated whiplash can develop into chronic pain. A disc injury that might have healed with early physical therapy can become a surgical case. The insurer will pay for what they claim would have been the outcome with proper treatment, not what actually happened.

What Happens to Your Body After an Accident That You Can’t Feel Yet

Understanding the medical reality helps explain why gaps happen, and why they’re so unfair.

Adrenaline masks your pain. Your body’s stress response suppresses pain signals for hours or even days after trauma. You genuinely feel okay at the scene. That doesn’t mean you are okay.

Inflammation takes time to build. Swelling around injured tissue typically peaks at 48 to 72 hours, not immediately. This is why many accident victims feel worse on day three than they did at the scene.

Internal injuries are silent. Organ damage and internal bleeding don’t always present with dramatic symptoms. Some people have walked around for days with life-threatening internal injuries.

Concussions hide. Traumatic brain injuries often don’t show obvious signs right away. Confusion, headaches, memory problems, and cognitive issues can emerge gradually over days or weeks.

Disc injuries progress. A herniation that feels like mild stiffness today can worsen as it impinges on nerves, eventually causing severe pain, numbness, or weakness in your extremities.

The medical community understands all of this. Insurance adjusters understand it too. They just don’t care, because their job is to pay you as little as possible.

How a Texas Personal Injury Attorney Can Help Close the Gap

Even if you’ve already created a gap, an experienced attorney can sometimes explain it, document it, or minimize its impact. But timing matters.

Controlling the Narrative

Maybe you waited because you don’t have health insurance. Maybe you were afraid of the cost. Maybe you’re a single parent who couldn’t take time off work. Maybe you genuinely thought you were fine until symptoms worsened.

These are valid reasons. But if you don’t document them properly, the insurance company will spin your gap as evidence of fraud or exaggeration. An attorney can help establish a record of why you delayed, so it doesn’t look like you’re making up injuries after the fact.

Letters of Protection

Many people avoid the doctor after an accident because they’re worried about cost. They don’t have health insurance, or they’re afraid of copays and deductibles piling up.

A personal injury attorney can issue what’s called a Letter of Protection (LOP). This is a document that tells the medical provider: treat this patient now, and you’ll be paid out of the eventual settlement. It allows you to get the care you need immediately without paying out of pocket, closing your gap right away.

At Varghese Summersett, we work with a network of medical providers throughout Texas who accept LOPs, ensuring our clients can access treatment regardless of their insurance situation.

Preventing Recorded Statement Mistakes

One of the first things an insurance adjuster will do is ask for a recorded statement. They’ll ask friendly-sounding questions designed to get you to minimize your injuries.

“But you didn’t go to the hospital, so you must have felt okay at the scene, right?”

“You went to work the next day, so the pain couldn’t have been that bad?”

Anything you say can and will be used to reduce your claim. An attorney can handle communications with the insurance company, preventing you from accidentally undermining your own case.

Building the Medical Evidence

Our attorneys work closely with medical professionals to document the connection between your accident and your injuries, even when there’s been a gap. This might include expert testimony explaining delayed symptom onset in soft tissue injuries, medical literature supporting the timeline of your specific injury type, documentation of your symptoms and their progression, and independent medical examinations that establish causation.

This doesn’t guarantee we can overcome a significant gap, but it gives you the best possible chance.

What to Do Right Now If You’ve Been in an Accident

Whether your accident happened today or two weeks ago, here’s what you should do.

If you’re within 72 hours of your accident: Go to urgent care or the emergency room today. Tell the doctor clearly: “I was in a car accident on [date] at [time], and I am experiencing [symptoms].” Be specific and thorough. Mention everything, even symptoms that seem minor. This creates the medical record that protects your claim.

If you’re within one to two weeks: See a doctor immediately. The longer you wait, the more value your claim loses. Even a late record is better than no record.

If it’s been more than two weeks: You still have options, but you need legal help now. Call an attorney before seeing the doctor so they can help you document the gap appropriately.

Regardless of timing: Do not give a recorded statement to the insurance company without talking to an attorney first. Follow through on every medical referral. If the doctor recommends imaging, physical therapy, or specialist evaluation, do it. Don’t skip appointments. Missed visits show up in medical records, and adjusters will find them. Document your symptoms daily. Keep notes on your pain levels, limitations, and how your injuries affect your daily life.

What Happens After You Call Varghese Summersett

We understand that dealing with injuries, medical bills, and insurance companies is overwhelming. Here’s what to expect when you reach out to our team.

