It’s every parent’s worst nightmare: the screech of tires, the shattering of glass, the sudden chaos of a car accident. In those terrifying moments, your instinct is to protect your child and ensure their safety. But what happens when the unthinkable occurs, and your child is injured in a car accident?

The panic is unparalleled, the fear overwhelming. Concerns race through your mind: What do I do now? How severe are their injuries? Will they fully recover? Who is responsible for this tragedy?

In this article, the personal injury attorneys at Varghese Summersett explain what steps you should take if your child is hurt in a car accident in Texas due to someone else’s negligence. We will also discuss how child personal injury cases differ from adult cases, and how our law firm can help you and your family during this difficult time.

Child Hurt in a Car Accident? Take These Steps.

1. Ensure Safety: Your child’s safety is paramount. If your child is injured in a car accident in Texas, immediately move the vehicle to a safe location away from traffic if possible. Assess their condition and call 911 for emergency medical assistance.
2. Document the Scene: If it’s safe, gather information about the accident scene. Take photos of the vehicles involved, any visible injuries to your child, and any relevant road conditions or signage. Collect contact information from witnesses and exchange insurance information with the other driver(s).
3. Seek Medical Attention Immediately: Even if your child’s injuries seem minor, it’s crucial to seek medical attention promptly. Some injuries, such as concussions or internal injuries, may not be immediately apparent but can have serious consequences if left untreated. Keep detailed records of all medical evaluations, appointments, treatments, and expenses.
4. Report the Accident: Under Texas law, specifically Transportation Code Section 550.026, you are required to report any car accident that results in injury, death, or property damage exceeding $1,000 to authorities. Be sure to file a report with the appropriate law enforcement agency as soon as possible.
5. Contact an Experienced Personal Injury Attorney: Dealing with the aftermath of a car accident involving a child can be overwhelming. By consulting with a knowledgeable personal injury attorney, you can ensure that your child’s rights are protected and that the responsible party is held accountable.

At Varghese Summersett, our legal team has vast experience handling child personal injury cases in Texas. We understand the unique challenges and complexities involved in these cases and are dedicated to advocating for your child’s and your family’s best interests. Let us handle the legal complexities so you can focus on your child’s recovery.

If your child has been hurt in a car accident in Texas, don’t wait to seek help. Contact us today for a compassionate consultation and take the first step toward securing the justice and compensation your child deserves.

How Child Personal Injury Cases Differ from Adult Cases in Texas

Child personal injury cases in Texas present unique challenges and considerations compared to adult cases. Understanding these differences is crucial for ensuring the best possible outcome for your child’s case. Here’s how child personal injury cases differ:

• Legal Capacity: Children typically do not have the legal capacity to pursue a personal injury claim on their own. In Texas, minors under the age of 18 lack the legal capacity to file a lawsuit or settle a claim without a guardian or court-appointed representative. This means that a parent or legal guardian must act on behalf of the child throughout the legal process.
• Statute of Limitations: The statute of limitations for filing a personal injury lawsuit in Texas is generally two years from the date of the injury. However, special rules apply to minors. In most cases, the statute of limitations does not begin to run until the child reaches the age of 18. This extended timeframe allows injured children more time to pursue compensation for their injuries.
• Settlement Approval: Any settlement reached in a child personal injury case must be approved by a judge to ensure that it is fair and in the best interests of the child. This requirement helps protect the child from receiving inadequate compensation or being taken advantage of during the settlement process.
• Evaluation of Damages: In child personal injury cases, damages may extend beyond medical expenses and lost wages to include compensation for future medical care, rehabilitation, and long-term effects of the injury. Since children are still growing and developing, injuries sustained in childhood may have lifelong implications that require ongoing medical treatment and support.
• Emotional Considerations: Injuries to children can have profound emotional effects on both the child and their family. Courts may consider the emotional impact of the injury when awarding damages in a child personal injury case, including compensation for pain and suffering, mental anguish, and loss of enjoyment of life.

Navigating the complexities of child personal injury cases in Texas requires the expertise of a skilled legal team with experience in this area of law. At Varghese Summersett, we have a proven track record of successfully representing injured children and their families, and we are committed to pursuing the maximum compensation they deserve. If your child has been injured due to someone else’s negligence, don’t hesitate to contact us for a consultation. We’re here to help you through this challenging time and fight for justice on behalf of your child.

Types of Compensation for Your Child’s Car Accident Injuries

When your child is injured in a car accident, they may be entitled to various types of compensation to help cover their losses and expenses. In Texas, compensation for personal injury cases typically falls into three categories: economic, non-economic, and punitive damages.

• Economic Damages: Economic damages are those that have a specific monetary value and can be easily quantified. These damages aim to compensate your child for the financial losses they have suffered due to the accident. Economic damages may include:
  • Medical Expenses: This includes past, current, and future medical bills related to your child’s injuries, such as hospitalization, surgery, medication, rehabilitation, and therapy.
  • Lost Earnings: If your child’s injuries prevent them from attending work or participating in activities that would have generated income, they may be entitled to compensation for lost wages or earning capacity. Likewise, parents can also claim compensation for their own damages related to the child’s injuries, such as lost wages from missing work and travel expenses.
  • Property Damage: If your child’s personal belongings, such as clothing, electronics, or school supplies, were damaged in the accident, they may be entitled to compensation for the cost of repairing or replacing these items.

• Non-Economic Damages: Non-economic damages are more subjective and aim to compensate your child for the intangible losses they have experienced as a result of the accident. These damages may include:
  • Pain and Suffering: Compensation for the physical pain and discomfort your child has endured as a result of their injuries, as well as any emotional distress or mental anguish they have experienced.
  • Loss of Enjoyment of Life: Compensation for the loss of ability to participate in activities and hobbies that your child enjoyed prior to the accident, as well as any diminished quality of life they may experience in the future.
  • Loss of Consortium: In some cases, the parents of an injured child may be entitled to compensation for the loss of companionship, love, and support of their child.

• Punitive Damages: Punitive damages are intended to punish the at-fault party for their reckless or intentional conduct and to deter similar behavior in the future. While punitive damages are less common in personal injury cases involving children, they may be awarded in cases of extreme negligence or misconduct.

At Varghese Summersett, our experienced personal injury attorneys are dedicated to helping you and your child recover the full and fair compensation you deserve. We will carefully assess the circumstances of your case, calculate the value of your child’s damages, and fight tirelessly to secure the maximum compensation available. Best of all, hiring us will not cost you anything upfront or out-of-pocket. We work on contingency, which means we only get paid after recovering compensation.

