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Varghese Summersett

A new bill in the Texas House of Representatives is sparking controversy by proposing significant changes to personal injury law that critics argue would favor insurance companies and large corporations at the expense of everyday Texans who get injured or lose loved ones due to negligence.

Texas House Bill 4806 , introduced by Rep. Greg Bonnen (R-Friendswood), seeks to significantly alter how personal injury claims are handled in the state. The bill, if passed, would implement substantial changes to how damages are calculated, what evidence can be presented in court, and how medical expenses are reimbursed in personal injury cases.

The 24-page proposed legislation has sparked intense debate, with strong opinions on both sides. Proponents argue it will prevent excessive litigation and reduce insurance costs, while opponents claim it will limit personal injury victims’ ability to recover fair compensation and reduce corporate accountability. Critics have also labeled this bill as part of a broader effort to curb so-called ‘nuclear verdicts’—jury awards that result in exceptionally high damages against defendants.

The personal injury attorneys at Varghese Summersett explain the key provisions of this bill, offer examples of how it harms injury victims, and outline what Texans can do to fight against this legislation.

Key Provisions of Texas House Bill 8406

Key Provisions of House Bill 4806

1. Restrictions on Medical Expense Recovery

One of the most controversial aspects of HB 4806 is its impact on how medical expenses are calculated in personal injury claims. Under current Texas law, plaintiffs can seek recovery for medical expenses that have been billed, even if they have received reductions or adjustments through insurance or other agreements.

HB 4806 proposes that injury victims should only be able to recover the amount actually paid, rather than the full amount billed by healthcare providers. This change would dramatically reduce the amount plaintiffs can claim in damages, ultimately benefiting insurers and large corporations at the expense of injured Texans. Additionally, it would limit recovery for medical expenses incurred under Letters of Protection (LOPs), which many uninsured or underinsured victims rely on for medical care.

Further, HB 4806 ties medical expense recovery to a state database, limiting reimbursement to 150% of the median amount paid by non-government third-party payers. This means that individuals who receive treatment at hospitals with higher costs or who lack insurance may face significant financial hardship due to reimbursement limits.

Additionally, failure to use available health insurance could be considered a failure to mitigate damages, meaning victims could be penalized for not using insurance, even if they preferred or were advised to seek care elsewhere.

HB 4806 also eliminates the controverting affidavit, making it easier for insurance companies to dispute medical costs. Instead of requiring a formal affidavit to challenge medical expenses, defendants can now simply file a notice of intent to contest medical charges, making it harder for plaintiffs to prove their damages.

2. Caps on Non-Economic Damages

Texas currently does not cap non-economic damage s for most personal injury claims, except for medical malpractice cases, where a $250,000 cap applies. HB 4806 could extend similar restrictions to general personal injury claims, significantly limiting the compensation available to victims of serious accidents. The bill seeks to introduce or expand caps on damages for pain and suffering, mental anguish, and loss of companionship, making it harder for injured individuals to receive full and fair compensation.

Additionally, the bill proposes new definitions for pain and suffering, requiring plaintiffs to meet a higher burden of proof to recover damages for emotional distress and long-term suffering. It would also redefine “mental or emotional pain or anguish as requiring proof of a “grievous and debilitating” impact on daily life, making it significantly harder for victims to recover fair compensation for psychological trauma.

Texas House Bill 4806 further requires judges to justify non-economic damage awards that exceed certain limits. If a jury awards damages above a predetermined cap, the judge must provide written justification based on past Texas case law, adding another hurdle for plaintiffs seeking fair compensation.

knowledge is power

3. Changes to Admissible Evidence in Court

Currently, plaintiffs can present a full range of evidence to establish the severity of their injuries and the impact on their lives. HB 4806 aims to tighten these rules by limiting what types of medical and financial evidence can be introduced. This could make it more difficult for plaintiffs to prove their case, especially in complex injury claims where future medical expenses and long-term disability are factors.

The bill also limits jury-anchoring, which means attorneys would be prohibited from suggesting specific monetary amounts for damages during trial, making it more challenging for juries to assess fair compensation.

4. Proposed Changes to Liability Standards

Texas follows a modified comparative fault system, where a plaintiff can recover damages if they are 50% or less at fault for an incident. HB 4806 proposes stricter liability rules that would make it harder for injury victims to recover compensation if they are found even slightly at fault for their injuries. This could disproportionately impact victims in car accidents, workplace injuries, and product liability cases, where liability is often contested.

5. Unanimous Jury Requirement for Non-Economic Damages

HB 4806 mandates that jurors must unanimously agree on the amount of non-economic damages awarded in personal injury cases. This is a significant departure from the current rule, which allows verdicts with 10 out of 12 jurors in agreement. By requiring all 12 jurors to agree on non-economic damages, the bill makes it much harder for injured individuals to secure compensation for pain, suffering, and mental anguish.

6. Prejudgment Interest Changes

Under HB 4806, prejudgment interest will only apply to economic damages, and it will only begin accruing from the date medical expenses were actually paid, rather than from the date of injury. This change significantly limits the amount of interest an injured party can recover, further reducing overall compensation.

Supporters vs. Opponents of HB 4806

Who Benefits from Texas House Bill 4806?

Supporters of HB 4806 argue that it is necessary to curb what they perceive as excessive litigation and inflated personal injury settlements. They claim that allowing plaintiffs to recover billed, rather than paid, medical expenses creates an unfair financial burden on insurers and businesses, leading to higher insurance premiums for all Texans.

Additionally, proponents argue that placing reasonable limits on non-economic damages will prevent frivolous lawsuits and ensure that Texas remains a business-friendly state. They believe that excessive personal injury awards drive up healthcare costs and discourage investment in the state’s economy. Here’s who benefits from HB 4806:

  • Insurance Companies: By reducing the amount they are required to pay in claims, insurance providers stand to save millions, increasing their profitability.
  • Large Corporations: Businesses facing liability lawsuits, particularly in industries like construction, manufacturing, and transportation, would benefit from reduced financial exposure.
  • Medical Providers with Insurance Ties: Healthcare entities aligned with insurers may also see indirect benefits, as the bill could discourage high-cost personal injury claims.

Who Opposes House Bill 4806 and Why?

House Bill 4806 faces strong opposition from several groups due to its potential to limit the rights of injury victims. PI victims are among the most affected, as the bill restricts their ability to recover fair compensation for medical expenses and non-economic damages. This shift in financial burden from negligent parties to victims could leave many without adequate support for their injuries or losses. Here’s who opposes HB 4806:

  • Injury Victims: The biggest losers under HB 4806 would be individuals who suffer serious injuries due to negligence. By limiting what they can recover, the bill shifts the financial burden from negligent parties to the victims themselves.
  • Personal Injury Attorneys: Lawyers who fight for injury victims argue that this bill is designed to benefit corporations and insurers at the expense of everyday Texans.
  • Consumer Advocacy Groups: Organizations dedicated to protecting consumer rights believe Texas House Bill 4806 will make it harder for victims to receive fair compensation, allowing negligent parties to escape full accountability.

How HB 4806 Could Impact Injury Victims

  • Example 1: Car Accident Victim
    A driver is hit by a distracted truck driver and incurs $100,000 in medical expenses. Due to insurance adjustments, the actual payment is reduced to $50,000. Under HB 4806, the victim could only claim the $50,000 rather than the full $100,000, leaving them to cover the difference.
  • Example 2: Workplace Injury
    A construction worker falls due to unsafe working conditions and suffers permanent disability. If HB 4806 places stricter limits on non-economic damages, their pain and suffering compensation could be capped, regardless of the lifelong impact of the injury.
  • Example 3: Medical Malpractice Case
    A patient undergoes a surgical procedure and is left with permanent complications due to negligence. If HB 4806 expands caps on non-economic damages beyond existing medical malpractice laws, their ability to recover for pain, suffering, and loss of quality of life could be severely limited.

What Texans Can Do if the Oppose HB 4806

What Texans Can Do if They Oppose House Bill 4806

For those who believe Texas House Bill 4806 unfairly limits injury victims’ rights, there are several ways to take action:

  • Contact State Legislators: Texans can call, write, or email their state representatives to express opposition to the bill and advocate for victims’ rights.
  • Support Advocacy Groups: Organizations such as Texas Watch and the Texas Trial Lawyers Association are actively fighting against laws that limit consumer protections.
  • Attend Public Hearings: If the bill moves forward, public hearings will be held. Attending and providing testimony can help put pressure on lawmakers.
  • Engage on Social Media: Spreading awareness and mobilizing others through social media campaigns can amplify the opposition’s voice.

Varghese Summersett: Advocating for Injury Victims

At Varghese Summersett, we fight tirelessly for injury victims against powerful insurance companies and corporations that attempt to limit their financial liability. HB 4806 is another example of how big business tries to tip the scales against ordinary Texans. Our firm is dedicated to ensuring injury victims receive the full and fair compensation they deserve.

If you or a loved one has been injured due to someone else’s negligence, don’t let unfair laws or insurance tactics stand in your way. Contact Varghese Summersett today at 817-203-2220 for a free consultation, and let us fight for you.

Texas House Bill 4806: How It Hurts Personal Injury Victims

Varghese Summersett

A person’s home is their sanctuary—a place where they’re supposed to feel safe and protected. When that sense of security is shattered by an intruder, the consequences can be severe. Texas law takes home invasions extremely seriously, treating them as violent felonies with some of the harshest penalties in the country.

Texas home invasion charges involve the unlawful entry into a residence with the intent to commit a crime—whether it’s theft, assault, or another felony—while the occupants are inside. These cases fall under Texas Penal Code § 30.02 (burglary of a habitation) and other related statutes. They are often classified as first-degree felonies, meaning a conviction could result in life in prison.

Prosecutors in Texas aggressively pursue home invasion cases, pushing for maximum sentences. A strong legal defense is critical. If you are facing Texas home invasion charges, your future is on the line.

In this article, the experienced criminal defense attorneys at Varghese Summersett explain the law, potential penalties and possible defenses. We defend clients in Dallas, Fort Worth, Houston, and the surrounding areas.

What Constitutes a Home Invasion in Texas?

What Constitutes a Home Invasion in Texas?

Home invasion itself is not a separate charge under Texas law but is prosecuted under multiple criminal statutes, including:

1. Burglary of a Habitation – Texas Penal Code § 30.02

A person commits burglary of a habitation if they enter a home or building without consent and intend to commit a felony, theft, or assault. This is the most common charge in Texas home invasion cases and is classified as:

  • First-degree felony if the intent was to commit a felony other than theft (5 to 99 years in prison, up to $10,000 fine).
  • Second-degree felony if the intent was only theft (2 to 20 years in prison, up to $10,000 fine).

Example: Someone breaks into a home while the residents are inside, intending to assault the homeowner. Even if the assault does not occur, the mere intent results in Texas home invasion charges as a first-degree felony.

2. Aggravated Robbery – Texas Penal Code § 29.03

If an intruder enters a home and commits robbery while using a deadly weapon, causing serious injury, or targeting an elderly or disabled victim, they will face aggravated robbery charges, a first-degree felony.

Example: A masked person breaks into a home, points a gun at the occupants, and demands money. The presence of a firearm escalates the case to aggravated robbery.

3. Aggravated Kidnapping – Texas Penal Code § 20.04

If an intruder enters a home and restrains, abducts, or holds someone hostage, aggravated kidnapping may apply. This is also a first-degree felony, punishable by up to life in prison.

Example: During a home invasion, an intruder ties up a resident to prevent them from calling for help. Even if no further harm occurs, this could lead to Texas home invasion charges under aggravated kidnapping.

Penalties for Home Invasion Charges

 

Penalties for Texas Home Invasion Charges

The penalties for Texas home invasion charges depend on the circumstances, such as whether a weapon was used or if anyone was injured.

Charge Felony Level Potential Sentence
Burglary of a Habitation (with felony intent) First-degree 5 to 99 years in prison, up to $10,000 fine
Burglary of a Habitation (without felony intent) Second-degree 2 to 20 years in prison, up to $10,000 fine
Aggravated Robbery First-degree 5 to 99 years in prison, up to $10,000 fine
Aggravated Kidnapping First-degree 5 to 99 years in prison, up to $10,000 fine

Enhancements That Increase Penalties for Texas Home Invasion Charges

Texas law allows for sentence enhancements in home invasion cases when certain aggravating factors are present. These enhancements can significantly increase the length of a prison sentence or sometimes leading to mandatory minimum sentences.