During your free consultation, we’ll review the details of your accident, your injuries, and any treatment you’ve received (or haven’t received). We’ll give you an honest assessment of your case, including how any gap in treatment might affect it.

If we take your case, we handle everything: communicating with insurance companies, connecting you with medical providers who accept Letters of Protection, gathering evidence, and fighting for the compensation you deserve.

Our personal injury team has recovered millions of dollars for Texas accident victims. We have offices in Fort Worth, Dallas, Houston, and Southlake, and we handle cases throughout the state.

Frequently Asked Questions About Gaps in Treatment

How long is too long to wait to see a doctor after a car accident?

Ideally, you should seek medical attention within 72 hours. After one week, your claim starts losing value. After two weeks, you’ll face significant challenges. After 30 days, most insurers will deny or severely devalue your claim. However, even with a gap, an attorney may be able to help. Call us for a free consultation to discuss your specific situation.

What if I couldn’t afford to see a doctor after my accident?

This is common, and it’s a valid reason for delay. A personal injury attorney can issue a Letter of Protection that allows you to receive treatment now and pay later out of your settlement. Don’t let cost keep you from getting the care and documentation you need.

Can I still file a claim if I have a gap in treatment?

Yes, but your claim will be harder to prove and likely worth less than it would have been with immediate treatment. An experienced attorney can help document the reasons for your gap and build the strongest possible case given the circumstances.

What counts as a “gap” in treatment?

Both an initial delay (time between the accident and your first doctor visit) and treatment gaps (stopping physical therapy or doctor visits for weeks, then resuming) can hurt your claim. Consistency matters throughout your recovery.

What should I tell the doctor when I go?

Be specific: “I was in a car accident on [date] at [approximate time] and I am experiencing [list all symptoms].” Mention everything, even things that seem minor. This creates the medical record linking your symptoms to the accident.

Protect Your Claim. Talk to a Texas Personal Injury Attorney Today.

Insurance companies have teams of adjusters trained to find reasons to pay you less. A gap in treatment hands them exactly what they need.

At Varghese Summersett, we’ve spent years fighting insurance companies on behalf of injured Texans. We know their tactics, and we know how to counter them. Our firm has more than 70 team members across four Texas offices, and our personal injury attorneys have recovered millions for clients, including many who came to us worried that a gap in treatment had ruined their case.

If you’ve been injured in an accident, whether it happened yesterday or weeks ago, call us at (817) 203-2220 for a free consultation. We’ll give you an honest assessment of your case and explain your options.

Don’t let a gap in treatment cost you the compensation you deserve. Call Varghese Summersett today.

How Business Valuation Works in Texas Divorce Cases

Business valuation in divorce determines what your company is worth so the court can divide marital assets fairly. If you or your spouse owns a business, that ownership interest will likely be subject to division, and getting the valuation right can mean the difference between keeping your company intact or watching years of hard work get split unfairly.

At Varghese Summersett, our family law attorneys have handled complex property divisions involving businesses ranging from single-member LLCs to multi-million dollar enterprises. We understand that your business isn’t just an asset on a spreadsheet. It’s your livelihood, your legacy, and often your family’s primary source of income.

Is Your Business Community or Separate Property in Texas?

Before anyone can value your business, the court must first decide how much of it belongs to the marriage. Texas is a community property state, which means most assets acquired during the marriage belong equally to both spouses, regardless of whose name is on the paperwork.

Under Texas Family Code § 3.003, property owned before marriage is separate property. But here’s where it gets complicated: if your separate property business increased in value during the marriage because of your time, effort, and skill, that growth may be considered community property.

Texas courts call this “active appreciation.” If you worked 60-hour weeks building your company while your spouse managed the household and raised your children, the value you created through that effort likely belongs to both of you.

On the other hand, “passive appreciation” stays separate. If your business grew simply because the market improved or your industry expanded, that increase typically remains yours alone.

Questions That Determine Characterization

Courts look at several factors when deciding how to characterize a business:

• When did you start or acquire the business? A company started before marriage is separate property at its core.
• What was the business worth on your wedding day? This baseline matters tremendously.
• How was growth funded? If community income was reinvested into a separate property business, some of that value may now be community property.
• Did your spouse contribute? Contributions don’t have to be direct. A spouse who handled all domestic responsibilities so you could focus on the business may have a claim to the appreciation.

What Valuation Standard Do Texas Courts Use?

Texas divorce courts use “fair market value” as the standard for valuing businesses. This means the price a hypothetical willing buyer would pay a hypothetical willing seller in an arm’s length transaction, where neither party is under pressure to buy or sell.