If your child has been injured in a car accident, don’t hesitate to contact us for a free consultation. We’re here to advocate for your child’s rights and help you navigate the legal process with compassion and skill.

Role of Insurance Company in Child Personal Injury Claims

When a child is hurt, you would expect the insurance company to want to do the right thing. The reality, however, is that insurance companies are often focused on minimizing their financial liability and protecting their bottom line. As a result, they may employ various tactics, such as offering low settlements or disputing the extent of the child’s injuries, in an attempt to pay out as little as possible. Here’s an overview of the role of the insurance company in a personal injury claim for a child.

1. Providing Coverage and Compensation: The insurance company of the at-fault party in the accident is responsible for providing coverage and compensation for the child’s injuries and damages, up to the policy limits. This includes covering medical expenses, future care costs, pain and suffering, and other applicable damages.
2. Investigating the Claim: The insurance company will investigate the details of the accident and the child’s injuries to determine liability and the extent of damages. They may request medical records, police reports, witness statements, and other evidence to evaluate the claim’s validity.
3. Negotiating Settlements: If liability is established, the insurance company will typically attempt to negotiate a settlement with the child’s parent/guardian and their attorney. This usually involves offering a lump sum payment in exchange for releasing the insured party from further liability.
4. Approving Settlements: In many Texas jurisdictions, a judge must review and approve any settlement for a child injury claim to ensure it is fair and in the child’s best interests. The insurance company’s settlement offer is subject to this court approval process.
5. Providing Structured Settlements: If a settlement is reached, the insurance company may be required to structure the payout through an annuity or other means to safeguard the funds until the child reaches adulthood. This ensures the compensation is available when needed for future medical expenses or lost earning potential.

Again, it’s important to understand that insurance companies aim to minimize payouts, so having an experienced attorney negotiate on the child’s behalf is crucial to obtain full and fair compensation. The attorney acts as an advocate against the insurance company’s adjusters and legal team throughout the claims process.

How Our Legal Team Can Help.

At Varghese Summersett, we understand the overwhelming distress and uncertainty that follows when your child is injured in a car accident. Our experienced team of personal injury attorneys is here to provide the support and legal representation you need during this challenging time.

1. Legal Guidance: We will guide you through the legal process with compassion and clarity, explaining your rights and options every step of the way. From gathering evidence to negotiating with insurance companies, we will handle all aspects of your child’s case so you can focus on their recovery.
2. Thorough Investigation: Our team will conduct a thorough investigation into the circumstances surrounding the accident to determine liability and hold the responsible parties accountable. We will gather evidence, interview witnesses, and work with accident reconstruction experts if necessary to build a strong case.
3. Maximizing Compensation: We will fight tirelessly to secure the maximum compensation available for your child’s injuries. This may include compensation for medical expenses, pain and suffering, emotional trauma, future medical needs, and more. We will carefully calculate the full extent of your child’s damages to ensure they receive the financial support they need to heal and move forward.
4. Advocacy in Court: If necessary, we are prepared to take your child’s case to court to pursue justice and fair compensation. Our skilled litigators have extensive experience representing clients in personal injury trials and will advocate vigorously on behalf of your child’s best interests.
5. Compassionate Support: Throughout the entire process, our team will provide compassionate support and personalized attention to you and your family. We understand the emotional toll that a child’s injury can take, and we are here to offer guidance, reassurance, and empathy every step of the way.

If your child has been injured in a car accident, don’t hesitate to contact us for help. Our dedicated team is committed to fighting for the rights of injured children and their families and helping them secure the compensation and justice they deserve. Contact us today for a consultation to discuss your child’s case and learn how we can assist you.

Child Hurt in a Car Accident? Contact Us.

At Varghese Summersett, we understand the heart-wrenching ordeal that parents endure when their child suffers harm due to someone else’s negligence on the road. Our legal team is here to guide you through this tumultuous time, providing the legal support and expertise you need to pursue justice for your child. We’ll fiercely advocate for your family’s rights, holding accountable those responsible for the accident and seeking the compensation necessary to cover your child’s medical expenses, ongoing care, and emotional trauma.

While we can’t erase the pain and fear you’ve experienced, we can offer you a lifeline amidst the chaos. Let us shoulder the legal burden so you can focus on what matters most: your child’s recovery. Contact us today at 817-203-2220 for a free consultation and take the first step toward healing and justice.

Successfully Suing for an Inmate’s Death is No Ordinary Undertaking

If you’ve been following local news, you’ll see there have been 54 jail deaths in the last five years in Tarrant County. According to data maintained by the Texas Commission on Jail Standards, there have been 74 deaths in Tarrant County jail since 2014, and some community leaders have expressed to the Department of Justice that they believe these numbers may be underreported.

You might wonder why jail deaths don’t often result in lawsuits. Lawsuits can be a powerful way to affect change. The primary reason few lawsuits are filed against counties or jails (and why fewer are successful) is sovereign immunity, which shields governments from lawsuits under most circumstances. That doesn’t mean lawsuits can’t be successful. This means you must find the perfect case to use as the driver for change. This article will discuss what it takes to sue for a jail death successfully.

This article is specific to laws in the Fifth Circuit, Texas’s federal circuit.

Wrongful Death in Jail: Understanding “1983 Claims”

42 U.S.C. § 1983 provides the basis for “1983 claims.” A Section 1983 claim is a lawsuit in which an individual can sue the government or government employees acting “under color of state law” for a civil rights violation. Section 1983 doesn’t create any new rights; it merely provides a way to enforce civil rights already established by the U.S. Constitution or other federal laws.

The acts that can give rise to a Section 1983 claim are varied and can include police brutality, excessive force, violations of freedom of speech or assembly, unreasonable search and seizure, excessive bail, racial profiling, and more.

Who can be sued under Section 1983?

Potential defendants under 1983 include police officers, prison guards, judges, public officials, and even private individuals acting on behalf of the state or local government.

Suing a Jail For the Death of a Pretrial Detainee

To establish liability under 42 U.S.C. § 1983, a plaintiff must show:

1. an official policy (or custom), of which
2. a policymaker can be charged with actual or constructive knowledge, and
3. a constitutional violation whose ‘moving force’ is that policy (or custom).

A plaintiff must show that this policy was implemented with “deliberate indifference” to the known or obvious consequences that a constitutional violation would result. A “deliberate indifference” may be shown by a series or pattern of similar violations or a single incident wherein the injury suffered was “highly predictable.”