Use of a Deadly Weapon – Mandatory Minimum Sentences Apply

If a person commits a home invasion while armed with a deadly weapon, Texas law imposes stricter penalties under the Deadly Weapon Finding (DWF). A deadly weapon includes firearms, knives, and any object used in a way that could cause serious injury or death.

  • A deadly weapon finding on a first-degree felony charge means the offender must serve at least half of their sentence before being eligible for parole.
  • If a firearm is used, the prosecution may seek aggravated robbery or capital murder charges if a fatality occurs.

Example:An intruder breaks into a home carrying a gun but does not fire it. Even if no one is injured, prosecutors can still push for a first-degree felony with a deadly weapon enhancement, increasing the minimum time behind bars.

Injury to an Occupant – Leads to Harsher Penalties

If a victim inside the home is injured during the invasion, the penalties increase substantially. Assault, aggravated assault, or even attempted murder charges may be added depending on the severity of the injury.

  • Simple bodily injury (bruises, minor cuts) can escalate the charge to a higher-level felony.
  • Serious bodily injury (broken bones, gunshot wounds, stab wounds) can result in a first-degree felony with a longer prison sentence.
  • If the victim is elderly or disabled, Texas law provides additional protections, and the minimum sentence can increase.

Example: During a home invasion, the intruder pushes the homeowner to the ground, causing a severe head injury. Even if the initial charge was burglary of a habitation, prosecutors can upgrade the charge to aggravated robbery or aggravated assault, increasing the likelihood of a lengthy prison sentence.

Prior Convictions – Repeat Offenders Face Enhanced Sentencing or Life in Prison

Texas is a habitual offender state, meaning repeat felony convictions can lead to enhanced sentencing. If a person has previous felony convictions, they may face:

  • Automatic sentence enhancements (e.g., a second-degree felony upgraded to a first-degree felony).
  • Mandatory minimum sentences (e.g., a first-degree felony with a prior conviction may carry a minimum of 15 years instead of 5).
  • Life in prison for offenders with two prior felony convictions under Texas Penal Code § 12.42(d).

Example: A person previously convicted of burglary is arrested for a second home invasion. Prosecutors may enhance the charge, seeking a longer prison sentence, and if the defendant has two prior felony convictions, a life sentence is possible.

Why Enhancements Matter in Texas Home Invasion Cases

Enhancements can mean the difference between a shorter prison term and spending decades—or life—behind bars. Texas prosecutors aggressively push for enhancements, which is why anyone facing Texas home invasion charges needs a strategic defense immediately.

 

Texas Castle Doctrine

Texas Castle Doctrine: Home Invaders Risk Getting Shot

Texas law strongly protects homeowners under the Castle Doctrine, which allows the use of deadly force against intruders without a duty to retreat. If a person unlawfully enters a home, the law presumes they are a threat, and the homeowner has the right to shoot to defend themselves. Here’s how the Castle Doctrine Could Affect Home Invaders:

  • Homeowners can legally use deadly force to stop an intruder.
  • No legal protection for the intruder—if they are injured or killed, they (or their family) cannot sue the homeowner.
  • Stand Your Ground laws apply—homeowners don’t have to warn or flee before using force.

Example: A homeowner hears a break-in at night, grabs their firearm, and shoots the intruder. Texas law protects the homeowner from criminal liability in most cases.

For those facing Texas home invasion charges, the Castle Doctrine makes defense more difficult—if a homeowner used force, prosecutors may argue the intruder’s presence alone justified the shooting. In Texas, breaking into an occupied home is not just a felony—it can be a death sentence.

Possible Defenses Against Texas Home Invasion Charges

Being arrested does not mean automatic conviction. There are several defense strategies that can challenge Texas home invasion charge including:

1. Lack of Criminal Intent: To convict, prosecutors must prove intent to commit a felony inside the home. If intent is absent, charges may be reduced or dismissed. Example: A person mistakenly enters the wrong home, believing it to be their own. Without intent to commit a crime, burglary charges may not apply.

2. Mistaken Identity: Many Texas home invasion charges arise from mistaken eyewitness identification. Surveillance footage, forensic evidence, and alibi witnesses can disprove identity claims.

3. Consent to Enter: If the accused had permission to be inside the home, burglary charges may be invalid. Example: An invited guest refuses to leave after an argument. Without criminal intent, a home invasion conviction may not stand.

4. Insufficient Evidence: Prosecutors must prove every element of the crime beyond a reasonable doubt. If the evidence is weak, the case can be dismissed.

5. Violation of Constitutional Rights: Illegal searches, unlawful arrests, and coerced confessions can lead to suppressed evidence and case dismissal.

The stakes are high. Hire the best lawyers.

Why Varghese Summersett is the Best Defense for Texas Home Invasion Charges

A home invasion conviction can result in decades behind bars. An experienced criminal defense team can challenge the prosecution’s case, negotiate plea reductions, and, if necessary, take the case to trial.
At Varghese Summersett, we:

  • Examine every piece of evidence to find weaknesses in the prosecution’s case.
  • File suppression motions if police violated your rights.
  • Negotiate with prosecutors for charge reductions or dismissals.
  • Take cases to trial when necessary to fight for your freedom.

Our attorneys have successfully defended clients facing Texas home invasion charges in Fort Worth, Dallas, and Houston.

What to Do If You’re Facing Texas Home Invasion Charges

If you have been accused a home invasion offense, it’s imperative that you take the following steps:

  • Do Not Talk to Police – Anything you say can be used against you. Tell them you want a lawyer and don’t say anything else.
  • Do Not Consent to Searches – Law enforcement must have a warrant.
  • Document Everything – Keep records of your whereabouts and potential alibi witnesses.
  • Call Varghese Summersett Immediately – A strong defense must start as soon as possible.

Contact Varghese Summersett Today

Texas prosecutors aggressively pursue home invasion cases, and a conviction could result in decades in prison. Time is critical. If you are facing Texas home invasion charges, call Varghese Summersett today at 817-203-2220. The sooner we start building your defense, the stronger it will be.

tough cases call for tougher lawyers

Varghese Summersett

A Last Will & Testament in Texas is more than just a piece of paper—it’s one of the most important legal documents you will ever create. It determines who inherits your assets, who oversees your estate, and who will care for your minor children if something happens to you. Without a legally valid will, Texas law dictates how your estate is divided, and the results may not align with your wishes.

Many people mistakenly believe that estate planning is only for the wealthy, but in reality, a will is essential for anyone who owns property, has dependents, or wants to avoid unnecessary legal complications for their loved ones. A well-crafted will provides clarity, control, and peace of mind—ensuring that your hard-earned assets go where you intend and not where the government dictates.

Texas has strict estate laws that impact how property is distributed when someone dies intestate (without a will). Understanding the importance of a Last Will & Testament and working with an experienced estate planning attorney ensures that your estate is protected.

In this article, the attorneys at Varghese Summersett explain the different types of wills, why they are important, what happens if you die without a Last Will & Testament in Texas and how an attorney can help.

What Is a Last Will in Texas

What Is a Last Will & Testament in Texas?

A Last Will & Testament is a legal document that outlines how your assets should be distributed after your death. It allows you to:

  • Name beneficiaries—who will inherit your money, property, and possessions.
  • Appoint an executor—the person responsible for carrying out your wishes and managing your estate.
  • Designate guardians—who will care for your minor children if you pass away.
  • Make charitable donations—ensuring that certain causes or organizations benefit from your estate.
  • Set conditions on inheritances—such as holding assets in a trust for young beneficiaries until they reach a certain age.

A will only becomes effective upon your death. Until then, it can be updated, modified, or revoked at any time. In Texas, wills must meet specific legal requirements, outlined in Chapter 251 of the Texas Estates Code to be considered valid. Without a properly drafted will, your estate will be distributed according to Texas intestacy laws, which may not align with your wishes or your family’s best interests.

Different Types of Wills in Texas

What Are the Different Types of Wills?

Not all wills are created equal. Texas law recognizes several types of wills, each with unique benefits and risks:
1. Formal (Attested) Wills
A formal will is the most legally secure type of will. It is:

  • Typed or written, not oral.
  • Signed by the testator (the person making the will).
  • Witnessed by at least two competent adults who are not beneficiaries.
  • A self-proving affidavit can be added, which means the will doesn’t need additional proof of validity in court—speeding up the probate process.

2. Holographic (Handwritten) Wills
A holographic will is entirely handwritten and signed by the testator without witnesses. While Texas recognizes these wills, they are more vulnerable to legal challenges, as courts must verify authenticity and intent.

3. Joint & Mirror Wills

  • Joint wills: A single will for two people, usually spouses. These can cause issues because they often cannot be changed after one spouse dies.
  • Mirror wills: Two separate wills with identical provisions, commonly used by couples who want their estate to pass in a particular way.4. Living Wills (Directive to Physicians)

4. Living Wills (Directive to Physicians)
A Living Will is not a Last Will & Testament in Texas —it specifies medical preferences in case you become incapacitated, such as whether you want life support.

What Are the Key Requirements for a Valid Will in Texas?

To be legally valid in Texas, a will must meet the following conditions:
✅ The testator must be at least 18 years old, legally married, or in the military.
✅ The testator must be of sound mind when signing the will.
✅ The will must be written (typed or handwritten)—oral wills are no longer valid.
✅ It must be signed by the testator.
✅ It must be witnessed by two competent adults (unless it’s a holographic will).

A self-proving affidavit is strongly recommended, as it speeds up probate and eliminates the need for witness testimony.

Who Needs a Last Will & Testament in Texas

Who Needs a Last Will & Testament in Texas?

Many people assume that wills are only for the elderly or the wealthy, but in reality, a will is essential for anyone who wants control over their assets.
You Need a Will If You:

✔ Own real estate or other valuable assets (home, land, business, stocks).
✔ Have children and want to choose their legal guardian in case of your passing.
✔ Want specific heirs to receive your assets instead of following Texas intestacy laws.
✔ Are unmarried but want a partner to inherit your estate.
✔ Want to prevent family disputes over inheritance.

If you die without a will, your estate may not be divided as you intended.

What Happens If You Die Without a Will in Texas?

If you pass away without a will, your estate is distributed based on Texas intestacy laws, outlined in Chapter 201 of the Texas Estates Code . This often leads to unexpected consequences, such as distant relatives inheriting assets over close friends or partners.
1. If You Are Married
Your community property usually goes to your spouse, but separate property may be split between your spouse and children.
If you have children from a previous relationship, your spouse does not automatically inherit everything.

2. If You Are Single with Children
Your children inherit everything equally. If a child is a minor, the court chooses a guardian to manage their inheritance.

3. If You Are Single with No Children
Your parents, siblings, or extended relatives inherit your estate—even if you intended for a friend or charity to receive your assets.

4. If No Heirs Exist
Your assets escheat to the State of Texas, meaning the government takes them.
Having a valid will ensures your estate goes to the people and causes you care about—not to unintended heirs or the state.

Can you change or revoke a will

Can You Change or Revoke a Will in Texas?

Yes, a Last Will & Testament in Texas can be changed or revoked at any time before your death, as long as you are mentally competent. Life circumstances change, and your will should reflect your most current wishes regarding your estate, beneficiaries, and executor. There are two primary ways to modify an existing will:

  • Creating a New Will

The easiest way to change a will is to draft a new one that explicitly revokes the previous version. The new will should include a clause stating that all previous wills and codicils are revoked to prevent conflicts. Once the new will is signed and witnessed, the old will should be physically destroyed to avoid confusion.

  • Adding a Codicil

A codicil is a formal amendment that modifies specific provisions in an existing will. A codicil must be signed and witnessed just like the original will to be legally valid.
While codicils work for small changes, multiple amendments can cause confusion—so a completely new will is often the better option.

Ways to Revoke a Will in Texas
According to Texas Estates Code § 253.002, a will can be revoked in three ways:

✅ Creating a new will that revokes the old one explicitly.
✅ Physically destroying the will with the intent to revoke it (e.g., burning, tearing, or shredding it).
✅ Directing someone else to destroy it in your presence, with your consent.

When Should You Update Your Will?