This standard matters because it’s different from “investment value,” which considers what the business is worth to you specifically. Your company might be worth more to you because of your relationships, your skills, or your plans for the future. But the court doesn’t care about that. They want to know what a stranger would pay for it.

The Discount Debate

One of the most contested issues in business valuation is whether to apply discounts for lack of marketability or lack of control. The spouse who owns the business usually argues for these discounts because they lower the value. The non-owning spouse argues against them.

In a 2023 Tarrant County case, our attorneys represented a business owner whose spouse’s expert applied no discounts whatsoever, inflating the company’s value. By presenting credible expert testimony on appropriate minority interest and marketability discounts, we helped our client reach a settlement that reflected the business’s actual worth in the real world, not a theoretical maximum.

The Three Methods for Valuing a Business in Divorce

Business appraisers typically use one or more of three approaches to determine fair market value. Understanding these methods helps you evaluate whether the valuation in your case makes sense.

The Asset Approach

The asset approach values a business by adding up everything it owns and subtracting everything it owes. Think of it as a snapshot of the balance sheet. This method works well for companies that hold significant tangible assets, like real estate investment firms or equipment rental companies.

For service businesses or professional practices, the asset approach often produces a “floor value” that underestimates what the company is actually worth. A successful law firm or medical practice might have minimal hard assets but generate substantial income.

The Market Approach

The market approach looks at what similar businesses have sold for recently. Appraisers find comparable companies and adjust for differences in size, risk, location, and industry conditions.

This approach works best when good comparable data exists. For common business types like restaurants, dental practices, or HVAC companies, industry databases often provide useful benchmarks. For unique or niche businesses, finding true comparables can be challenging.

The Income Approach

The income approach values a business based on its ability to generate money. Appraisers look at historical earnings, normalize them to remove one-time events or owner perks, and then apply a multiplier or discount rate to arrive at present value.

For small to mid-size Texas businesses, appraisers frequently use a capitalization multiple applied to normalized EBITDA (earnings before interest, taxes, depreciation, and amortization) or seller’s discretionary earnings.

This approach often produces the highest valuations for profitable businesses, which is why the owning spouse’s expert may prefer asset-based methods while the non-owning spouse’s expert gravitates toward income methods.

Active vs. Passive Appreciation: Why It Matters

Understanding the difference between active and passive appreciation can significantly impact your divorce settlement.

Active appreciation is value growth you caused through your efforts. This includes management decisions, marketing initiatives, capital investments, hiring talented employees, and simply showing up and working hard. Texas courts generally treat active appreciation as community property.

Passive appreciation is value growth caused by external forces beyond your control. This includes rising industry multiples, favorable tax law changes, economic booms, and general market conditions. Passive appreciation on separate property typically remains separate.

How Courts Allocate Appreciation

When a separate property business has grown during the marriage, courts must determine how much of that growth came from each source. This usually requires expert testimony and detailed financial analysis.

A common approach establishes the business value at the date of marriage and again at trial. The expert then allocates the increase between active and passive components using both qualitative evidence (what did the owner actually do?) and quantitative modeling (how did similar businesses perform during the same period?).

Key Dates That Affect Your Business Valuation

The date chosen for valuation can dramatically change the result. Texas courts consider several potentially relevant dates:

• Date of marriage establishes baseline value for separate property businesses
• Date of separation may be relevant if one spouse stopped contributing to the business
• Date of service (when divorce papers were filed) sometimes serves as a practical cutoff
• Date of trial gives the most current picture but may reflect market changes unrelated to either spouse’s efforts

Choosing the right valuation date is a strategic decision. If your business has declined since separation, you may want a later date. If it’s grown substantially, you may prefer an earlier date.

Texas courts have discretion in selecting valuation dates, and the choice often becomes a point of negotiation or litigation.

How Business Value Affects Your Divorce Settlement

Once the court establishes fair market value for the community portion of a business, several options exist for handling it in the final division.

Offset with Other Assets

The most common approach awards the entire business to the operating spouse and compensates the other spouse with a larger share of other community assets. If the community interest in your business is worth $500,000 and your total community estate is $1.5 million, your spouse might receive the house, retirement accounts, and other assets totaling $750,000 while you keep the business.

Structured Buyout

When other assets aren’t sufficient to offset the business value, courts may order a structured buyout. The operating spouse pays the other spouse their share over time, usually with interest. This arrangement can strain cash flow but allows the business to continue operating.

Sale of the Business

In rare cases, courts approve or order the sale of the business with proceeds divided between the spouses. This is typically a last resort when neither spouse can afford a buyout and the parties cannot agree on other arrangements.