Under this theory, a jail could be sued for deaths in a jail alleging unconstitutional conditions of confinement such as:

1. Overcrowding and understaffing of the jail
2. Failure to properly observe and monitor detainees
3. Denial of medical care to detainees
4. Institutionzlition of excessive force by officers against detainees
5. Maintain a culture of violence in the jail among detainees.

Elements to Prove a Wrongful Death in Jail

Here are the key elements that must typically be established in a Section 1983 action for wrongful death:

1. Conduct by a Person: The defendant in a Section 1983 lawsuit must be a “person” acting under state or local law. This generally includes government officials, employees, and entities acting in an official capacity.
2. Acting Under Color of State Law: The defendant must have acted “under color of state law” when the action occurred. This means the actions or behaviors that violated the plaintiff’s rights must be closely related to the defendant’s role as a governmental official or entity.
3. Deprivation of Rights: The plaintiff must show that they were deprived of a constitutional right or a federal statutory right. This is the core of a Section 1983 claim, and it involves demonstrating that the defendant’s actions or inactions directly led to a violation of rights such as freedom of speech, right to due process, or protection from unreasonable searches and seizures.
4. Causation: The plaintiff must demonstrate a direct causal link between the defendant’s action and the deprivation of constitutional or federal statutory rights. This means showing that the harm would not have occurred but for the defendant’s conduct.
5. Damages: Finally, the plaintiff must show that they suffered some harm or damages due to the deprivation of their rights. This can include physical injury, emotional distress, loss of earnings, or other types of damages.
6. Overcoming Sovereign Immunity: While this is not an element, you will have to overcome sovereign immunity as a practical matter. Sovereign immunity is a legal doctrine that protects governments and their agencies from being sued without their consent. To successfully bring a Section 1983 claim against certain government officials or entities, plaintiffs must navigate around sovereign immunity issues.

Types of Claims for Wrongful Death in Jail

The United States Supreme Court has recognized pretrial detainees (inmates held before their cases are resolved, as opposed to inmates who have been sentenced) have both procedural and substantive due process rights under the Fourteenth Amendment. See Bell v. Wolfish, 441 U.S. 520 (1979). The Fifth Circuit in Flores recognized that pretrial detainee civil rights violations could give rise to two types of claims:

• episodic-acts-or-omissions claims or
• conditions-of-confinement claims.

Wrongful Death in Jail: Episodic Claims vs. Condition of Confinement Claims

An episodic-act-or-omission claim “faults specific jail officials for their acts or omissions” for the death. See Shepherd v. Dallas Cnty., 591 F.3d 445, 452 (5th Cir. 1997). By contrast, a conditions-of-confinement challenge is a challenge to the “general conditions, practices, rules, or restrictions of pretrial confinement.” See Estate of Henson v. Wichita Cnty., 795 F.3d 456 (2013). Conditions-of-confinement claims may challenge, for example, the number of bunks per cell, the placement of a detainee in disciplinary segregation, etc. For both claims, a plaintiff has two burdens: to show (1) that a constitutional violation occurred and (2) that a government policy was the moving force behind the violation.

Conditions of Confinement Claims

To prevail on a conditions-of-confinement claim, a plaintiff must show a condition, rule, restriction, or practice or sufficiently extended or pervasive acts or omissions of a jail official – that was not reasonably related to a legitimate government objective – caused the constitutional violation.

Practices that are “sufficiently extended or pervasive, or otherwise typical of extended or pervasive misconduct,” can represent official policy. Showing a pervasive pattern is a heavy burden. See Shepherd v. Dallas County, 591 F.3d 445, 452 (5th Cir. 2009). When the official policymaker knows about misconduct yet allegedly fails to take remedial action, this inaction arguably shows acquiescence to the misconduct, which could be a basis for a jury to decide that it is sufficient to show it was an official policy. See Duvall v. Dallas County, 631 F.3d 203 (5th Cir. 2011).

Episodic Acts or Omissions Claims

While conditions-of-confinement claims challenge the constitutionality of pervasive, systemic policies and customs, episodic-acts-or-omissions claims challenge the constitutionality of the way in which a policy or custom was applied by a jail official in a particular instance.

To establish liability in an episodic-act case under the Fourteenth Amendment, a detainee must show: (1) that the employee violated the pretrial detainee’s clearly established constitutional rights with subjective deliberate indifference and (2) that this violation resulted from a policy or custom adopted and maintained with objective deliberate indifference. For purposes of an episodic-acts-or-omissions claim, a jail official violates a pretrial detainee’s constitutional right to be secure in his basic human needs only when the official had subjective knowledge of a substantial risk of serious harm to the detainee and responded to that risk with deliberate indifference. This standard – deliberate indifference by a jail official to a substantial risk of serious harm – presents a high bar; negligence or even gross negligence is not enough. For example, the Fifth Circuit has established that pretrial detainees have a constitutional right, under the Due Process Clause of the Fourteenth Amendment, not to have their serious medical needs met with deliberate indifference on the part of the confining officials. Estelle v. Gamble, 429 U.S. 97, 103 (1976); Hare v. City of Corinth, 74 F.3d 633, 636 (5th Cir.1996).

How to Overcome Sovereign Immunity

The doctrine of sovereign immunity shields a government official from civil liability for damages based upon the performance of discretionary functions if the official’s acts were objectively reasonable in light of the clearly established law. Harlow v. Fitzgerald, 457 U.S. 800. The plaintiff then has the burden ‘to rebut this defense by establishing that the official’s allegedly wrongful conduct violated clearly established law.’ Salas v. Carpenter, 980 F.2d 299, 306 (5th Cir.1992).

Step 1 in Overcoming Sovereign Immunity:

The first step in the qualified immunity analysis is to determine whether the plaintiff has alleged the violation of a clearly established federal constitutional (or federal statutory) right. Hare v. City of Corinth, 135 F.3d 320, 325 (5th Cir.1998)

Step 2 in Overcoming Sovereign Immunity:

If the plaintiff has alleged a violation of federal law as the basis of the claim, the Court must then assess whether the defendant’s conduct was objectively reasonable in light of clearly established law. Hare III, 135 F.3d at 326; Pierce, 117 F.3d at 872. “Clearly established” means that the “contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Anderson, 107 S.Ct. at 3039.

The defendant’s acts are held to be objectively reasonable unless all reasonable officials in the defendant’s circumstances would have then known that the defendant’s conduct violated the United States Constitution or the federal statute as alleged by the plaintiff.

