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When parents separate, one of the biggest concerns is how to divide parenting time. An arrangement that is quickly becoming more popular is 50/50 custody. However, 50-50 custody is not included in the Texas Family Code, and arranging this type of schedule may be confusing. In this article,  we will explain what 50/50 custody means and how to arrange it in Texas.

Does Texas Recognize 50/50 Custody?

Yes, although it is not outlined in the Texas Family Code, Texas courts may allow 50/50 custody arrangements if it is in the child’s best interest.

Does Joint Custody Mean 50/50 Custody?

Not exactly. “Joint custody” means that both parents share the responsibility for raising their child. This can be split into two types:

  • Joint Legal Custody: Both parents have equal rights to make important decisions about their child’s upbringing, like education and healthcare.
  • Joint Physical Custody: This refers to the physical time the child spends with each parent.

While joint custody often leads to 50/50 arrangements, they are not the same. Joint custody doesn’t always mean the time spent with each parent is exactly equal.

Child Support with 50/50 Custody

Do You Still Have to Pay Child Support if You Share 50-50 Custody?

It is a common misconception that parents don’t have to pay child support if they have a 50/50 schedule. However, even with a 50/50 custody arrangement, child support may still be required. Texas law takes into account the financial needs of the child as well as the income of both parents. Even with a 50/50 arrangement, child support depends on various factors including each parent’s income and expenses.

Standard Possession vs. 50-50 Custody

In Texas, the most common custody arrangement is found in a “Standard Possession Order.” This schedule is outlined in the Texas Family Code and is often used when parents cannot agree on a different arrangement. It typically gives the non-custodial parent possession on the first, third, and fifth weekend of every month, Thursday evenings, and extended time during summer vacations and holidays. Below is the 2024 Standard Possession Calendar.

50/50 Custody in Texas: What You Need to Know

 

 

 

50/50 custody involves an equal split of time which can look different depending on the parents’ schedules and the child’s needs. It is often more balanced than a Standard Possession Order but requires careful planning and communication.

50/50 Custody in Texas: What You Need to Know

What Does a 50/50 Custody Schedule Look Like?

50/50 custody is a rather creative arrangement, and there are several ways to set up this type of schedule. For example, here are two common types of 50/50 schedules:

Every Other Week

One parent has the child for a full week, then the other parent has the child for the next week. Some parents may decide this type of schedule and create an extended version by alternating between two-week periods instead of one.

Sun. Mon. Tues. Wed. Thurs. Fri. Sat.
Parent A Parent A Parent A Parent A Parent A Parent A Parent A
Parent B Parent B Parent B Parent B Parent B Parent B Parent B

2-2-3 Schedule

The child spends two days with one parent, two days with the other, and then alternates weekends.

Mon. Tues. Wed. Thurs. Fri. Sat. Sun.
Parent A Parent A Parent B Parent B Parent A Parent A Parent A
Parent B Parent B Parent A Parent A Parent B Parent B Parent B

Each schedule can be adjusted to fit the family’s needs, including school schedules and parents’ work commitments.

How Does 50/50 Custody Affect Summer Possession and Holidays?

When it comes to summer possession and holidays, 50/50 custody arrangements require additional planning to ensure fairness and consistency. For example, with a 50/50 custody arrangement, summer break can be divided between both parents. Common approaches for summer possession include alternating weeks throughout the summer or alternating extended periods to allow parents to take vacations or trips.

Holiday schedules can be more complex in a 50/50 arrangement. Typically, parents alternate holidays each year to ensure that both get to spend time with the child during special occasions; however, some parents may choose to split the entire day to allow the child to spend the holiday with each parent.

50/50 Custody in Texas: What You Need to Know

What Are the Pros and Cons of 50/50 Custody?

Considering a 50/50 schedule, it is important to consider the pros and cons of this type of arrangement. Some of the benefits of a 50/50 schedule include:

  • Balanced Time: The child spends equal time with both parents, which can strengthen relationships.
  • Reduced Conflict: Shared responsibility can reduce tension between parents.
  • Consistency: Children can have a more balanced experience with both parents.

On the other hand, some of the issues with a 50/50 schedule include:

  • Logistics: Managing two households and schedules can be challenging.
  • Stability: Constantly moving between homes might affect a child’s sense of stability. In contrast, a Standard Possession Schedule allows a child to have a “primary” home.
  • Communication: Requires high levels of cooperation and communication between parents. A 50/50 schedule may not be ideal for parents who struggle with communication.

Need Help with Custody Issues?

Navigating custody arrangements can be complex and emotional. At Varghese Summersett, our experienced family law attorneys are here to help you understand your rights and options. Call us today at (817) 900-3220 to discuss your case and get the support you need.