A will is not a static document—it should be reviewed and updated when significant life events occur, such as:
✔ Marriage or divorce – A divorce does not automatically revoke a will in Texas, but it does void provisions benefiting an ex-spouse.
✔ Birth of a child or grandchild – Ensure all intended heirs are included.
✔ Death of a beneficiary or executor – If your named executor or heir passes away, updates are necessary.
✔ Significant financial changes – If your assets have grown or changed substantially, your estate plan should be adjusted.
✔ Relocation to another state – Estate laws vary, so an attorney should review your will.

Updating a will ensures that your estate plan remains legally enforceable and aligned with your current wishes.

Do You Need a Lawyer to Draft a Will in Texas?

Do You Need a Lawyer to Draft a Will in Texas?

While it is legally possible to draft a will on your own, the risks of DIY estate planning far outweigh any cost savings. A will is a legal document that must comply with Texas law to be enforceable—and even a minor error can lead to costly probate issues or legal disputes.

Common Pitfalls of DIY Wills
???? Failure to meet legal requirements – A missing signature, lack of witnesses, or unclear wording can invalidate a will.
???? Ambiguous language – Vague terms may cause disputes among heirs and require court intervention.
???? Incorrect beneficiary designations – Assets could unintentionally go to the wrong people or be subject to unnecessary taxes.
???? Lack of coordination with other estate planning tools – A will alone may not be sufficient; trusts, powers of attorney, and healthcare directives may also be necessary.
???? Potential for contestation – A poorly drafted will is more likely to be challenged in probate court, leading to delays and legal fees.

How an Estate Planning Attorney Adds Value
An experienced Texas estate planning lawyer ensures that your will:
✔Complies with all legal formalities under Texas law.
✔ Minimizes probate complications, saving your heirs time and money.
✔ Clearly defines asset distribution, reducing the likelihood of disputes.
✔ Protects minor children, ensuring guardianship arrangements are legally sound.
✔ Integrates with a broader estate plan, incorporating trusts, tax planning, and medical directives.

Without professional legal guidance, a small mistake in your will could cost your family thousands of dollars in legal fees and months—if not years—of probate delays. At Varghese Summersett, we tailor wills to each client’s unique family dynamics, financial situation, and long-term goals, ensuring a comprehensive estate plan that works when it’s needed most.

Why You Need a Last Will & Testament in Texas

Why Choose Varghese Summersett to Draft Your Last Will & Testament in Texas?

Estate planning is more than just paperwork—it’s about protecting your family, your legacy, and your hard-earned assets. At Varghese Summersett, we offer customized estate planning services designed to give you peace of mind. We have two highly experienced state planning attorneys – Michael A. Livens and Brent McMullen.

  • Michael A. Livens has a strong background in finance and vast experience with estate planning. He has helped countless Texans secure their family’s future. He specializes in wills, trusts, probate law, and asset protection strategies.
  • Brent McMullen is a seasoned attorney with a deep understanding of Texas probate law. he ensures that clients have ironclad estate plans that stand up in court and prevent unnecessary disputes.

Why Clients Trust Us
✔ Tailored Estate Planning – We create custom wills and trusts based on your specific goals and financial situation.
✔ Texas-Specific Expertise – Our attorneys are well-versed in Texas probate laws, ensuring that your will is legally sound.
✔ Comprehensive Protection – We integrate wills with powers of attorney, living wills, and asset protection to create a complete estate plan.
✔ Avoid Probate Pitfalls – A properly drafted will minimizes delays, disputes, and unnecessary legal costs.
✔ Client-Focused Approach – We take the time to understand your concerns and provide personalized solutions.

Speak to an Estate Planning Attorney Today

Your Last Will & Testament in Texas is one of the most important legal documents you will ever create—don’t leave it to chance. Without a valid will, Texas law—not you—determines who inherits your estate. At Varghese Summersett, we ensure that your wishes are honored, your assets are protected, and your loved ones are cared for. Our estate planning attorneys will guide you through every step, making the process simple, efficient, and legally sound. Call 817-203-2220 to schedule a consultation today and take control of your legacy. We have locations in Fort Worth, Dallas, and Southlake.

Southlake Family Law Team

Varghese Summersett

Dozens of people gathered on Wednesday for a ribbon-cutting ceremony at Varghese Summersett’s new office in downtown Dallas.

The law firm opened its newest location at 2100 Ross Avenue, in the Arts District of the Central Business District. The centrally located office allows the firm to serve more clients in the Dallas area who need top-tier legal representation in criminal defense, personal injury, and family law.

VS Cuts Ribbon at New Dallas Location

“We’ve always wanted to have a strong physical presence in Dallas and we are excited to be an integral part of the Dallas community,” said Managing Partner Benson Varghese . “This new office provides a dynamic space for our team to continue delivering the exceptional legal representation and white-glove service that Varghese Summersett is known for. It strengthens our ability to serve clients facing complex legal challenges and reinforces our commitment to making a meaningful impact in their lives.”

The firm’s Dallas grand opening was hosted in partnership with the North Dallas Chamber of Commerce . Guests enjoyed a Bloody Mary and mimosa bar from Top Shelf Tending and hors d’oeuvres from Scratch Catering and Fine Foods, while touring the stunning space accented by Camellia Farm Flora.

Varghese Summersett Cuts the Ribbon on New Dallas LocationGuests also enjoyed a special performance by Ori Birk, a student at Booker T. Washington High School of the Performing Arts, who sang “Higher Ground” by Stevie Wonder. Later, his principal Garry Williams treated the guests to a moving a cappella performance of “A Change is Gonna Come.”

“This was such a wonderful event,” said Anna Summerett, a partner at Varghese Summersett, who was moved to tears by Williams’ performance. “It was especially meaningful to have special guests from Booker T. Washington join us, given that the school is just a few blocks away. Their performances added something truly special to the celebration.”

Sheena Winkfield, a criminal defense attorney based at the new Dallas office, agreed.

“It was also amazing to feel the support from friends, family, members of the legal community, and the broader Dallas community,” Winkfield said. “This event was a reminder of how important it is to be surrounded by people who believe in what we do and the impact we strive to make.”

Varghese Summersett Cuts the Ribbon on New Dallas Location
From left to right: Anna Summerett, Sheena Winkfield and Benson Varghese

About Varghese Summersett

Varghese Summerett 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 comprised of experienced, award-winning attorneys committed to providing exceptional legal services. Varghese Summersett has more than a thousand 5-star Google reviews and has been named a fastest growing law firm by Inc. 5000. It has also been named a “DFW Favorite,” a “Best Place to Work” and a “Best Place for Working Parents,” among numerous other accolades.

With four locations—downtown Fort Worth, downtown Dallas, Southlake, and Houston—Varghese Summersett continues to expand its reach, ensuring that more individuals and families have access to high-caliber legal representation.

Varghese Summersett

Criminal solicitation of a minor is a serious offense in Texas, and it happens more often than many realize. Law enforcement agencies and prosecutors aggressively pursue these cases, particularly when they involve violent crimes, sexual offenses, or human trafficking. Even a mere request or suggestion—without any action taken by the minor—can be enough to result in felony charges.

Texas Penal Code §15.031 defines criminal solicitation of a minor as the act of requesting, commanding, or attempting to persuade a minor (under 17) to engage in conduct that would amount to a felony. Given the state’s tough stance on crimes against children, defendants facing these allegations can expect severe legal consequences, including possible prison time and, if it involves a sex crime, sex offender registration .

If you or a loved one is facing charges related to criminal solicitation of a minor, it is crucial to understand the law, the potential defenses, and the possible penalties. In this article, the criminal defense attorneys at Varghese Summersett explain what constitutes criminal solicitation of a minor, the elements the prosecution must prove, the potential penalties, and why having an experienced defense attorney is essential when facing these serious charges.

what constitutes criminal solicitation of a minor

What Constitutes Criminal Solicitation of a Minor?

Under Texas Penal Code Section 15.031, criminal solicitation of a minor occurs when someone requests, commands, or attempts to induce a minor (under 17 years old) to engage in conduct that would constitute certain criminal offenses.

The prosecution must prove three key elements:

  1. The defendant acted with intent that the minor engage in felony conduct
  2. The solicitation was directed at someone under 17 years of age
  3. The conduct being solicited would constitute a qualifying felony offense

Importantly, the crime is complete upon the solicitation itself—it doesn’t matter whether the minor actually commits or attempts to commit the felony.

Applicable Offenses: When Criminal Solicitation Becomes Especially Serious

Criminal solicitation of a minor becomes particularly serious when it involves offenses listed in Code of Criminal Procedure 42A.054 (formerly known as “3g offenses”). These include:

Category Specific Offenses
Violent Crimes • Murder and capital murder
• Aggravated kidnapping
Sexual Offenses Sexual Assault of a Child (§22.011)
• Aggravated Sexual Assault (§22.021)
• Indecency with a Child (§21.11)
• Sexual performance by a child
• Continuous Sexual Abuse of Young Child or Children (§21.02)
Exploitation • Compelling Prostitution (§43.05(a)(2))
• Trafficking of persons
• Prostitution (§43.02)
• Solicitation of Prostitution (§43.021)
Other Serious Offenses • First-degree felony injury to a child, elderly individual, or disabled individual
• Using or employing a child younger than 18 to commit a 3g offense
• Causing a child younger than 18 to participate in a 3g offense

the corroboration requirement

The Corroboration Requirement: A Unique Legal Protection

A charge of criminal solicitation of a minor is serious, but there are legal defenses that may be available depending on the facts of the case. A strong defense strategy requires challenging the evidence, intent, and credibility of the prosecution’s claims. One defense that bears more discussion is the Texas law that says a person may not be convicted of this crime without corroborating evidence.  Section 15.031(c) creates a distinctive procedural safeguard that sets this offense apart from many others:

“A person may not be convicted under this section on the uncorroborated testimony of the minor allegedly solicited unless the solicitation is made under circumstances strongly corroborative of both the solicitation itself and the actor’s intent that the minor act on the solicitation.”

This means prosecutors typically need evidence beyond just the minor’s testimony. If only the minor’s testimony exists, it must be accompanied by circumstances that strongly corroborate:

  • That the solicitation actually occurred
  • That the defendant intended for the minor to act on that solicitation

Examples of corroborating evidence might include text messages, recorded conversations, witness testimony, or physical evidence connecting the defendant to the solicitation.

What Is Not a Defense to Criminal Solicitation of a Minor

Texas Penal Code, Section 15.031(d) explicitly outlines what cannot be used as legal defenses:

  1. The minor did not act on the solicitation
  2. The actor did not intend for the minor to act on the solicitation
  3. The actor was not criminally responsible for the felony offense as an accomplice

This means defendants cannot escape liability by claiming:

  • The minor refused or failed to commit the solicited felony
  • They were “just joking” or didn’t really expect the minor to follow through
  • They wouldn’t have been criminally liable as an accomplice to the solicited offense

For example, if an individual solicits a minor to commit aggravated robbery—a first-degree felony—the solicitation itself would be charged as a second-degree felony, carrying a penalty of 2 to 20 years in prison and a fine of up to $10,000. Similarly, if the underlying offense were a second-degree felony, such as indecency with a child, the solicitation charge would be reduced to a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000.

offense levels and punishment

Offense Levels and Punishment

Criminal solicitation of a minor is generally classified one category lower than the felony solicited. For example, if someone solicits a minor to commit aggravated robbery—a first-degree felony—the solicitation itself would be charged as a second-degree felony, carrying a penalty of 2 to 20 years in prison and a fine of up to $10,000. Similarly, if the underlying offense were a second-degree felony, such as indecency with a child, the solicitation charge would be reduced to a third-degree felony, punishable by 2 to 10 years in prison and a fine of up to $10,000

Solicited Offense Classification of Criminal Solicitation Punishment Range
First-degree felony Second-degree felony 2-20 years, up to $10,000 fine
Second-degree felony Third-degree felony 2-10 years, up to $10,000 fine
Third-degree felony State jail felony 180 days-2 years, up to $10,000 fine
State jail felony Class A misdemeanor Up to 1 year, up to $4,000 fine

Important Exception: If the solicited felony is capital murder, trafficking of persons, sexual assault, aggravated sexual assault, or compelling prostitution, then criminal solicitation of a minor is classified as a first-degree felony (5-99 years, up to $10,000 fine).