Because qualified immunity turns only upon the objective reasonableness of the defendant’s acts, a particular defendant’s subjective state of mind has no bearing on whether that defendant is entitled to qualified immunity. An official is eligible for qualified immunity even if the official violated another’s constitutional rights.

What happens when you file a lawsuit?

You can expect the county to file a motion for summary judgment based on sovereign immunity, which is often successful at the district court level. If that happens in Texas, it takes a successful appeal to the Fifth Circuit Court of Appeals to get back on track. That is exactly what happened this year in Ford v. Anderson County, Texas, (No. 22-40559) (5th Cir. 2024). This case stemmed from the death of a jail inmate alleging the county, sheriff, and jail doctor failed to treat the inmate’s chronic illness, leading to her death, which was preventable. The district court granted summary judgment based on sovereign immunity and dismissed the claim. On appeal, the Fifth Circuit reversed the district court with regard to several claims raised.

What is the Statute of Limitations to Bring a 1983 Claim in Texas?

In Texas, 1983 claims are subject to a two-year statute of limitations under Texas Civil Practice and Remedies Code section 16.003. See Gaylor, 981 F. 2d 254, 257 (5th Cir. 1993)

Wrongful Death in Jail Cases in Texas

If you are the surviving spouse, child, and parent of an individual who died in a jail, it is critical for you to reach out to discuss the matter with an attorney. Ultimately, very high thresholds to obtain relief under Section 1983 means most deaths won’t give rise to a claim. If you believe you may have a claim that arises out of Texas, contact us for a free, no-obligation consultation at 817-203-2220.

Legality of Delta 8 THC, Delta 9 THC, Delta 10 THC, and THCA in Texas

Contravening Winds of Change in Texas?

You can’t go very far in Texas without seeing a store that sells THC products, whether it is your local headshop or neighborhood convenience store. In fact, THC dispensing vending machines are popping up all over the Lone Star State. Given their widespread prevalence, you might wonder, “If it were illegal, they wouldn’t be able to sell these products, right?”

S Congress Vending machine
byu/tipsytarotalks in Austin

While you can buy THC products at just about every turn in Austin, the conversations happening between lawmakers inside the Texas State Capitol paint a very different picture of where Texas is heading. Lieutenant Governor Dan Patrick has been vocal and direct about his stance on THC and marijuana legislation. This year, he previewed priorities for the 2025 legislative session, which included explicitly banning Delta 8 and Delta 9 THC. (To be clear Delta 9 THC with a concentration greater than .3% is already illegal – and a felony – in Texas.)

In this article, we will discuss the legality of Delta 8 THC, Delta 9 THC, Delta 10 THC, as well as THCA in Texas. We will also discuss the criminal risks associated with each of these products, particularly those sold as legal products in Texas.

When is THC illegal in Texas?

The simple answer is THC is illegal to possess in Texas if it is Delta 9 THC and the concentration of THC is greater than .3% by dry weight.

Specifically, Health and Safety Code Section 481.002(5) states that controlled substances do not include “tetrahydrocannabinols in hemp.” As we will discuss later in this article, this is a critical provision that affects how the suspected substances are evaluated and prosecuted.

Why are we discussing so many types of THC?

THC, or tetrahydrocannabinol, is a chemical compound found in the cannabis plant that is primarily responsible for the psychoactive effects associated with marijuana use. It interacts with the body’s endocannabinoid system, particularly the CB1 receptors in the brain, to produce effects such as euphoria, relaxation, altered perceptions, and increased appetite.

Quick Reminders from Chemistry Class 

Isomers: An isomer refers to a compound that shares the same chemical formula as another compound but has a different arrangement of atoms in the molecule, leading to different properties.

Precursor: A precursor is a compound that participates in a chemical reaction to produce another compound.

What is Delta 8, Delta 9, and Delta 10 THC and THCA?

Delta 8 THC, Delta 9 THC, and Delta 10 THC are isomers, meaning they have the same molecular formula but differ in the arrangement of atoms and the position of their double bonds within the molecule.

What is the difference between Delta 8 THC, Delta 9 THC, Delta 10 THC, and THCA?

Delta 9 THC

This is the most abundant form of THC found in cannabis plants and is well-known for its strong psychoactive effects. It is the standard form of THC that is most commonly associated with the use of cannabis.

Delta 8 THC

Delta 8 is chemically similar to delta 9 THC, but with the double bond on the eighth carbon in the chain, as opposed to the ninth. It is found in much lower concentrations in cannabis plants. Delta 8 THC is known for producing a milder high compared to Delta 9, with less anxiety and paranoia, which some users prefer. It also has potential medicinal benefits but is less potent.

Delta 10 THC

Like Delta 8, Delta 10 THC is found in only trace amounts in natural cannabis. The double bond in Delta 10 is located on the tenth carbon atom. It is generally considered to be less psychoactive than Delta 9 and Delta 8. Users report that Delta 10 offers a more energizing and less intense experience.

THCA

Tetrahydrocannabinolic acid (THCA) is a non-psychotropic acidic cannabinoid naturally occurring in the cannabis plant that serves as a precursor to tetrahydrocannabinol (THC). It is also the most abundant non-psychoactive cannabinoid found in cannabis.

How is THC Prosecuted in Texas?

As the law stands right now in Texas, for THC to be prosecuted, it has to be delta-9 THC, and it has to be in a concentration of 0.3% or more by dry weight. If the prosecution believes that you possessed THC outside the marijuana plant and the concentration of THC is greater than 0.3% by dry weight, you can be charged with a felony.

What are the risks of possessing Delta 8 THC and Delta 10 THC?

Delta 8 THC is not illegal in Texas; Neither is Delta 10 THC.

To understand why Delta 8 and Delta 10 aren’t illegal, you have first to understand how THC is criminalized in Texas.

Texas categorizes cases into penalty groups. Health and Safety Code Section 481.103 defines Penalty Group 2, which includes “any quantity of the following hallucinogenic substances, their salts, isomers, and salts of isomers unless specifically excepted.”

It goes on to include “tetrahydrocannabinols, other than marihuana, and synthetic equivalents of the substances contained in the plant… and their isomers with similar chemical structure and pharmacological activity.”

You would think this means if Delta 8 and Delta 10 are either synthetic equivalents or isomers with similar chemical structure and pharmacological activity they are illegal.

That would be true except for the exemption in Section 481.002, which excludes hemp and THC in hemp.