What “Just and Right” Means

Texas law requires courts to divide community property in a manner that is “just and right.” This doesn’t necessarily mean 50/50. Judges consider factors including length of marriage, each spouse’s earning capacity, who was primarily responsible for building the business, and whether either spouse committed fraud or wasted community assets.

The same business valuation can produce different divisions depending on these factors. A spouse who sacrificed career opportunities to support the other’s business may receive more than 50% of the community estate.

Common Business Valuation Disputes in Texas Divorces

Certain issues arise repeatedly in business valuation cases. Knowing what to expect helps you prepare.

Hidden Income and Underreported Earnings

Business owners who control the books may be tempted to minimize reported income before a divorce. Cash-heavy businesses are particularly susceptible. Forensic accountants can analyze bank deposits, lifestyle expenses, and industry benchmarks to uncover discrepancies.

Excessive Owner Compensation

When normalizing earnings, appraisers must determine reasonable compensation for the owner’s services. An owner who pays themselves $500,000 annually for a role that typically commands $200,000 is suppressing the business’s apparent profitability. The excess compensation should be added back when calculating true earnings.

Goodwill: Personal vs. Enterprise

Goodwill is the value of a business beyond its tangible assets. Texas courts distinguish between enterprise goodwill (which attaches to the business itself) and personal goodwill (which depends on a specific individual’s reputation and relationships).

This distinction matters most in professional practices. A physician’s patient relationships may constitute personal goodwill that shouldn’t be divided. But the practice’s location, staff, systems, and reputation independent of any one doctor would be enterprise goodwill subject to division.

Dueling Experts

Each side typically hires their own business appraiser, and the results can vary wildly. We’ve seen cases where one expert valued a company at $2 million while the opposing expert claimed $5 million. The court must weigh the credibility, methodology, and assumptions of each expert.

Having an attorney who understands business valuation and can effectively cross-examine opposing experts is essential in these cases.

What to Do If You’re Facing Business Valuation in Your Divorce

Protecting your interests requires proactive steps from the beginning.

Gather financial records early. You’ll need several years of tax returns, financial statements, bank records, contracts, and organizational documents. The more complete your records, the more accurate the valuation.

Understand your business’s true worth. Even before hiring a formal appraiser, you should have a sense of what your company might be worth using industry multiples and comparable sales data.

Choose your experts wisely. A credentialed business appraiser (look for CVA, ASA, or ABV designations) with experience in divorce cases and your specific industry will produce more credible testimony than a generalist.

Be honest with your attorney. If there are skeletons in your financial closet, your lawyer needs to know about them before the other side discovers them through discovery.

Think beyond the valuation number. The final outcome depends not just on what the business is worth but on how the court decides to handle that value in the overall property division.

Frequently Asked Questions About Business Valuation in Texas Divorce

Can my spouse take half my business in a Texas divorce?

Your spouse cannot literally take half ownership of your business in most cases. However, they are entitled to their share of the community property value of the business. This usually means you keep the business but compensate your spouse through other assets or a buyout.

What if I started my business before we got married?

A business started before marriage is separate property. However, any increase in value caused by your efforts during the marriage may be community property. You’ll need a valuation at both the date of marriage and the present to determine what portion is subject to division.

Do I need a business valuation expert?

For any business worth more than a nominal amount, yes. Texas courts expect credentialed expert testimony for business valuations. While a business owner can testify to value, that testimony typically carries less weight than formal expert analysis.

How long does business valuation take in a divorce?

A thorough business valuation typically takes 4-8 weeks once the appraiser has all necessary documents. Complex businesses with multiple entities, extensive real estate holdings, or disputed characterization issues may take longer.

Can I get alimony based on my spouse’s business income?

Business income can affect spousal maintenance calculations in Texas. However, Texas has strict limits on spousal maintenance, and it’s only available in specific circumstances. The business’s profitability may be more relevant to property division than ongoing support.

Get Help from an Experienced Texas Divorce Attorney

Business valuation in divorce is too complex and consequential to handle without skilled legal guidance. The decisions made during this process will affect your financial future for years, possibly decades.

At Varghese Summersett, our family law team includes attorneys who understand both the legal framework and the financial intricacies of business valuation disputes. We work with top forensic accountants and business appraisers to ensure our clients’ interests are protected.

Whether you’re the business owner trying to preserve what you’ve built or the spouse seeking your fair share of marital assets, we can help you understand your rights and pursue the best possible outcome.

Contact us today at (817) 900-3220 for a free consultation. We serve clients throughout Texas from our offices in Fort Worth, Dallas, Houston, and Southlake.