criminal solicitation vs. online solicitation

Criminal Solicitation vs. Online Solicitation

Criminal solicitation and online solicitation of a minor are two offenses in Texas that are frequently confused but have distinct elements. The major difference is that criminal solicitation involves encouraging or requesting someone to commit a felony, while online solicitation of a minor specifically involves using electronic communication to engage or attempt to engage a minor in sexual conduct. Here’s how they differ:

Criminal Solicitation of a Minor (§15.031) Online Solicitation of a Minor (§33.021)
Involves soliciting a minor to commit an enumerated criminal offense Specifically targets solicitation for sexual purposes
Can occur through any medium (in-person, phone, online, etc.) Specifically involves using the internet or electronic communications
Focuses on encouraging the minor to commit a felony Focuses on sexual conduct or meeting the minor for sexual purposes
Intent requirement focuses on the minor committing the felony offense Intent requirement focuses on sexual conduct

Sex Offender Registration Requirements

Criminal solicitation of a minor requires sex offender registration if it involves soliciting certain offenses listed in Article 62.001(5)(G) of the Texas Code of Criminal Procedure. These include:

Category Registrable Offenses When Solicited
Sexual Offenses • Continuous Sexual Abuse of Young Child (§21.02)
• Indecency with a Child (§21.11)
Sexual Assault (§22.011)
• Aggravated Sexual Assault (§22.021)
• Trafficking of Persons involving child sex trafficking (§20A.02(a)(7)/(8))
• Compelling Prostitution of a child (§43.05(a)(2))
• Sexual Performance by a Child (§43.25)
Kidnapping/Burglary • Aggravated Kidnapping with intent to violate or abuse sexually (§20.04(a)(4))
Burglary, if committed with intent to commit certain sexual offenses (§30.02)
Other Sexual Offenses Indecent Exposure, second conviction (§21.08)
• Online Solicitation of a Minor (§33.021)
• Obscenity involving activity with child under 18 (§43.23)
• Sale, Distribution, or Display of Harmful Material to Minor (§43.24)
• Sexual Performance by a Child (§43.25)
Employment Harmful to Children (§43.251)
Prohibited Sexual Conduct • Prohibited Sexual Conduct/Incest (§25.02)
Child Pornography Possession or Promotion of Child Pornography (§43.26)

It’s important to note that solicitation of prostitution or prostitution itself doesn’t automatically trigger registration requirements unless it involves a child in specific ways that qualify under other provisions.

Tough cases call for the toughest lawyers.

Accused of Criminal Solicitation of a Minor? Contact Us.

If you or a loved one is facing criminal solicitation of a minor charges in Texas, the experienced criminal defense attorneys at Varghese Summersett understand the complexities of these cases and the high stakes involved.

Our team has successfully defended numerous clients against these serious allegations. We approach each case with thorough investigation, strategic planning, and aggressive defense. Our attorneys have the knowledge, resources, and determination to protect your rights and fight for the best possible outcome.

Don’t face these serious charges alone. Contact Varghese Summersett today at (817) 203-2220 for a confidential consultation. The sooner you reach out, the sooner we can begin building your defense.

Varghese Summersett

Planning for the Unexpected: Why Estate Planning Matters

No one likes to think about death, disability, or the unexpected twists life can take. It’s uncomfortable, even unsettling. But avoiding the conversation won’t stop the inevitable. What it can do, however, is leave your loved ones scrambling—facing unnecessary legal battles, financial strain, and uncertainty about your wishes.

Estate planning isn’t just about dividing assets; it’s about protecting your family, ensuring your legacy, and making sure the people you care about most are taken care of when you no longer can. A well-crafted estate plan provides peace of mind, giving you control over your future while easing the burden on those you leave behind.

In this article, North Texas estate planning attorneys at Varghese Summersett explain estate planning, the role of an attorney in this process, and how our law firm can help. We serve all of North Texas and have locations in Fort Worth, Dallas, and Southlake.

what is estate planning?

What is Estate Planning?

Estate planning is the process of preparing for the management and distribution of your assets in the event of your death or incapacitation. It ensures that your wishes are carried out, minimizes legal complications, and protects your loved ones from unnecessary stress. Estate planning is not just for the wealthy—it is a critical step for anyone who wants to maintain control over their financial and medical decisions.

A well-structured estate plan can dictate who inherits your assets, appoint guardians for minor children, establish medical directives, and even provide for the care of pets. Without a proper estate plan, Texas intestacy laws will determine how your estate is distributed, which may not align with your wishes.

North Texas Estate Planning Attorneys

What Does an Estate Planning Attorney Do?

An estate planning attorney in Texas helps individuals and families plan for the management and distribution of their assets during their lifetime and after their passing. Their role includes:

  • Drafting Wills and Trusts – Ensuring that a person’s wishes regarding their property, guardianship of minor children, and other matters are legally documented and enforceable.
  • Estate and Tax Planning – Helping clients minimize estate taxes and ensure a smooth transfer of wealth through various legal strategies, such as irrevocable trusts or gifting.
  • Powers of Attorney – Preparing financial and medical power of attorney documents to designate someone to make decisions on behalf of the client in case of incapacity.
  • Healthcare Directives – Drafting advance directives or living wills to specify a client’s medical preferences if they become unable to communicate their decisions.
  • Probate and Estate Administration – Assisting families with probate proceedings, which is the legal process of validating a will, settling debts, and distributing assets.
  • Guardianship and Special Needs Planning – Establishing legal guardianship for minors or adults with special needs and creating trusts to provide for their long-term care.
  • Business Succession Planning – Helping business owners develop a plan for the transfer of ownership and management of their business in case of retirement, incapacity, or death.
  • Asset Protection – Implementing strategies to protect wealth from potential creditors, lawsuits, or other risks.

In Texas, estate planning attorneys must ensure compliance with state laws, such as community property rules and probate regulations, to provide effective legal solutions tailored to their clients’ needs.

North Texas Estate Planning Attorneys

Why is Estate Planning Important?

Estate planning is essential for avoiding legal battles, financial mismanagement, and unintended consequences after your passing. Without a plan, your estate may be subject to:

  • Probate Delays: Probate in Texas can be time-consuming and costly. A properly structured estate plan helps assets pass directly to beneficiaries without unnecessary court involvement.
  • Family Disputes: A clear estate plan reduces the likelihood of conflicts among family members over asset distribution.
  • Tax Burdens: Estate and inheritance taxes can significantly diminish the value of an estate. Strategic estate planning can help minimize tax liabilities.
  • Loss of Control: If you become incapacitated without an advance directive or power of attorney, the court may appoint someone to make decisions on your behalf—someone you may not have chosen.

North Texas Estate Planning Attorneys

Key Estate Planning Documents

A comprehensive estate plan typically includes the following essential documents:

1. Last Will and Testament
A will outlines how your assets should be distributed and names an executor to oversee the estate. It can also designate guardians for minor children.

2. Trusts
Trusts help manage assets during your lifetime and after your passing. Common types include revocable living trusts, irrevocable trusts, and special needs trusts.

3. Durable Power of Attorney
This document designates a trusted individual to manage financial affairs if you become incapacitated.

4. Medical Power of Attorney
Appoints someone to make healthcare decisions on your behalf if you are unable to do so.

5. Advance Healthcare Directive (Living Will)
Specifies your preferences for medical treatment in case of severe illness or incapacity.

6. HIPAA Authorization
The Health Insurance Portability and Accountability Act (HIPPA) establishes federal standards protecting sensitive health information from disclosure without patient consent. HIPPA authorization allows designated individuals to access your medical records.

7. Beneficiary Designations
Ensures life insurance policies, retirement accounts, and financial assets pass directly to named beneficiaries.

8. Real Estate Documents
Transfers property ownership, ensuring a clear title and could include warranty deed and estate deeds.

At Varghese Summersett, we provide expert guidance in estate planning, ensuring that all necessary documents are in place to protect your assets, honor your wishes, and provide peace of mind for you and your loved ones. Whether you need a simple will or a complex trust structure, our team is here to help navigate the process with precision and care.

North Texas Estate Planning Attorneys

Texas-Specific Estate Planning Considerations

Estate planning laws vary by state, and Texas has unique regulations that must be considered:

  • Texas is a Community Property State: Assets acquired during marriage are generally considered community property and subject to division between spouses.
  • Independent Probate Process: Texas allows for an independent administration of estates, which can streamline probate compared to other states.
  • No State Estate Tax: Unlike some states, Texas does not impose a state-level estate tax, making estate planning more straightforward for high-net-worth individuals.
  • Homestead Protections: Texas law offers strong protections for a primary residence, including exemptions from certain creditors.
  • Small Estate Affidavit: If an estate is valued at less than $75,000, Texas allows heirs to use a Small Estate Affidavit to transfer assets without full probate.

How an Estate Planning Attorney Can Help You

Estate planning attorneys provide invaluable guidance to ensure your estate is handled according to your wishes. At Varghese Summersett, our attorneys:

  • Develop customized estate plans tailored to your family’s needs.
  • Ensure legal compliance with Texas estate laws.
  • Protect assets from excessive taxation and unnecessary probate.
  • Provide compassionate guidance through every stage of the planning process.

With a deep understanding of Texas estate laws and a commitment to personalized service, Varghese Summersett helps clients secure their legacy and protect their loved ones. Our team is here to provide clarity, confidence, and peace of mind for your future.

knowledge is power

Why Choose Varghese Summersett for Estate Planning?

Varghese Summersett is a trusted North Texas law firm with a deep understanding of estate planning laws and strategies. Attorneys Michael A. Livens and Brent McMullen bring vast experience in estate planning, probate, and asset protection.

Michael A. Livens: With a strong background in finance—holding a finance degree, law degree, and MBA—Michael provides strategic counsel to individuals and families, helping them structure their estates and financial legacies with foresight and efficiency.

Brent McMullen: Brent is known for his meticulous attention to detail in estate administration, wills, and trust formations. He assists clients with comprehensive planning, ensuring their finances are managed, preserved, and transferred in alignment with their long-term goals and intentions.

Our firm takes a white-glove approach to estate planning, ensuring that every client receives personalized, top-tier legal guidance.

Speak to an Estate Planning Attorney Today

Securing your legacy starts with a conversation. Whether you’re drafting your first will, updating an existing plan, or navigating a complex estate matter, Varghese Summersett is here to help.

Call (817) 203-2220 to schedule a consultation with one of our experienced estate planning attorneys. Our team is ready to guide you through every step of the estate planning process with professionalism and care. We have offices in downtown Fort Worth, Dallas, and Southlake.

North Texas Estate Planning Attorneys

Varghese Summersett

People with strong, healthy bones often take their mobility for granted. They work out, play sports, and go about their daily activities without a second thought.

Then, in a split second, everything changes. A car crash, a slip and fall , or a workplace accident leaves them with a broken or fractured bone. Suddenly, simple tasks become monumental challenges. The injury affects every aspect of their life—personally and professionally. They weren’t prepared for the physical pain, emotional distress, and financial hardship.

If you or a loved one has suffered a broken bone due to an accident that was caused by someone else’s negligence, you may be entitled to monetary compensation for medical bills, lost wages, and pain and suffering. Your next call needs to be to a Texas broken bone lawyer who has vast experience handling broken bone cases and can help you get the compensation you deserve.