Hemp is defined in Agriculture Code Section 121.001 and includes “all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers [of the Cannabis sativa L. plant], whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.”

As a result, any substance that is derived from the Cannabis sativa L. plant (genetically, both marijuana and hemp are the same plant) with a delta 9 THC concentration of 0.3 percent or less is legal, as are all cannabinoids (so THC 8 and 10) that have an equally low THC concentration. Does that mean there’s no risk in purchasing or possessing these products? No.

Read on to understand why possessing something legal in Texas can get you arrested, charged, and become a problem you will spend thousands of dollars to rectify.

• In the field, the police cannot determine concentrations.

In Texas, police use the NARK II Duquenois-Levine Reagent to test for THC in the field. This reagent is part of a presumptive test designed to identify THC in marijuana and other cannabis-related substances. This test is qualitative, not quantitative, meaning it can indicate the presumptive presence of THC but does not specify the concentration. Further, it cannot differentiate between THC isomers such as Delta-9 THC, Delta-8 THC, Delta-10 THC, or THCA.

What this means is officers who suspect a substance might be illegal will use a reagent that cannot distinguish between types of THC (legal or illegal) and gives them no information about concentration. This means they can place you under arrest, and you’ll have to bond out, hire a lawyer, fight the case in court, and very likely pay for your own lab test before the case is resolved.

• THC concentration may vary based on the testing method.

Gas Chromatography

There are several ways to test for THC concentration in a lab. Most criminal labs in Texas use gas chromatography. This is sufficiently accurate (for government work), and perhaps more importantly, it would be virtually impossible to find a criminal lab in Texas without a gas chromatograph. Gas chromatography (GC) is a method used to separate and analyze compounds that can be vaporized, commonly applied in the analysis of THC (tetrahydrocannabinol), the psychoactive component in cannabis.

High-performance liquid chromatography

High-performance liquid chromatography (HPLC) has been reported as the best method for testing cannabinoids.

A key difference between HPLC and GC is that the suspected substance does not have to be heated, unlike GC, which depends on testing a vaporized substance.

Thin-Layer Chromatography

Finally, the cheapest way to test for THC is through Thin-Layer Chromatography (TLC). Producers, sellers, and vendors often use TLC because of the low testing cost. TLC has far lower sensitivity. TLC is more qualitative than quantitative, which means it is better at indicating the presence of a substance rather than accurately measuring its concentration. This can lead to underreporting when precise quantification is necessary, as TLC might not provide the exact levels of THC present.

Back to THC 8 and THC 10: 

If you purchase something with Delta 8 or Delta 10 THC, you still face a risk that a field officer will not be able to distinguish between the isomers of Delta 9 THC. This means you will likely be arrested and have to defend the case in court. You are also running the risk that the lab report you relied on in purchasing the product was not accurate or reliable for the reasons outlined above.

What are the risks of possessing Delta 9 THC sold in low concentration?

Let’s say you buy a product that claims to have Delta 9 THC in a legal concentration that is equal to or less than 0.3 % by dry weight. Let’s say the seller even provides a lab test showing the concentration. You might be tempted to think your purchase and possession are perfectly legal, except there’s no way for an officer to know if the THC concentration is greater than 0.3% by dry weight or not. So once the reagent tests show a presumptive positive for THC, you are getting arrested.

What are the risks of possessing THCA?

THCA deserves its own section and explanation. THCA (tetrahydrocannabinolic acid) is not an isomer of Delta 9 THC; it is a cannabinoid precursor and an acidic form of THC. THCA itself is non-psychoactive, meaning it does not produce the “high” associated with THC. It is found in higher concentrations in fresh, undried cannabis plants, particularly in the raw cannabis buds.

• THCA (C22H30O4): Tetrahydrocannabinolic acid is found in raw and live cannabis plants. It is the non-psychoactive acidic form of THC. THCA does not produce psychoactive effects unless it is decarboxylated, usually through heating.
• Delta-9 THC (C21H30O2): When THCA is exposed to heat, it undergoes a chemical reaction known as decarboxylation, where it loses a carboxyl group (COOH) as carbon dioxide and water. This transformation changes THCA into Delta-9 THC, the well-known psychoactive compound found in cannabis.

THCA has become a popular alternative for individuals in Texas who want the effects of THC without having to possess marijuana and risk an arrest and prosecution that could come with that in Texas.

Is THCA legal in Texas?

THCA is legal in Texas.

Does that mean you can possess it or convert it to THC by smoking or vaporizing it without consequence? No.

If you were stopped while you were smoking or vaporizing THCA, you would no longer have THCA, you would be in possession of THC.

The other significant risk is the testing. Unlike the testing issues with THC-8 and THC-10, the significant risk here is that the testing itself can create the substance law enforcement is looking for and for which prosecutions are based.

Put simply, legal THCA becomes illegal Delta 9 THC when it is heated. In Texas, the most common way criminal labs test cannabinoids is gas chromatography. Heating and vaporizing a sample is a necessary step in gas chromatography. As a result, not only will you be arrested based on a non-specific reagent test, but you will also be prosecuted based on a lab report showing the presence of an illegal concentration of THC. While there are a number of ways to get a case dismissed, you may have to have the sample tested by an outside lab that uses HPLC to prove what you possessed was THCA and not THC.

Legal Challenge For Prosecutors

It is important to note that possession charges in Texas require proof of knowledge of the substance’s illegal status. Therefore, having a lab report indicating that a product is within the legal THC limit could be beneficial. Similarly, having a report that documents you were in possession of THCA as opposed to any THC isomer could be helpful.

In summarizing the complexities and legal nuances surrounding the use of Delta 8 THC, Delta 9 THC, Delta 10 THC, and THCA in Texas, it becomes evident that the state’s stance on these substances is both intricate and evolving. Despite the apparent ubiquity of THC products in Texas, particularly in areas like Austin, the legal landscape is fraught with contradictions. As Texas moves towards the 2025 legislative session and THC products become more prevalent, it becomes imperative for every Texan to stay abreast of the changes in legislation surrounding these substances.

Additional Reading

The Legality of CBD Oil in Texas

Arrested for THC in North Texas? Contact Us.

If you have been arrested for possessing THC in North Texas, it’s important to have an experienced defense attorney who understands the intricacies of THC laws in Texas. As you can see, we have a deep understanding of the legal landscape surrounding THC in Texas, including the complexities of Delta 8, Delta 9, Delta 10 THC, and THCA. Our goal is to get the case dismissed at the outset or resolve it in a manner that will keep your record clean and not negatively impact your future. Call 817-203-2220 to speak with an experienced attorney today.