50/50 Custody in Texas: What You Need to Know

Varghese Summersett

Ben Affleck and Jennifer Lopez Divorce: Key Takeaways

Jennifer Lopez and Ben Affleck have captivated Americans’ hearts for over 20 years. Their relationship timeline is filled with moments of joy, heartbreak, and, ultimately, rekindled love, which culminated in a divorce filing this week.

From their first meeting on the set of “Gigli” in 2002 to their recent marriage and subsequent challenges, the couple has remained a beloved fixture in the public eye. Their romance, affectionately dubbed “Bennifer,” has been a rollercoaster ride of ups and downs, with the couple facing intense media scrutiny, postponing their wedding in 2003, and eventually parting ways in 2004. Despite these setbacks, Lopez and Affleck remained friends and continued to support each other throughout the years.

In a surprising turn of events, the couple rekindled their romance in 2021, culminating in a fairytale wedding in Las Vegas in July 2022. But their marriage proved to be short-lived, with Lopez filing for divorce on August 20, 2024—the two-year anniversary of their wedding ceremony in Georgia.

In this article, the divorce attorneys at Varghese Summersett offer some insights into the end of Bennifer 2.0 and why the Ben Affleck and Jennifer Lopez divorce is anything but typical.

the pro se filing

Jennifer Lopez’s Pro Se Divorce Filing

Perhaps the most noteworthy aspect of the Ben Affleck and Jennifer Lopez divorce is that it was a “pro se” filing by Jennifer. In California, this is referred to as a “pro per” filing and that means Jennifer Lopez filed the divorce proceeding herself . She is not represented by counsel. While that would be highly unadvisable for most, there are a few reasons Ben and Jennifer may have chosen this route:

  1. Absence of Children: Since Lopez and Affleck do not have children together, custody and child support issues, which are often contentious in divorce cases, are not a factor in their situation.
  2. Amicable Proceedings: The couple’s decision to file pro se indicates a desire to maintain a peaceful and cooperative relationship during the divorce process. They’ve known each other long enough (and separated in the past) to be able to fairly predict they are not going to be arguing about anything.
  3. Staying Out of the Limelight: Ben and Jennifer may have also made the decision to keep the intimate details of their divorce out of the public eye. In Texas, a similar outcome can be achieved through a special process called collaborative divorce. A massive benefit of a collaborative divorce is it stays entirely out of the public domain.
  4. Experience: Jennifer Lopez has had three past divorces:
    • Ojani Noa (1997-1998)
    • Cris Judd (2001-2003)
    • Marc Anthony (2004-2014)

    Ben Affleck has had one past divorce:

    • Jennifer Garner (2005-2018)

    At this point, they know what they want and don’t want their divorce to be. That experience gives them an edge in handling their divorce on their own.

there's no pre-nup

Absence of a Prenuptial Agreement

Another surprising aspect of this high-profile divorce is the reported absence of a prenuptial agreement. For individuals with substantial assets or earning potential, a prenup is generally advisable for the following reasons:

  • Protection of Pre-marital Assets: A prenup clearly defines what assets each party brings into the marriage, protecting them in case of divorce.
  • Clarity on Financial Expectations: It sets clear expectations about financial responsibilities and rights during the marriage and in the event of a divorce.
  • Simplification of Divorce Proceedings: If divorce occurs, a prenup can significantly streamline the process, reducing emotional stress and legal costs.
  • Protection of Business Interests: For entrepreneurs or business owners, a prenup can safeguard business assets and interests.

Although at one time Lopez and Affleck may have believed their marriage would be forever, things turned out differently. Most people in this situation are not going to walk away without disagreements over finances. Affleck and Lopez are, both in Hollywood and outside, unique. For most, the prudent course of action is to have a prenuptial agreement particularly when significant assets are involved.

Community Property Laws

While Lopez filed for divorce in California, it’s worth noting how community property laws work in different states, such as Texas:

  • In Texas, any income earned or assets acquired during the marriage are generally considered community property, regardless of which spouse earned or acquired them.
  • This means that without a prenup, Lopez and Affleck’s earnings during their marriage could be subject to equal division, potentially resulting in a significant financial impact for both parties.

The Impact of Children on Divorce Proceedings

Although Lopez and Affleck don’t have children together, it’s essential to consider how children can complicate divorce proceedings:

  • Custody Arrangements: Determining custody and visitation schedules can be emotionally charged and time-consuming.
  • Child Support: Calculations for child support can be complex, especially with high-income parents.
  • Co-parenting Challenges: Divorced parents must learn to co-parent effectively, which can be particularly challenging for high-profile individuals.