In this article, the personal injury lawyers at Varghese Summersett, explain common causes of broken bones in personal injury cases, the process for recovering compensation, and how we can help.  We offer no-cost, no-obligation consultation and if we take your case, we only get paid if we recover compensation for you. You will never pay anything upfront or out-of-pocket at our law firm.

common causes of broken bones and fractures

Common Causes of Broken Bones and Fractures

Broken bones and fractures are among the most common injuries in personal injury cases. The force from an accident can be enough to shatter bones, leading to months of pain, medical treatment, and lost wages. Some of the most common personal injury accidents that result in broken bones include:

  • Motor Vehicle Accidents: Car, truck, and motorcycle crashes generate immense force. Even with seat belts and airbags, the human body is no match for the impact of a high-speed collision. Fractured ribs, arms, legs, and collarbones are common.
  • Workplace Accidents:Falls from heights, machinery malfunctions, and heavy equipment accidents often result in broken bones. Construction workers, warehouse employees, and industrial laborers are particularly at risk.
  • Defective Products: Property owners have a duty to maintain safe conditions for visitors. Slippery floors, uneven pavement, poor lighting, or lack of handrails can lead to dangerous falls that result in broken bones. Elderly individuals and those with mobility issues are particularly vulnerable to these accidents.
  • Premise Liability: Property owners have a duty to maintain safe conditions for visitors. Slippery floors, uneven pavement, poor lighting, or lack of handrails can lead to dangerous falls that result in broken bones. Elderly individuals and those with mobility issues are particularly vulnerable to these accidents.
  • Explosions: Explosions can cause catastrophic injuries, including severe fractures. Whether from industrial accidents, gas leaks, or defective products, the force of an explosion can throw victims into hard surfaces, leading to broken bones and other life-altering injuries.
  • Sports Injuries: Contact sports and extreme activities carry an inherent risk of broken bones. However, if an injury is caused by unsafe premises, defective equipment, or negligence by another party, the victim may have legal recourse.
  • Assault and Battery: A violent attack can result in severe bone fractures. Whether from a punch, kick, or blunt object, the damage can be significant. In these cases, both civil and criminal claims may be pursued.

accident caused by negligence

What to Do After an Accident Caused by Negligence

If you suspect your broken bone was caused by someone else’s negligence, take the following steps to protect your health and your legal claim:

  1. Seek Immediate Medical Attention: Even if the break seems minor, you need professional medical care. X-rays, MRIs, or CT scans will determine the extent of the injury.
  2. Follow Your Doctor’s Treatment Plan: Failing to follow medical advice can be used against you by insurance companies, who may argue that you made your condition worse.
  3. Gather Evidence: If possible, take photos of the accident scene, your injuries, and any hazards that contributed to the incident.
  4. Obtain Witness Statements: If someone saw the accident, get their contact information and a statement if possible. Witness testimony can be crucial in proving liability.
  5. Report the Incident: If your injury occurred at work, report it to your employer. If it happened on someone else’s property, notify the property owner or manager.
  6. Contact a Texas Broken Bone Lawyer: An attorney can assess your case, determine liability, and fight for the maximum compensation you deserve.

Taking swift action after a bone fracture caused by negligence can significantly impact your ability to recover compensation. Delays in seeking medical treatment, failing to document the accident, or speaking with insurance adjusters without legal guidance can jeopardize your claim.

By consulting an experienced Texas broken bone lawyer, you can ensure that your case is handled properly from the start, increasing your chances of securing full and fair compensation. Every step you take now can make a difference in your financial and physical recovery.

Types of Compensation for Broken Bones and Fractures

In Texas, victims of broken bones and fractures can pursue different types of compensation , depending on the severity of their injury and its impact on their life. They include economic, non-economic and punitive damage. Here’s an overview of each type of damage:

Economic Damages

These are tangible losses that have a specific dollar amount, including:

  • Medical Expenses: Emergency room visits, surgeries, physical therapy, and follow-up care.
  • Lost Wages: Compensation for income lost while recovering.
  • Future Medical Costs: If ongoing treatment or rehabilitation is needed.
  • Loss of Earning Capacity: If the injury affects your ability to work long-term.

Non-Economic Damages

These damages compensate for losses that are more difficult to quantify, such as:

  • Pain and Suffering: Chronic pain, discomfort, and emotional distress caused by the injury.
  • Loss of Enjoyment of Life: If your injury prevents you from engaging in activities you once loved.
  • Emotional Distress: Anxiety, depression, and PTSD resulting from the accident.

Punitive Damages

In rare cases where the responsible party acted with gross negligence or intentional harm, punitive damages may be awarded to punish the offender and deter similar behavior in the future.

Who Can be Held Liable?

Who Can Be Held Liable for Accidents That Cause Broken Bones and Fractures?

Determining liability is crucial for securing compensation. The following parties may be held accountable, depending on the circumstances of your case:

  • Negligent Drivers: If a reckless, intoxicated, or distracted driver caused your injury in a car accident, they may be held responsible. Employers of commercial drivers may also share liability if their policies or negligence contributed to the crash.
  • Employers: If workplace safety violations, lack of protective gear, or failure to provide proper training led to your injury, your employer or a third-party contractor may be held accountable.
  • Property Owners: If hazardous conditions such as wet floors, broken stairs, or poor lighting caused you to fall or be injured on someone’s property, the owner or manager may be liable under Texas premises liability laws.
  • Manufacturers and Distributors: If a defective product—such as a faulty power tool, unstable ladder, or malfunctioning vehicle component—caused your injury, the manufacturer, distributor, or retailer may be responsible.
  • Government Entities: If your injury was caused by unsafe road conditions, improper signage, or hazardous public property, a government entity may be held liable. However, claims against government bodies have specific rules and filing deadlines in Texas.
  • Third Parties: Some cases involve multiple parties who share liability. For example, a subcontractor may be responsible for a workplace accident, or a business tenant could be liable for hazardous conditions within a leased property.

Determining who is at fault in a personal injury case requires thorough investigation and legal expertise. Liability often depends on evidence such as accident reports, witness statements, surveillance footage, and expert testimony. In many cases, more than one party may be responsible, requiring complex legal strategies to ensure full compensation. Working with an experienced Texas broken bones lawyer can make all the difference in identifying liable parties and pursuing justice.

how a texas broken bone lawyer can help

How a Texas Broken Bone Lawyer Can Help

Handling a personal injury claim on your own can be overwhelming, especially while recovering from a broken bone. A skilled attorney at Varghese Summersett can:

  • Investigate the Accident: Collect evidence, interview witnesses, and review medical records to build a strong case.
  • Establish Liability: Prove that another party’s negligence caused your injury.
  • Negotiate with Insurance Companies: Insurers often try to minimize payouts. We fight to ensure you receive full and fair compensation.
  • File a Lawsuit if Necessary: If the insurance company refuses a fair settlement, we are prepared to take your case to court.
  • Ensure You Receive Maximum Compensation: We calculate both current and future losses to secure the best possible outcome for you.

Speak to a Texas Broken Bone Lawyer Today

If you sustained a fracture or broken and believe another person or entity is liable, it’s important to contact a Texas broken bone lawyer as soon as possible. We can help. The personal injury team at Varghese Summersett understands the physical, emotional, and financial toll broken bones and fractures can have. Our team is committed to helping victims get the compensation they deserve.

We know you are going through a tough time, which is why we operate on a contingency fee basis, which means there’s no cost for a consultation, no upfront fees, and you won’t pay any legal fees unless we win your case. Don’t wait – contact us today at (817) 203-2220.

Hire our personal injury attorneys who do not settle for less.

Varghese Summersett

Child custody cases are some of the most emotionally charged legal battles. When you’re fighting for time with your children, every decision matters. Texas family courts prioritize the child’s best interests, but parents often make critical child custody case mistakes that jeopardize their rights. A single misstep can cost you time, parental rights, and even your relationship with your child.

In this article, our experienced family law attorneys explain the top 8 child custody case mistakes and how to avoid them to protect your parental rights. But first, please watch this video by Senior Associate Attorney Stephanie Sabelhaus.

1. Ignoring Court Orders

Court orders are not suggestions. If the judge has issued a temporary custody or visitation schedule, you must follow it precisely. Violating a court order, even once, can paint you as an uncooperative or irresponsible parent. Judges frown upon parents who disregard their rulings, and repeated violations can result in contempt of court, loss of custody rights, or reduced visitation.

Example: If the court orders you to return your child to the other parent by 6:00 p.m. on Sundays, but you repeatedly drop them off late, the other parent can use this as evidence that you are not respecting the court’s authority.

badmouthing the other parent

2. Badmouthing the Other Parent

It’s understandable to have frustration toward your ex, but expressing those frustrations to your child—or even in public—can backfire. Texas courts consider which parent fosters a positive relationship between the child and the other parent. Speaking negatively about your co-parent can make you appear vindictive and unwilling to support your child’s relationship with them.

Example: If your child tells the court-appointed amicus attorney that you constantly call the other parent a “deadbeat” or “liar,” the court may view you as a barrier to healthy co-parenting.

moving without notifying the court

3. Moving Without Notifying the Court

Texas law requires parents with primary custody to notify the court and the other parent before relocating. If you move without permission, the court may view this as an attempt to interfere with the other parent’s visitation rights. This can lead to a modification of custody or even loss of primary conservatorship.

Example: If you accept a job in Austin and move from Fort Worth without a judge’s approval, you may be forced to return or lose custody.

failing to document

4. Failing to Document Everything

Custody battles often come down to evidence. One of the most common child custody case mistakes is failing to document any incidents, violations, or interactions that could affect your case. Keep records of missed visitations, concerning behavior or communication with your co-parent.

Example: If the other parent consistently cancels visitations, keep text messages and emails as proof. If your case goes to court, this evidence can demonstrate their lack of involvement.

posting on social media

5. Posting Questionable Behavior on Social Media

Social media can ruin your custody case. Anything you post online can be used as evidence against you. Texas courts take social media posts seriously, especially if they depict reckless behavior, partying, or anything that could suggest a lack of responsibility.

Example: If you post pictures of yourself drunk at a bar while your child is supposed to be in your care, the other parent can use this to question your judgment and fitness as a parent.

being uncooperative with the other parent

6. Being Uncooperative with the Other Parent

Texas courts prefer parents who can co-parent effectively. If you refuse to communicate, withhold information, or make things difficult for the other parent, the court may question your ability to act in your child’s best interests.

Example: Ignoring texts or emails about medical appointments, school schedules, or extracurricular activities can make you look like an unwilling co-parent. Judges often favor the parent who demonstrates cooperation.

exposing the child to conflict

7. Exposing the Child to Conflict

Fighting in front of your child can cause emotional harm and negatively impact your case. Texas judges take parental conflict seriously, as it can affect the child’s well-being. Courts may modify custody if they believe ongoing conflict is detrimental to the child.

Example: If you argue loudly during exchanges or involve your child in disputes, the other parent can use this to show that you are not acting in the child’s best interest.

failng to hire an experienced family law attorney

6. Failing to Hire an Experienced Family Law Attorney

Child custody cases in Texas are complex, and the laws are constantly evolving. Without an experienced family law attorney, you risk making critical child custody case mistakes that could cost you dearly. A strong legal team ensures that your rights are protected and your case is presented effectively.

Example: Representing yourself in a contested custody case means you may not know how to challenge false allegations, introduce key evidence, or navigate court procedures. This can put you at a serious disadvantage.

Protect Your Custody Rights with Varghese Summersett

Avoiding child custody case mistakes is crucial, but every case is unique. At Varghese Summersett, our experienced Fort Worth family law attorneys fight for parents and children in custody disputes. Whether you need help building a strong divorce case, modifying an order, or enforcing visitation rights, we provide strategic legal representation tailored to your situation.

Don’t risk your parental rights. Call Varghese Summersett today at (817) 203-2220 or contact us online for a confidential consultation.

CTA: Helping People through Life's Greatest Challenges

Varghese Summersett

Mediation in Family Law: A Practical Guide to Solving Family Disputes

Family law disputes, such as divorce or child custody matters, often carry significant emotional and financial weight for those involved. Mediation provides an alternative to traditional courtroom battles, offering a structured yet collaborative process where a neutral mediator facilitates discussions between parties. This method aims to resolve conflicts efficiently and amicably, often resulting in agreements tailored to a family’s unique needs.

In Texas, mediation in family law is widely recognized and supported by specific laws, making it a good option for many families navigating legal challenges. In this blog post, we discuss the foundations of mediation in family law, and we provide our top tips to prepare for a mediation in family law. We are proud to have two trained mediators on our family law team – Turner Thornton and Nicole Carroll – who are also highly experienced Texas family law attorneys.

The Legal Framework for Mediation in Texas

The Legal Framework for Mediation in Texas

Statutory Basis

Texas law establishes a clear framework that encourages mediation as an effective means of resolving family disputes outside of court. The Texas Civil Practice and Remedies Code § 154.002 reflects the state’s policy of promoting peaceful resolutions, positioning mediation as a preferred alternative to lengthy litigation. This statute underscores the value Texas places on reducing conflict through cooperative methods.