Southlake officials canceled classes at two high schools on Wednesday after learning of a potential threat of a school shooting.

Officials said the threat involved a message written on a bathroom school door “by someone referring to the STARR test and a potential school shooting” on Wednesday.

Police are investigating the incident, and no one has been taken into custody. Still, the person(s) responsible for the threat could face criminal charges—regardless of whether it was a hoax to disrupt a test or whether they are a juvenile or an adult.

In this article, the criminal defense attorneys at Varghese Summersett explain the various types of offenses that could stem from making school threats in Texas, which are often pranks or false alarms but are still taken extremely seriously by law enforcement and school officials. Juvenile law expert Lisa Herrick also details the procedures and legal processes involved when a minor is taken into custody.

What Constitutes a School Threat?

A school threat is any statement, action, or behavior that expresses an intent to harm students, teachers, or staff at a school. This can include written messages, verbal statements, social media posts, drawings, or physical acts. The intent may be direct and specific, such as naming a particular person or group, or it may be more general and vague.

It is important to note that even if the person making the threat does not have the means or intent to carry out the act, their actions can still be considered criminal offenses. This is because any threat of violence against a school community causes fear and disrupts the learning environment for students.

Types of School Threats

Making a threat to a school can result in different criminal charges depending on the nature and severity of the threat. Here are some examples of school threats and their potential consequences:

Terroristic Threat

According to Section 22.07 of the Texas Penal Code, a person commits an offense if they threaten to commit any crime of violence to any person or property with the intent to:

1. Cause a reaction of any type by an official or volunteer agency organized to deal with emergencies;
2. Place any person in fear of imminent serious bodily injury;
3. Prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other public place;
4. Cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;
5. Place the public or a substantial group of the public in fear of serious bodily injury; or
6. Influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

Depending on the facts and circumstances, making a threat against a school or a student can certainly fall under this statute. The severity of the offense and punishment depends on the specific intent and target of the threat, ranging from a Class B misdemeanor to a third-degree felony. Read more about terroristic threats here and please take a minute to watch this video by Board Certified Juvenile Lawyer Lisa Herrick who explains when online bullying or banter can cross the line into making a terroristic threat.

Making a False Alarm or Threat

According to 42.06 of the Texas Penal Code, making a false alarm or threat  is committed if a person knowingly initiates, communicates or circulates a report of a present, past or future bombing, fire, offense or other emergency that he or she knows is false or baseless and that would ordinarily:

1. cause action by an official or volunteer agency organized to deal with emergencies;
2. place a person in fear of imminent serious bodily injury; or
3. prevents or interrupts the occupation of a building, room, place of assembly, place to which the public has access, or aircraft, automobile or other mode of conveyance.

The severity of the punishment for making a false report or alarm depends on where the false alarm is reported to have occurred, not the location of the actor. If the false report involves a public or private institution of higher education or involves a public primary or secondary school, the offense is a state jail felony, punishable by six months to two years in a state jail facility and up to a $10,000 fine. If the alarm or false report involves any other location, it is a Class A misdemeanor, punishable by up to one year in jail and up to a $4,000 fine.

For example, pulling a fire alarm in a high school to get out of a test or calling in a false bomb threat at a university would be a state jail felony. Learn more about making a false alarm or threat.

Hoax Bombs

Under Texas Penal Code Section 46.08, a person commits an offense if they knowingly manufacture, sell, purchase, transport, or possesses a hoax bomb with intent to use the hoax bomb to:

1. make another believe that the hoax bomb is an explosive or incendiary device;  or
2. cause alarm or reaction of any type by an official of a public safety agency or volunteer agency organized to deal with emergencies.

This statute could apply if the threat to the school involves a fake bomb or even dropping a note saying there is a bomb in the school. Using a hoax bomb is a Class A misdemeanor, punishable by up to a year in jail and $4,000 in fines. Read more about hoax bombs in Texas.

Disruption Activities/Disruption of Classes

Texas Education Code Section 37.123 makes it an offense for a person, alone or in concert with others, to intentionally engage in disruptive activity on the campus or property of any private or public school. Disruptive activity includes:

1. Obstructing or restraining the passage of persons in an exit, entrance, or hallway without authorization from the school administration;
2. Seizing control of a building or portion of a building to interfere with an authorized activity;
3. Preventing or attempting to prevent by force, violence, or threat a lawful assembly authorized by the school administration;
4. Disrupting by force, violence, or threat a lawful assembly in progress;
5. Obstructing or restraining the passage of a person at an exit or entrance, or preventing their ingress or egress, without authorization;

This statute can apply if a threat leads to the evacuation or significant disruption of school activities. An offense under this section is a Class B misdemeanor. Repeat offenders may also become ineligible to attend state-funded higher education institutions

Juvenile Offenders: What Happens if Your Child is Taken Into Custody?

In Texas, offenses committed by an individual who is 10 years or older but under 17 are handled through the juvenile justice system. This process differs significantly from that for adults. Unlike adults, juveniles are not taken to a conventional jail to be processed. They are not “booked into jail.” Instead, they go through a procedure known as juvenile intake, which is specifically designed to handle minors with a focus on rehabilitation rather than punishment.

The Role of Juvenile Intake

Juvenile intake is a critical first step when a minor is taken into custody or accused of a crime. This process is triggered when authorities, be it school officials, citizens, or parents, report a juvenile’s alleged illegal activities. Law enforcement officers may respond by taking the child into custody for a formal intake or issuing a warning notice requiring the juvenile and their parents to attend a scheduled intake session.

Procedures Upon Custody

If a child is taken into custody, they are brought to a juvenile processing office — a designated area within a police station or similar facility, where they can be legally detained for up to six hours. This setting is not punitive like jail cells used for adults but is designed to safely secure the juvenile while processing them according to legal requirements. These include administrative tasks like completing essential forms, fingerprinting, and issuing required warnings.

Juvenile Intake Process in Tarrant County

During the juvenile intake process in Tarrant County, the case is initially handled by a juvenile intake probation officer. This officer reviews the offense report, conducts interviews with the juvenile and their parents, and assesses the situation. The goal is to determine the most appropriate next steps, which could range from referral for prosecution to supervised release with conditions.