Lessons from Ben Affleck and Jennifer Lopez Divorce

Lessons for High-Net-Worth Individuals

The Lopez-Affleck divorce underscores several key points for high-net-worth individuals considering marriage. While love and trust are the foundations of any relationship, financial security and foresight are crucial when significant assets are involved. Here’s what you need to keep in mind:

1. Always Consider a Prenup: Regardless of how certain you are about your relationship, a prenuptial agreement is a wise financial decision. A prenup can outline how assets will be divided in the event of a divorce, providing clarity and reducing conflict later on. For high-net-worth individuals, this agreement isn’t just about protecting what you currently have; it’s also about safeguarding future earnings, investments, and business interests. A well-drafted prenup can ensure that both parties enter the marriage with a clear understanding of financial expectations, preventing potential disputes down the road.

2. Protect Your Assets: Clearly define pre-marital assets and how future earnings will be handled. High-net-worth individuals often have complex financial portfolios, including real estate, stocks, businesses, and other investments. To protect these assets, it’s essential to distinguish between what was acquired before the marriage and what was accumulated during it. This distinction can significantly impact the division of assets in a divorce. Additionally, consider establishing trusts or other legal mechanisms that can further shield your wealth from potential disputes.

3. Plan for the Unexpected: Even if you believe your marriage will last forever, it’s crucial to plan for all possibilities. Life is unpredictable, and circumstances can change. A comprehensive marital agreement can address scenarios such as changes in income, the birth of children, or even the relocation of one or both spouses. Planning for these contingencies doesn’t mean you’re anticipating the end of your marriage; rather, it shows a commitment to ensuring that both parties are treated fairly, no matter what the future holds.

4. Seek Professional Advice: Consult with experienced family law attorneys who understand the complexities of high-net-worth divorces. Divorce for high-net-worth individuals involves more than just dividing assets—it can also involve issues related to privacy, reputational concerns, and the management of shared business interests. An attorney with expertise in high-net-worth cases can help you navigate these challenges, ensuring that your financial and personal interests are protected. Additionally, financial advisors and estate planners should be part of your team, providing a holistic approach to your financial security before, during, and after marriage.

While the end of a marriage is never easy, taking proactive steps can make the process less painful and more predictable. By considering these lessons from the Lopez-Affleck divorce, high-net-worth individuals can enter into marriage with confidence, knowing they are prepared for whatever the future may hold.

Ready for a Divorce? We Are.

At Varghese Summersett, we understand the unique challenges faced by high-net-worth individuals in family law matters. While we hope for the best in every marriage, we always advise our clients to protect their interests through careful planning and legal agreements. If you are contemplating divorce, it’s important to consult with an experienced family law attorney. Call 817-203-2220 to schedule a consultation with experienced attorney at Varghese Summersett.

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Varghese Summersett

What Happens When a Drunk Driver Kills Someone?

On August 19, 2024, a catastrophic accident occurred on Interstate 35W in Fort Worth, Texas, resulting in the deaths of five family members, including two children. The crash, involving a suspected drunk driver in a Chevrolet Camaro, has sent shockwaves through the community and reignited discussions about the pervasive issue of impaired driving. This comes only one week after a Fort Worth police officer was killed by a drunk driver. In this article, our Fort Worth car accident lawyer explains what happens when a drunk driver kills someone.

Details of a Recent Fatal Crash

The incident unfolded when an intoxicated 19-year-old drove a Chevrolet Camaro at excessive speeds on the northbound lanes of I-35W. The driver lost control of the vehicle and violently rear-ended a sedan carrying a family of five. The force of the impact was so severe that it caused the sedan to burst into flames, tragically claiming the lives of all occupants.

Legal Implications and Potential Liability

Criminal Responsibility

The 19-year-old driver faces five counts of intoxication manslaughter, a second-degree felony in Texas. If convicted, each count carries a potential sentence of 2 to 20 years in prison and a fine of up to $10,000. Given the multiple fatalities, the driver could potentially face life in prison if sentenced consecutively. Notably, the legal age to drink in Texas is 21, so the 19-year old should not have been drinking at all. [Similarly, the driver who killed the Fort Worth officer was on probation and not allowed to drink alcohol.]