In cases concerning parent-child relationships, such as custody or visitation, the Texas Family Code § 153.0071 governs the mediation process. It specifies that a mediated settlement agreement becomes legally binding once all parties sign it, provided the document includes a prominent statement—often in bold, capitalized, or underlined text—declaring its finality and irrevocability. Similarly, in divorce proceedings, Texas Family Code § 6.602 outlines mediation requirements. An agreement reached here is enforceable if it is documented in writing, signed by the parties and their attorneys (if represented), and explicitly states that it is not subject to revocation.

Confidentiality is another critical component of mediation, protected under Texas Civil Practice and Remedies Code § 154.073. This provision ensures that communications during mediation remain private, prohibiting mediators and participants from disclosing details in later proceedings unless specific exceptions apply. Additionally, in situations involving domestic violence, Texas Family Code § 153.0071(f) mandates that courts assess whether mediation is appropriate, prioritizing the safety of all parties before proceeding.

Is Mediation Always Required?

While mediation is strongly encouraged in Texas family law, it is not universally required. Courts frequently order mediation in divorce and custody cases to explore settlement possibilities before resorting to a trial. However, this is not an absolute mandate. The decision hinges on the circumstances of each case. For instance, under Texas Family Code § 153.0071(f), if a history of domestic violence exists, the court may determine that mediation poses risks and opt against it to safeguard those involved.

In summary, Texas law endorses mediation as a valuable tool for resolving family disputes, but its application varies. Understanding when it is required—or when it may be bypassed—can help families approach the process with clarity and confidence.

How to Best Prepare for a Family Law Mediation in Texas

Mediation offers a constructive path to resolve family law disputes in Texas, sparing families the strain and cost of courtroom proceedings. Whether the issue involves divorce, child custody, or property division, thorough preparation is essential to achieving a successful outcome. In Texas, where mediation frequently resolves family law cases, understanding how to prepare can empower you to secure a fair and workable agreement. This section outlines key steps to get ready, incorporating Texas-specific legal practices and practical advice to ensure you approach mediation with focus and confidence.

I. Understand the Mediation Process

I. Understand the Mediation Process

Mediation is a voluntary process in which you and the other party, often assisted by attorneys and guided by a neutral mediator, collaborate to settle your dispute. Unlike a trial, there is no judge imposing a decision. Instead, mediation gives you an active role in shaping the resolution, making it a less confrontational alternative to litigation.

In Texas, statutes such as the Texas Family Code § 6.602 (applicable to divorce cases) and § 153.0071 (covering matters involving children) promote mediation as a preferred method. These laws allow courts to refer cases to mediation and provide that agreements reached are binding if properly documented. For instance, a Mediated Settlement Agreement (MSA) must include a clear statement—typically in bold, capitalized, or underlined text—indicating it is final and irrevocable. Grasping these legal underpinnings highlights mediation’s significance and clarifies the stakes involved.

No agreement is official until you sign the MSA, meaning mediation remains a flexible opportunity to negotiate. Discussions are confidential under Texas law, fostering an environment where both sides can explore solutions openly. By understanding these elements—the collaborative nature, legal framework, and privacy protections—you can set realistic expectations and approach the process with a clear mind.

II. Assess Whether Mediation is Required or Beneficial

II. Assess Whether Mediation Is Required or Beneficial

Check Legal Obligations

Before preparing, determine whether mediation is mandatory in your case. Texas law strongly encourages mediation, and many courts, particularly in larger counties like Harris or Dallas, require it before scheduling a hearing or trial. To confirm, review your local court’s rules, which are often available online, or contact the court clerk for guidance. Additionally, examine any existing court orders related to your case; some include provisions mandating mediation for new disputes. Knowing your obligations ensures you comply with legal requirements and avoid delays.

Evaluate Practicality

Even if mediation is not required, it may still be a wise choice. Consider your goals: Are you seeking to avoid the uncertainty and expense of court? Is the other party open to negotiation? Mediation can be an efficient way to resolve conflicts if both sides are willing to engage. For those eager to move forward without prolonged litigation, it offers a practical solution. Assessing these factors helps you decide whether mediation aligns with your needs, setting the stage for a productive session.

III. Select the Right Mediator

III. Select the Right Mediator

The choice of mediator can significantly influence the success of your mediation. Not all mediators possess the same expertise or approach, so selecting one well-versed in Texas family law is critical—particularly for complex issues like property division or child custody arrangements. An experienced mediator understands the legal landscape, including statutes such as the Texas Family Code, and can steer discussions toward practical, enforceable solutions. Consulting with your attorney is a wise step; they can recommend a mediator suited to your case and explain why their background aligns with your needs.

Beyond legal expertise, consider your emotional requirements and those of the other party. If negotiations are likely to stall due to stubbornness or strong personalities, a mediator with a firm, results-oriented style may be necessary to maintain progress. Conversely, if emotions run high and you need space to express concerns, a mediator who listens patiently and fosters calm dialogue could be more effective. Matching the mediator’s approach to your circumstances can transform mediation into a productive, rather than burdensome, experience.

IV. Gather and Organize Information

IV. Gather and Organize Information

A. Conduct Discovery

Preparation begins with gathering all relevant facts before mediation. In legal terms, this is called discovery—a process where both sides exchange key documents like bank statements, property valuations, or income records. In Texas, completing discovery ahead of time is essential to avoid delays during mediation. Collaborate with your attorney to request and provide this information early, ensuring the session focuses on solutions rather than scrambling for data.

B. Prepare Financial Documents

Accurate financial records are the backbone of informed decision-making in mediation. Compile up-to-date documents, including bank statements, retirement account balances, paystubs, tax returns, and a comprehensive list of debts. For real estate, such as a home or land, obtain recent county tax assessments or online valuation estimates from sources like Zillow. Bringing these materials to mediation equips you to negotiate property division or support arrangements with clarity and confidence, aligning with Texas practices that emphasize transparency.

C. Address Custody-Related Needs

When children are part of the dispute, their well-being takes center stage. Collect pertinent records, such as school reports, medical documentation, or daycare invoices, to illustrate their current needs. Additionally, document any outstanding expenses—such as unreimbursed medical or extracurricular costs—supported by receipts or payment records. Presenting this information demonstrates a commitment to your children’s best interests, a principle enshrined in Texas Family Code § 153.0071, and strengthens your position during custody discussions.

D. Create a Property Spreadsheet

Organizing your assets and liabilities into a straightforward spreadsheet can streamline negotiations. List all property—such as vehicles, homes, and savings accounts—alongside debts, including loans or credit card balances. While a formal legal document isn’t required at this stage, a clear, concise summary aids in fair bargaining. Share this with your attorney and the mediator to facilitate efficient discussions, saving time and reducing confusion over what’s at stake.

V. Set Realistic Goals and Strategies

V. Set Realistic Goals and Strategies

A. Define Priorities

Effective mediation begins with a clear understanding of your objectives. Take time to identify what matters most to you by creating three distinct lists: your ideal outcome (high goals), an acceptable compromise (mid goals), and the minimum you are willing to accept (low goals). For instance, you might prioritize retaining the family home or securing primary custody of your children. Articulating these priorities in advance keeps your focus sharp during negotiations and prevents you from losing sight of what’s essential.

B. Understand Legal Limits

Texas law sets boundaries on what can be achieved in family law disputes, and knowing these limits is key to setting attainable goals. Terms like Joint Managing Conservatorship—where parents share custody rights—or the Standard Possession Order, a default visitation schedule outlined in the Texas Family Code, may apply to your case. Consult your attorney to clarify these concepts and learn what a judge might rule if mediation does not succeed. This insight ensures your expectations align with legal realities, enhancing your ability to negotiate effectively.

C. Anticipate Opposing Party’s Position

Anticipating the other party’s stance can strengthen your strategy. Reflect on their likely desires and concerns—perhaps they seek more time with the children or aim to reduce financial obligations like support payments. By considering their perspective, you can prepare targeted offers and concessions that address their priorities while protecting yours. This proactive approach provides a strategic advantage, enabling you to navigate discussions with greater confidence and foresight.

VI. Prepare Emotionally and Logistically

VI. Prepare Emotionally and Logistically

A. Manage Emotions

Mediation often stirs strong emotions, particularly in disputes over divorce or custody. To perform at your best, prioritize self-care in the days leading up to the session. This might involve confiding in trusted friends, ensuring adequate rest, or seeking professional support from a counselor if needed. Entering mediation with a calm and composed mindset allows you to think clearly and make decisions that reflect your long-term interests rather than fleeting frustrations.

B. Plan Logistics

Attention to logistical details can set a positive tone for mediation. Confirm the date, time, and location—whether it’s an in-person meeting at an office or a virtual session via Zoom, a common option in Texas. Arrive early to settle in, arrange childcare to eliminate distractions, and dress professionally, akin to how you might appear in court. These preparations demonstrate respect for the process and help you maintain focus throughout the day.

C. Decide on Support

Consider whether bringing a support person, such as a friend or family member, would benefit you emotionally during mediation. Discuss this with your attorney to weigh the pros and cons. A supportive presence might bolster your resilience, but if their involvement risks escalating tension—particularly with the other party—it may be wiser to attend alone. The goal is to preserve a constructive atmosphere, ensuring the session remains focused on resolution.

VII. Collaborate with Your Attorney

VII. Collaborate with Your Attorney

A. Review Case Strengths and Weaknesses

Preparation with your attorney begins with a thorough evaluation of your case. Discuss the strengths—such as evidence of your role as the primary caregiver—and weaknesses, like incomplete financial documentation. Explore potential courtroom outcomes if mediation fails. This analysis provides a realistic assessment of your position, enabling you to approach mediation with a clear understanding of where you stand and what to emphasize.

B. Prepare Negotiation Tactics

Strategic planning with your attorney is essential for effective mediation. In Texas, local practices often dictate that the petitioner—the party who initiated the case—presents the first offer. If that’s you, outline an opening proposal; if not, prepare a thoughtful counteroffer. Your attorney can offer insights into judicial tendencies in your county, such as how judges typically rule on custody or support, guiding your negotiation strategy to align with probable outcomes.

C. Draft Key Documents

Supporting documentation strengthens your position in mediation. Some Texas mediators request a mediation memorandum—a concise case summary—prior to the session, so confirm this requirement in advance. Prepare essential paperwork, including a financial information sheet, existing court orders, and recent legal filings. These materials ensure all parties share a common understanding, facilitating a smoother and more focused discussion.

VIII. Focus on the Mediation Session

VIII. Focus on the Mediation Session

A. Engage Actively

Mediation offers a unique opportunity to voice your perspective, so participate thoughtfully. Your attorney will advise when to speak—perhaps to explain your need for primary custody or your attachment to the family home. Active engagement demonstrates your commitment to the process and helps shape an agreement that reflects your priorities.

B. Listen Carefully

Attentive listening is equally critical. Note the other party’s offers and the mediator’s observations. Are they fixated on retaining retirement assets? Do they signal openness on custody terms? Understanding their priorities allows you to adjust your approach, identify areas of compromise, and work toward a mutually acceptable resolution.

C. Stay Flexible

Unlike a courtroom, where a judge adheres to rigid legal standards, mediation encourages creative problem-solving. Propose solutions tailored to your circumstances—such as a custody schedule accommodating your work hours or a property division benefiting both sides. Flexibility can pave the way to an agreement that satisfies everyone, maximizing the process’s potential.

When and How Mediation Helps

Before You Even Get to Court

Mediation can occur before filing a lawsuit, offering an early resolution to divorce or custody disputes. This approach minimizes costs, preserves relationships, and expedites solutions, making it an appealing option for proactive families.

During Court Cases

Mediation serves various purposes once litigation begins. For temporary arrangements—governed by Texas Family Code § 105.001—it can resolve interim issues like child custody or bill payments. Many Texas courts also mandate mediation before trial, providing a final chance to settle and retain control over the outcome. Post-discovery, when all facts are known, mediation becomes particularly effective, as parties negotiate with full awareness of the case details.

After the Court Has Decided

Life changes, such as job shifts or relocations, may necessitate modifications to custody or support orders. Mediation offers a streamlined way to adjust these terms without returning to court, adapting agreements to new realities efficiently.

Getting Ready for Mediation

Getting Ready for Mediation

For You

Be Emotionally Ready: Mediation can evoke strong feelings. Reflect on your true goals, beyond momentary emotions, to stay grounded. Know Your Money: Gather comprehensive financial details—earnings, assets, and debts—to negotiate confidently. Understand Your Case: Learn the legal framework, such as Texas custody laws, to grasp what’s achievable.