During the intake process, the child will be fingerprinted and photographed. It is required by the Texas Department of Public Safety, regardless if you are a juvenile or an adult. In Tarrant County, the child will be taken to a specific fingerprint and photograph office at the detention center, where the photos and fingerprints will be taken.

Juvenile Intake Interview

The intake interview is pivotal. It aims not to interrogate but to gather comprehensive information about the juvenile’s background, which includes their family environment, educational situation, and any potential mental health or substance abuse issues. This data helps build a social history that will guide the court in deciding how to proceed with the case. The process is designed to be non-adversarial, emphasizing the best interest of the child and family.

Outcomes of the Juvenile Intake Process

After the juvenile intake process concludes, the probation officer determines the appropriate next steps based on the severity and specifics of the case. There are several potential outcomes including:

• Supervisory Caution: Here, the probation officer advises the juvenile on their behavior and may direct them to a social service agency or a community program designed for first offenders. Under this outcome, the case does not advance to the District Attorney’s Office, and no formal charges are placed.
• Deferred Prosecution Probation: This option allows the juvenile to enter into a probation agreement. If they successfully adhere to its conditions and complete the program, the charges are dismissed, and the case is closed. However, failure to comply or complete the program could lead to the case being escalated to the prosecutor for formal charging.
• Referral to District Attorney for Prosecution: In more severe instances, such as felonies or crimes involving assault or weapons, the probation officer must send the case to the District Attorney’s Office for further review and potential prosecution.

The Importance of Legal Representation and Expertise

Throughout this process, it is crucial for a juvenile to have skilled and specialized legal representation. Lisa Herrick, a board-certified juvenile law expert, is vital to the Varghese Summersett team. Her expertise is especially important during the juvenile intake process, ensuring the juvenile’s rights are protected. If your child has been accused of making a school threat, having Lisa by their side can make a significant difference in the outcome of the case.

If you are an adult in the eyes of the law – age 17 or older – and have been accused of making school threats, you will be handled as an adult in the criminal justice system. At Varghese Summersett, we have the top attorneys in Texas on our roster who will fight for the best possible outcome in your case. Our goal is to resolve the case in a manner that will keep your record clean and not negatively impact your future. Call 817-203-2220 to speak to an experienced attorney today.

When someone has been injured in an accident and receives a personal injury settlement, the money is intended to cover medical expenses, lost wages, pain and suffering, and other losses. But what if the victim is paying child support? Can personal injury settlements affect child support in Texas?

The short answer is yes. However, the specifics of how and to what extent depend on various factors, including whether you are behind on your child support payments. In this article, our experienced attorneys explain how personal injury settlements affect child support in Texas and what you should do if you need assistance with a child support lien or modification due to a personal injury settlement.

How Personal Injury Settlements Affect Child Support

If you receive a personal injury settlement and you owe back child support, you can expect your child support obligation to be paid out of your settlement before you receive any money. This is because Texas law gives a priority lien to unpaid child support. This means that the state has first rights to any funds owed for past-due child support.

But what if you are not behind on your child support payments? The fact that you received a personal injury settlement does not automatically mean your child support payments will increase. A modification to your existing child support agreement must be requested (usually by the other parent) and approved by the court. If a modification is not sought and you don’t owe back child support, your child support payments will remain the same.

Let’s examine both scenarios—garnishment with child support liens and modification due to increased income—in more detail.

Child Support Liens On Personal Injury Settlements

It is not uncommon for people who are injured in an accident to struggle financially. This can lead to difficulties in meeting their child support obligations. When a parent who owes back child support receives a personal injury settlement, part of the settlement can be garnished or seized to cover the overdue payments.

In Texas, under Section 157.317 of the Texas Family Code, the state can place a lien on the settlement proceeds from personal injury claims. This means that before the parent receives any money from the settlement, the owed child support may be subtracted from the total amount. Here’s how child support clients work on personal injury settlements.

1. Identification of Liabilities: Once a personal injury settlement is awarded, the court or the child support enforcement agency identifies any existing child support arrearages (past-due payments) associated with the recipient of the settlement.
2. Placement of a Lien: The state places a lien on the settlement proceeds. This legal claim on the funds ensures that before any disbursement is made to the injured party, the amount owed in back child support is first subtracted from the total settlement.
3. Garnishment of Funds: The mechanism of garnishing the settlement involves legally redirecting part of the settlement to satisfy the debt of back child support. The entity managing the settlement, such as an insurance company or a law firm handling the personal injury claim, is typically instructed to withhold the owed amount and directly transfer it to the child support enforcement agency.
4. Disbursement of Remaining Funds: After the child support lien is satisfied, any remaining funds from the settlement are released to the recipient. This ensures that the parent meets their child support obligations without further delay, potentially alleviating some financial challenges they face post-accident.

Applying a child support lien on a personal injury settlement carries both legal and financial implications. Legally, it enforces that parental responsibilities cannot be evaded, even amidst personal financial gain or recovery from injury. Financially, it prioritizes the welfare of the child over the financial gain of the parent, ensuring that the child support payments are made promptly, thereby reducing the potential financial hardship experienced by the custodial parent and the child.

Modification of Child Support After a Personal Injury Settlement

In cases where a parent receives a substantial personal injury settlement, there may be a presumption that their financial circumstances have improved, potentially leading to an increase in child support payments. However, this is not automatic. For child support payments to be adjusted, the following steps typically occur:

1. Request for Modification: The custodial parent or their lawyer must formally request a modification of the child support order. This request is usually submitted to the court that issued the original child support order.
2. Court Evaluation: The court will then evaluate the request, considering the parent’s new financial status, including any significant income from the settlement. The court must determine whether there has been a material and substantial change in the circumstances of the child or the non-custodial parent that warrants a revision of the child support payments.
3. Decision on Modification: If the court finds that the non-custodial parent’s financial situation has significantly improved, it may increase the child support payments. However, if the settlement is deemed non-recurring or designated for specific expenses related to the injury (like medical bills or disability-related costs), the court might decide not to adjust the child support payments.

It’s important for parents to understand that receiving a personal injury settlement does not automatically change child support obligations. Legal processes and considerations are involved to ensure that any adjustments are fair and reflect the current needs and resources of all parties involved. This approach helps maintain stability for the children supported by these funds and acknowledges the complex nature of personal and financial recovery following an injury.

Are Personal Injury Settlements Considered Income?

In Texas, personal injury settlements are generally not considered income for the purpose of calculating child support. Child support calculations typically focus on what is considered “net resources,” which include wages, salary, commissions, tips, overtime, and bonuses, among other types of income.