For Lawyers

Know Your Case Inside Out: Review all evidence to identify optimal solutions. Plan Your Approach: Determine initial offers, concession limits, and fallback plans if mediation stalls. Prepare Documents: Draft proposed agreements, asset division lists, and parenting schedules to support negotiations.

Special Mediation for CPS Cases

Mediation involving Child Protective Services (CPS), governed by Texas Family Code Chapter 263, follows distinct rules to prioritize child safety and stability. It establishes timelines for resolutions, includes key stakeholders—like guardians or caseworkers—and develops long-term plans, ensuring comprehensive care for children in CPS cases.

Dealing with Tough Situations

When One Person Has More Power: Mediation can level the playing field with separate meetings or virtual tools, ensuring fairness. Lots of People Involved: Complex cases with extended family can be managed by including all relevant voices. Kids with Special Needs: Plans addressing healthcare, education, and therapy needs can be crafted, tailored to the child’s circumstances.

Conclusion

Mediation in Texas family law transcends mere dispute resolution; it offers a pathway for families to navigate challenges collaboratively, whether moving forward together or apart. Like a skilled guide, a mediator facilitates fair discussions, aiming for outcomes that all can accept—particularly with children’s well-being in mind. By understanding the legal foundation, from statutes like Texas Family Code § 153.0071 to local court practices, and preparing diligently, mediation transforms contentious situations into manageable resolutions. With the right approach, it becomes a tool for progress, not just closure.

Varghese Summersett

A Shift from Departures to Variances Under 18 U.S.C. § 3553(a)

On December 19, 2024, the United States Sentencing Commission (the “Commission”) proposed a transformative amendment to the Federal Sentencing Guidelines Manual (“Guidelines”), marking what could be the most significant overhaul since the Supreme Court’s landmark decision in United States v. Booker , 543 U.S. 220 (2005).

The proposal aims to simplify the current three-step sentencing process outlined in Guidelines §1B1.1 by eliminating the second step—consideration of formal departures—and effectively phasing out most departure provisions throughout the Guidelines. Instead, sentencing courts would rely more heavily on variances under 18 U.S.C. § 3553(a) to tailor sentences.

This amendment is central to the proposed simplification of federal sentencing guidelines, which seeks to streamline judicial discretion while maintaining fairness in sentencing.

This article provides a detailed analysis of the proposed simplification of Federal Sentencing Guidelines, exploring the concepts of departures and variances, their statutory foundations, the § 3553(a) sentencing factors, and the potential implications for federal sentencing law.

The Current Three-Step Process Under §1B1.1

The Guidelines, established under the Sentencing Reform Act of 1984, provide a structured framework for federal sentencing. Post-Booker, which rendered the Guidelines advisory rather than mandatory, §1B1.1 outlines a three-step process for determining a sentence:

Step One: Calculate the Guideline Range (§1B1.1(a))

The court determines the applicable offense level (Chapters Two and Three), criminal history category (Chapter Four), and sentencing options (Chapter Five, Parts B-G), yielding a guideline range. This range serves as the “starting point and initial benchmark” (Gall v. United States, 552 U.S. 38, 49 (2007)).

Step Two: Consider Departures (§1B1.1(b))

The court evaluates whether grounds for departure—specific adjustments outside the guideline range—exist, as provided in policy statements (Chapter Five, Parts H and K) and commentary throughout the Guidelines. Departures address specific offender characteristics or offense circumstances not fully accounted for in the range calculation. The proposed simplification of federal sentencing guidelines seeks to eliminate most departure provisions, making this step largely obsolete.

Step Three: Apply 18 U.S.C. § 3553(a) Factors (§1B1.1(c))

The court considers the statutory sentencing factors in 18 U.S.C. § 3553(a) to impose a sentence “sufficient, but not greater than necessary,” either within or outside the guideline range. This step allows for variances—deviations from the range based on broader judicial discretion rather than specific departure provisions. Under the proposed simplification of federal sentencing guidelines, variances will become the primary method for courts to adjust sentences.

This tripartite structure reflects a compromise between the Guidelines’ original mandatory framework and the post-Booker advisory regime. However, as judicial practice has evolved, the utility of Step Two has waned, prompting the Commission’s proposed overhaul.

What are Departures?

Definition: A departure is a sentence outside the calculated guideline range authorized by specific provisions or policy statements within the Guidelines Manual. Departures are grounded in the Commission’s determination that certain aggravating or mitigating circumstances were not adequately considered in formulating the guideline range (see 18 U.S.C. § 3553(b), pre-Booker). Examples include departures for substantial assistance to authorities (§5K1.1), criminal history inadequacies (§4A1.3), or specific offender characteristics (§5H series, e.g., age or family ties, where relevant).

Statutory Basis: The Sentencing Reform Act (28 U.S.C. § 994) directs the Commission to establish guidelines and policy statements, categorizing offenses and defendants while considering factors like offense conduct (§ 994(c)) and offender characteristics (§ 994(d)). However, Congress imposed limits: certain characteristics (e.g., race, sex, socioeconomic status) are prohibited (§ 994(d), §5H1.10), while others (e.g., employment, family ties) are deemed “generally inappropriate” for imprisonment terms (§ 994(e), §5H1.2, §5H1.6). Departures thus operate within these statutory constraints, providing a structured mechanism for deviation pre-Booker.

Pre-Booker, departures were the sole means to impose a sentence outside the guideline range, requiring a finding of an “aggravating or mitigating circumstance” not adequately considered by the Commission (18 U.S.C. § 3553(b)). Post-Booker, their mandatory nature evaporated, but they remain part of the Guidelines’ advisory framework. The proposed amendment seeks to eliminate most departures (except for substantial assistance and early disposition programs), reflecting their declining use.

Examples of Departures – Upward and Downward

Departures are not inherently directional—whether upward or downward depends on the provision and the case-specific facts. Upward departures address aggravating factors that justify a harsher sentence, while downward departures mitigate punishment based on extenuating circumstances. Courts must articulate their reasoning, often tying the departure to a Guidelines provision, and, under Federal Rule of Criminal Procedure 32(h), provide “reasonable notice” if contemplating a departure on grounds not identified in the presentence report (PSR) or parties’ submissions.

Common Upward Departures

Upward departures increase the sentence above the guideline range, typically justified by offense severity, offender risk, or procedural history not fully captured in the range calculation. Below are common examples:

Criminal History Inadequacies (§4A1.3)
Application: If a defendant’s criminal history category (I-VI) “substantially under-represents the seriousness of the defendant’s criminal history or the likelihood that the defendant will commit other crimes,” an upward departure is authorized. This applies when prior convictions were excluded (e.g., due to age or consolidation) or when uncharged conduct suggests greater dangerousness.

Example: A defendant with a Category III history but a pattern of escalating violent behavior (e.g., uncharged assaults) might warrant an upward departure to Category IV or higher, increasing the range from, say, 51-63 months to 63-78 months.

Extreme Conduct (§5K2.8)
Application: Courts may depart upward if the defendant’s conduct was “unusually heinous, cruel, brutal, or degrading to the victim,” beyond what the offense guideline contemplates.

Example: In a manslaughter case (base range 41-51 months), evidence of prolonged torture before death could justify an upward departure to 70-87 months.

Dismissed or Uncharged Conduct (§5K2.21)
Application: If prosecutors dismissed counts or did not charge relevant conduct that would have increased the offense level, an upward departure may restore proportionality.

Example: A drug trafficking defendant (range 57-71 months) whose plea excluded a related firearm offense might face an upward departure to reflect the uncharged enhancement (e.g., 70-87 months).

Death (§5K2.1)
Application: If death resulted from the offense and the guideline range does not fully account for it, an upward departure is warranted.

Example: In a reckless driving case (range 12-18 months), causing a fatality not reflected in the base offense level could lead to a departure to 24-30 months.

Upward departures are less common post-Booker due to variance flexibility, but they remain relevant in cases where the Guidelines explicitly signal aggravation (e.g., §5K2 series).

Common Downward Departures

Downward departures reduce the sentence below the guideline range, often reflecting mitigation tied to offender characteristics, cooperation, or offense context. Below are key examples:

Substantial Assistance to Authorities (§5K1.1)
Application: Upon government motion, courts may depart downward if the defendant provided significant cooperation in investigating or prosecuting others. Factors include the assistance’s nature, timeliness, and impact.

Example: A drug conspiracy defendant facing a recommended range of 97-121 months who testifies against co-conspirators might receive a §5K1.1 departure to 60-75 months, depending on assistance value.

Criminal History Over-Representation (§4A1.3)
Application: If the criminal history category “substantially over-represents the seriousness of the defendant’s criminal history or likelihood of recidivism,” a downward departure is permissible.

Example: A Category IV defendant facing a recommended range of 57-71 months whose prior convictions were minor, non-violent offenses might be adjusted to Category II (37-46 months).

Specific Offender Characteristics (§5H Series)
Application: Certain personal traits may justify departure if relevant under policy statements, though Congress limits their use (§ 994(e)). Examples include:
Age (§5H1.1): Advanced age or youth may mitigate punishment if tied to reduced culpability or recidivism risk.
Family Ties and Responsibilities (§5H1.6): Extraordinary family obligations (e.g., sole caregiver to dependents) may warrant leniency.
Mental and Emotional Conditions (§5H1.3): Significant mental health issues not amounting to a defense may reduce blameworthiness.

Example: An elderly fraud defendant facing a recommended range of 24-30 months with severe health decline might receive a departure to 12-18 months under §5H1.1.

Diminished Capacity (§5K2.13)
Application: A downward departure is authorized if a defendant’s reduced mental capacity (not caused by voluntary intoxication) contributed to the offense and does not pose a public safety risk.

Example: A theft defendant facing a recommended range of 15-21 months with documented cognitive impairment might see a departure to 6-12 months.

Voluntary Disclosure of Offense (§5K2.16)
Application: If a defendant voluntarily discloses an offense prior to discovery and accepts responsibility, a downward departure may apply.

Example: A tax evasion defendant facing a recommended range of 18-24 months who self-reports before an investigation could receive a departure to 10-16 months.

Variances: Definition and Post-Booker Evolution

Definition: A variance is a sentence outside the guideline range based on the court’s discretionary application of the § 3553(a) factors, independent of specific departure provisions. Unlike departures, variances do not require a Guidelines-sanctioned basis; they stem from judicial authority under Booker and its progeny (e.g., Irizarry v. United States, 553 U.S. 708 (2008)).

Post-Booker Context: In Booker, the Supreme Court excised 18 U.S.C. § 3553(b)(1), which made the Guidelines mandatory, and upheld § 3553(a) as the overarching framework for sentencing. This shifted the Guidelines to an advisory role, with courts required to “consider” the guideline range alongside § 3553(a) factors (Rita v. United States, 551 U.S. 338, 347-48 (2007)). Variances became the primary vehicle for deviations, as they allow broader consideration of offender and offense characteristics without the formalism of departure provisions. For example, a variance might reflect a defendant’s rehabilitation efforts or offense context, even if not listed as a departure ground.

Procedural Distinction: Departures trigger a notice requirement under Federal Rule of Criminal Procedure 32(h) when contemplated on grounds not identified in the presentence report (PSR) or parties’ submissions. Variances, however, require no such notice. Irizarry at 714-16 (2008).

Common Reasons for Variances in Federal Sentencing

Common Reasons for Variances in Federal Sentencing: Upward and Downward Examples

In the post-Booker era, where the Federal Sentencing Guidelines (“Guidelines”) are advisory, variances have become the primary mechanism for federal courts to impose sentences outside the calculated guideline range.

Unlike departures, which rely on specific Guidelines provisions or policy statements, variances are grounded in the broader discretionary authority granted to sentencing courts under 18 U.S.C. § 3553(a). This statute requires courts to impose a sentence “sufficient, but not greater than necessary” to achieve the purposes of sentencing, considering factors such as the nature of the offense, the defendant’s characteristics, and the need for deterrence, public protection, and rehabilitation.

Variances can move upward or downward, reflecting aggravating or mitigating circumstances, respectively, and their application has largely supplanted departures in practice due to their flexibility and lack of procedural formalism (e.g., no notice requirement under Federal Rule of Criminal Procedure 32(h). Common reasons for variances overlap with departure grounds but extend beyond them, capturing a wider array of offense and offender-specific considerations.