However, the portion of a personal injury settlement that represents lost wages might be considered part of the obligor’s net resources for calculating child support, since lost wages replace regular income that would have been counted towards child support obligations. The parts of the settlement intended for pain and suffering, medical bills, and attorney fees are not usually included as income for these calculations.

It’s important to consult with a legal professional or a family law expert to understand how these specifics might apply in a particular case, as individual circumstances can vary.

How Do Insurance Companies Discover Child Support Liens and Attach them to Injury Settlements?

In Texas, when an individual has a child support lien due to unpaid child support, insurance companies typically discover these liens through several mechanisms before disbursing funds from a personal injury settlement:

1. State Lien Registry: Texas maintains a child support lien docket, which is a public record of all child support liens. Insurance companies can access this docket to verify if there are any outstanding child support liens against an individual before settling a claim.
2. Notification from the Attorney General’s Office: The Texas Attorney General’s Office, which oversees child support enforcement, often notifies relevant parties, including insurance companies, of any existing child support liens. This ensures that the insurance company is aware of the lien before they issue payment.
3. Legal Requirement for Disclosure: Individuals involved in a personal injury lawsuit or settlement may be legally required to disclose any child support obligations during the legal process. Failure to do so can result in legal penalties.
4. Due Diligence by the Insurance Company: Insurance companies typically perform a due diligence process before disbursing settlement funds. This process includes checking for any liens or other legal encumbrances that may affect the settlement amount.

Once a child support lien is discovered, the insurance company is legally obligated to satisfy the lien from the settlement proceeds before disbursing the remainder to the claimant. This ensures that back child support is paid in accordance with state laws, helping to enforce child support obligations and protect the interests of children.

Does My Attorney Have to Pay My Child Support Lien First?

In Texas, if you have a child support lien and are receiving a personal injury settlement, your personal injury attorney is legally required to ensure that any existing child support liens are paid from the settlement funds before you receive any money. This obligation arises because Texas law clearly prioritizes satisfying child support debts.

Here’s how it generally works:

1. Notification and Verification: Once your attorney is informed of or discovers a child support lien—either through notification by the Texas Attorney General’s Office or through their own due diligence—they are required to verify the amount of the lien and ensure that it is valid.
2. Withholding and Payment: If there is a verified child support lien, your attorney must withhold the amount of the lien from your settlement proceeds. The attorney then pays that amount directly to the state child support enforcement agency or through the court, as directed.
3. Release of Funds: Only after the child support lien is satisfied can your attorney disburse the remaining settlement funds to you.

The process is designed to ensure that legal obligations for child support are met before the settlement recipient receives their portion. This legal requirement helps protect the financial interests of the children involved and ensures that child support laws are enforced. Failure by an attorney to comply with these requirements can lead to serious legal consequences, including potential disciplinary action.

Can a Child Support Lien Be Negotiated?

In Texas, while the amount of child support owed as per court orders is generally non-negotiable, certain aspects related to the enforcement of child support liens might be subject to negotiation. However, these negotiations usually don’t involve reducing the amount of child support owed. Still, they may involve the repayment terms or how a child support lien is applied to a specific settlement.

Here are a few scenarios where negotiation might be possible:

1. Payment Plan Arrangements: If the lien amount is substantial, it might be possible to negotiate a payment plan with the state’s child support enforcement agency. This would allow the responsible parent to satisfy the lien over a period of time rather than through a single lump sum from a personal injury settlement.
2. Release or Adjustment of the Lien: In some cases, if the settlement funds are needed immediately for critical expenses (such as medical bills related to the injury), it may be possible to negotiate the terms under which the lien is applied. This could involve requesting the child support enforcement agency to temporarily lift or adjust the lien to allow for the payment of urgent expenses.
3. Legal Disputes Over the Lien: Legal proceedings might be necessary if there is a dispute regarding the validity or the amount of the lien. In such cases, negotiation can occur in the context of a broader legal challenge to the lien itself.
4. Settlement Allocation: Sometimes, negotiation with the opposing party in the personal injury case about how the settlement is categorized can influence the impact of a child support lien. If portions of the settlement are allocated to non-wage compensatory damages like pain and suffering, these might not be subject to a lien, depending on the specifics of Texas law and the nature of the lien.

To navigate these negotiations, working with a knowledgeable attorney who understands family law and personal injury law in Texas is crucial. They can help you understand your options and represent your interests effectively in negotiations or court proceedings, if necessary.

Legal Implications for Failing to Back Pay Child Support After a PI Settlement

Failing to account for child support in a personal injury settlement in Texas can have significant legal implications, primarily because it can lead to a violation of state laws regarding child support obligations. Here’s what might happen:

1. Legal Enforcement Actions: If the child support lien is not satisfied from the settlement proceeds, the Texas Attorney General’s Office, which enforces child support orders, can initiate legal actions to recover the owed amounts. This could include garnishing wages, seizing bank accounts, or taking other collection actions against the individual.
2. Interest and Penalties: Unpaid child support accrues interest in Texas, and failing to pay can lead to additional financial penalties. These costs can add up over time, increasing the overall debt beyond the original child support arrears.
3. Contempt of Court: Not adhering to a court order, including payment of child support, can be considered contempt of court. This can result in various penalties, including fines or even jail time, depending on the severity and duration of the non-compliance.
4. Impact on Settlement Distribution: If a personal injury attorney improperly distributes settlement funds without accounting for a child support lien, they could face legal and professional consequences. This might include disciplinary actions from the bar association, lawsuits for malpractice, or other legal claims from the affected parties.
5. Loss of Licenses: In Texas, failure to pay child support can lead to the suspension of various state-issued licenses, including driver’s licenses and professional licenses, which can impact one’s ability to work and earn income.

To avoid these implications, individuals receiving a personal injury settlement must disclose any existing child support liens and ensure they are addressed in the distribution of the settlement funds. It’s also advisable to work with an attorney familiar with both personal injury and family law in Texas to ensure compliance and avoid potential legal issues.

Speak to Experienced Attorney Today.

At Varghese Summersett, we have both a family law division and a personal injury division – each with their own dedicated team of attorneys. Because you may need both – a personal injury lawyer and a family lawyer – we are uniquely situated to handle any issue that arises from personal injury settlement proceeds and child support.

If you need assistance with a child support lien or modification due to a personal injury settlement, our experienced attorneys are here to help. Contact us today at 817-203-2220 for a consultation and learn more about how personal injury settlements affect child support in Texas.