Common Reasons for Upward Variances

Upward variances increase the sentence above the guideline range, typically reflecting § 3553(a) factors like the seriousness of the offense (§ 3553(a)(2)(A)), the need to deter (§ 3553(a)(2)(B)), or public protection (§ 3553(a)(2)(C)). Below are prevalent reasons and examples:

Exceptional Offense Severity or Harm
Reason: The offense’s nature and circumstances (§ 3553(a)(1)) exceed what the guideline range contemplates, justifying a harsher penalty to reflect its gravity or impact.

Example: In a fraud case with a recommended guideline range of 33-41 months, a defendant who defrauded elderly victims of their life savings, causing severe emotional and financial devastation, might receive an upward variance to 60 months. The court could cite the need for just punishment and deterrence, noting the Guidelines’ fraud loss table (§2B1.1) underestimates the harm.

History of Recidivism or Dangerousness
Reason: The defendant’s history and characteristics (§ 3553(a)(1)) or risk of future crimes (§ 3553(a)(2)(C)) suggest the guideline range inadequately protects the public.

Example: A defendant convicted of illegal firearm possession with a recommended guideline range of 24-30 months, with a history of uncharged violent acts (e.g., domestic assaults) might face an upward variance to 48 months. The court could emphasize public safety, even if §4A1.3 (criminal history departure) wasn’t formally invoked.

Need for Specific Deterrence
Reason: The defendant’s likelihood of reoffending (§ 3553(a)(2)(B)) requires a stronger penalty to deter future conduct beyond the guideline range’s general deterrence.

Example: In a drug trafficking case with an example recommended guideline range of 57-71 months, a defendant who continued dealing post-arrest might receive a variance to 90 months. The court could highlight specific deterrence, noting prior leniency failed to alter behavior.

Uncharged or Dismissed Conduct
Reason: Conduct not reflected in the guideline calculation (§ 3553(a)(1))—e.g., dismissed counts—warrants a higher sentence for proportionality.

Example: A robbery defendant (hypothetical range of 41-51 months) whose plea excluded a related assault might see a variance to 70 months, with the court citing the offense’s true scope under § 3553(a)(2)(A).

Upward variances are less frequent than downward ones but arise when courts find the guideline range fails to capture the offense’s severity or the defendant’s risk profile.

Common Reasons for Downward Variances

Downward variances reduce the sentence below the guideline range, often driven by mitigating factors under § 3553(a)(1) (offense nature and defendant characteristics) or § 3553(a)(2)(D) (rehabilitation needs). Below are common reasons and examples:

Extraordinary Rehabilitation or Remorse
Reason: Post-offense efforts at rehabilitation or genuine remorse (§ 3553(a)(1), (2)(D)) suggest a lower sentence aligns with sentencing goals.

Example: A drug possession defendant (hypothetical range of range 21-27 months) who completed a rehab program, secured employment, and expressed sincere contrition might receive a variance to 12 months. The court could note rehabilitation reduces recidivism risk.

Minimal Role or Culpability
Reason: The defendant’s limited involvement in the offense (§ 3553(a)(1)) makes the guideline range disproportionately harsh.

Example: In a conspiracy case (hypothetical range of range 70-87 months), a peripheral participant coerced into minor acts (e.g., delivering a package) might get a variance to 36 months, with the court citing fairness under § 3553(a)(2)(A).

Family Circumstances or Dependents
Reason: Exceptional family responsibilities (§ 3553(a)(1))—beyond what §5H1.6 (departure) covers—justify leniency to minimize collateral harm.

Example: A single parent convicted of theft (hypothetical range of range 15-21 months) caring for a disabled child might receive a variance to probation or 6 months, with the court emphasizing the child’s welfare under § 3553(a)(1).

Age or Health Conditions
Reason: Advanced age, youth, or severe health issues (§ 3553(a)(1)) reduce culpability, recidivism risk, or the need for lengthy incarceration.

Example: An elderly fraud defendant (hypothetical range of range 30-37 months) with terminal illness might see a variance to home confinement or 12 months, citing diminished dangerousness and medical needs (§ 3553(a)(2)(C), (D)).

Disparity with Co-Defendants or Similarly Situated Offenders
Reason: Avoiding unwarranted sentencing disparities (§ 3553(a)(6)) among co-defendants or peers justifies a lower sentence.

Example: In a multi-defendant drug case where co-conspirators received 40-50 months (hypothetical range for this defendant is 70-87 months), a variance to 48 months might ensure consistency, reflecting relative culpability.

Collateral Consequences of Conviction
Reason: Significant non-penal consequences (e.g., deportation, job loss) (§ 3553(a)(2)(A)) render the guideline range excessive.

Example: A non-citizen tax fraud defendant (hypothetical range of 18-24 months) facing deportation might receive a variance to 6 months, with the court noting the additional punishment of exile.

Trends and Frequency

Post-Booker, variances outpace departures significantly. U.S. Sentencing Commission data (Fiscal Year 2023) show non-government-sponsored departures (beyond §5K1.1 and early disposition) occurred in only 4.3% of cases, while variances are more common, especially downward. For instance, courts often cite rehabilitation or family ties for downward variances, reflecting § 3553(a)’s individualized focus. Upward variances, though less frequent, arise in high-profile or egregious cases (e.g., white-collar crimes with massive losses), emphasizing deterrence and punishment.

Preservation of §5K1.1 in the Amendment

While the proposed amendment eliminates most departure provisions to streamline sentencing under § 3553(a) variances, it explicitly preserves §5K1.1, the policy statement allowing downward departures for substantial assistance to authorities. Unlike the §5H series (e.g., age, family ties) and most §5K provisions (e.g., §5K2.8 for extreme conduct), which are deleted as redundant with § 3553(a) discretion, §5K1.1 remains in Chapter Five, Part K. This retention ensures courts can still reduce sentences—such as dropping a drug conspiracy range from 97-121 months to 60-75 months—when the government files a motion certifying significant cooperation, like testifying against co-conspirators.

Why §5K1.1 Stays: The Commission keeps §5K1.1 due to its unique reliance on a government motion, a feature distinguishing it from other departures courts can initiate independently. This prosecutorial gatekeeping is vital for encouraging defendants to provide critical information in investigations, such as dismantling crime networks, a role variances alone can’t fully replicate without losing predictability. Alongside early disposition programs (relocated to Chapter Three, Part F), §5K1.1’s preservation reflects its practical necessity and frequent use—U.S. Sentencing Commission data shows it drives many below-range sentences, especially in drug cases.

Structural and Practical Implications: By retaining §5K1.1 in its original form, the amendment maintains a dual pathway for cooperation-based leniency: government-triggered §5K1.1 departures and court-driven § 3553(a) variances. This could create strategic differences—prosecutors may favor §5K1.1 for control, while defendants seek variances if no motion is filed. The provision’s commentary, detailing factors like assistance significance and risk, stays intact, ensuring procedural clarity amid the shift to a broader discretionary framework.

Preservation of Early Disposition Programs in the Amendment

In addition to preserving §5K1.1, the proposed amendment retains early disposition programs as an exception to the widespread elimination of departure provisions. These programs, originally outlined in §5K3.1, allow courts to impose sentences below the guideline range for defendants who resolve their cases quickly, typically through expedited pleas, under programs authorized by the Attorney General and U.S. Attorneys. Unlike most departures being phased out in favor of § 3553(a) variances, early disposition programs are relocated from Chapter Five, Part K to a new Chapter Three, Part F, maintaining their role in encouraging efficiency in federal sentencing.

Why Early Disposition Programs Are Kept: The Commission preserves these programs because they serve a systemic purpose distinct from other departures: reducing court backlogs and prosecutorial workloads. For instance, a defendant in a drug case (range 41-51 months) who pleads guilty early under an authorized program might receive a departure to 33-41 months, freeing resources for more complex cases. This efficiency-driven mechanism, tied to Department of Justice approval, doesn’t overlap neatly with § 3553(a) factors, justifying its retention over provisions like §5H1.3 (mental conditions) that courts can address through variances.

Structural Shift and Implications: Moving early disposition programs to Chapter Three, Part F reflects a reclassification from a departure to an adjustment applied during guideline calculation, though it retains its below-range effect. This shift integrates it earlier in the sentencing process—before § 3553(a) considerations—while keeping its government-initiated nature intact. It ensures continuity for districts using these programs (e.g., border regions with high caseloads), complementing §5K1.1 as a preserved exception and reinforcing the amendment’s balance between simplification and practical sentencing tools.

The 18 U.S.C. § 3553(a) Sentencing Factors

The proposed amendment elevates § 3553(a) as the primary mechanism for deviations, consolidating considerations previously handled by departures. Section 3553(a) mandates that courts impose a sentence “sufficient, but not greater than necessary” to achieve sentencing purposes, considering:

Nature and Circumstances of the Offense and Defendant’s History and Characteristics
Encompasses offense details and the defendant’s background (e.g., criminal history, personal traits), offering a broad lens for individualization.

Purposes of Sentencing
(A) Reflect seriousness, promote respect for law, and provide just punishment.
(B) Deter criminal conduct.
(C) Protect the public from further crimes.
(D) Provide rehabilitation (e.g., education, medical care).

Kinds of Sentences Available
Options include imprisonment, probation, fines, or supervised release.

Guideline Range and Commission Policy Statements
Courts must consider the advisory guideline range and pertinent policy statements (e.g., §5K1.1 for substantial assistance).

Avoiding Unwarranted Disparities
Ensures consistency among similarly situated defendants.

Restitution to Victims
Addresses victim compensation where applicable.

These factors grant courts wide discretion, overlapping with many departure grounds (e.g., family ties, mental condition) but extending beyond the Guidelines’ structured limits. The proposal’s reliance on § 3553(a) aligns with this expansive statutory mandate.

Key Changes

Elimination of Departures: Most departure provisions (e.g., §5H series, §5K except §5K1.1 and early disposition programs) are deleted. Commentary-based departures throughout the Guidelines are excised, except for substantial assistance (§5K1.1), which remains, and early disposition programs, relocated to Chapter Three, Part F.

Structural Adjustments: Chapter Five, Part H (Specific Offender Characteristics) and most of Part K (Departures) are removed. Chapter Five is retitled to focus on range calculation, with historical commentary moved to an appendix.

Clarification of Authority: Revised §1A1.1 (formerly §1A3.1) delineates the Commission’s statutory limits (28 U.S.C. § 994) versus courts’ broader § 3553(a) discretion, emphasizing that Guidelines constraints do not bind sentencing courts.

Commentary Updates: Background commentary underscores the two-step process and courts’ duty to consider § 3553(a)’s “widest possible breadth of information.”

Impact on the Law

Impact on the Law

Streamlining Sentencing: By collapsing Steps Two and Three into a single § 3553(a) analysis, the amendment eliminates redundancy. Courts no longer assess departures only to revisit similar factors under § 3553(a), aligning the Guidelines with post-Booker practice where variances predominate (e.g., only 4.3% of 2023 cases involved non-substantial-assistance departures per Commission data).

Judicial Discretion: The shift enhances flexibility, as variances lack the Guidelines’ prescriptive limits, though it risks inconsistency without departure guardrails.

Notice Concerns: Rule 32(h)’s departure notice requirement becomes obsolete, but variances’ lack of notice (Irizarry) may challenge parties’ preparation. Arguably, existing PSR and hearing protections suffice, with continuances as a remedy for surprise.

A Paradigm Shift in Federal Sentencing

The proposed simplification of federal sentencing guidelines represents a paradigm shift in federal sentencing. The amendment aligns with two decades of post-Booker evolution. By jettisoning most departures and centering sentencing on § 3553(a) variances, it acknowledges the Guidelines’ advisory role while streamlining a process long criticized for inefficiency and formalism.

For lawyers, this shift demands a pivot from departure-centric advocacy to robust § 3553(a) arguments, leveraging the statute’s breadth to craft individualized sentences. While challenges like notice and consistency persist, the amendment promises a sentencing framework that is simpler, more flexible, and truer to the judiciary’s post-Booker reality. The legal community awaits the Commission’s final decision with interest, as this could redefine federal sentencing for years to come.