Insurance Claims

The insurance situation in this case could play a crucial role in potential compensation for the victims’ families:

  1. Driver-Owned Vehicle: If the 19-year-old driver owned the Camaro, his auto insurance policy would be the primary source for a claim. However, given the severity of the accident and multiple fatalities, the policy limits may be quickly exhausted.
  2. Permissive User: If the driver was using the Camaro with the owner’s permission (a “permissive user”), the vehicle owner’s insurance policy would typically be the primary coverage. In Texas, this coverage usually extends to anyone using the car with the owner’s consent.
  3. Policy Limits: It’s important to note that most personal auto insurance policies have per-person and per-accident limits. In a catastrophic case like this, these limits may be far below the actual damages incurred.
  4. Umbrella Policies: If either the driver or the vehicle owner (in case of permissive use) has an umbrella insurance policy, this could provide additional coverage beyond the auto policy limits.
  5. Uninsured/Underinsured Motorist Coverage: If the victims’ own auto insurance included uninsured/underinsured motorist coverage, their estates might be able to make a claim against this coverage if the at-fault driver’s insurance is insufficient.

claimants in drunk driving accident

Potential Claimants in a Deadly Drunk Driving Accident

Since the entire family perished in the accident, the following parties may have standing to bring wrongful death claims:

  1. Estates of the Deceased: The personal representatives of the estates of both the parents and children can file wrongful death claims on behalf of the deceased.
  2. Surviving Family Members: Under Texas law, parents, children, and spouses of the deceased can file wrongful death claims. In this case, grandparents, siblings, or other close relatives of the deceased family members may have standing to sue.

Additional Parties That Could Be Held Liable

  1. Vehicle Owner: If the Camaro was not owned by the driver but was entrusted to them by someone who knew or should have known about the driver’s intoxication or history of reckless driving, the owner could face liability under negligent entrustment laws.
  2. Alcohol Providers (Dram Shop Liability): If the driver was served alcohol at a bar, restaurant, or other establishment despite being visibly intoxicated or underage, the business could be held liable under Texas’s dram shop laws.
  3. Social Hosts: If the driver consumed alcohol at a private residence, the host could potentially be held responsible if they knowingly served alcohol to a minor or an obviously intoxicated person who they knew would be driving.

Compensation and Damages

Potential damages in a case like this could include:

  • Funeral and burial expenses
  • Loss of future income and benefits
  • Loss of companionship and consortium
  • Pain and suffering of the deceased before death
  • Punitive damages (given the egregious nature of drunk driving)

On average someone is killed by a drunk driver every 8 hours in Texas.

Fort Worth Drunk Driving Statistics

To provide context for this tragedy, it’s important to examine recent statistics on drunk driving in Fort Worth:

  • According to the Texas Department of Transportation, there were 120 traffic fatalities in Fort Worth in 2022.
  • Statewide, 1,163 people died in crashes involving drunk driving in 2021.
  • On average someone is killed by a drunk driver every 8 hours in Texas.
  • From 2012 to 2021, there were 13,536 fatalities involving drunk driving in Texas, accounting for 37 percent of all traffic fatalities.

These statistics underscore the ongoing challenge of combating drunk driving in the region.

Legal Challenges and Considerations

  1. Auto liability insurance: The drunk driver’s auto insurance policy may cover damages up to the policy limits, but many policies exclude coverage for intentional acts or criminal behavior.
  2. Uninsured/underinsured motorist coverage: If the drunk driver is uninsured or their coverage is insufficient, the victim’s family may need to rely on their own uninsured/underinsured motorist coverage.
  3. Wrongful death claims: The victim’s family may file a wrongful death lawsuit, which could involve various insurance policies depending on the circumstances.
  4. Dram shop liability: In some jurisdictions, establishments that served alcohol to the driver may face liability, potentially involving their commercial liability insurance.
  5. Insurance Coverage Disputes: There may be legal battles over the extent of insurance coverage, especially if policy limits are insufficient to cover the damages. This could involve disputes between different insurance companies or attempts to stack multiple policies.

Community Impact and Prevention Efforts

This tragic incident has galvanized the Fort Worth community to take action against drunk driving. Some potential initiatives include:

  1. Enhanced education programs in schools and communities about the dangers of impaired driving
  2. Promotion of ride-sharing services and designated driver programs

Contact Us

If you were injured or if you lost a family member due to a drunk driver, reach out to us today. We can help. This drunk driving accident is a stark reminder of the devastating consequences of impaired driving. Our goal is to seek justice for victims and drive systemic change to combat drunk driving. Call 817-203-2220 today for a fee consultation with an experienced personal injury lawyer.

Varghese Summersett

When news broke of the split between Molly-Mae Hague and Tommy Fury, fans of the popular couple were heartbroken. After all, Molly-Mae and Tommy had been coupled up since their time on the reality show Love Island in 2019, and it seemed like the perfect match.

But as many relationships go, things didn’t work out for the engaged couple, even after the birth of their baby girl. Obviously, they are the only ones who know exactly what led to the breakup, but as experienced divorce attorneys, we can make some educated guesses.

In this article, we offer potential reasons why their relationship ran into trouble. But first, here’s a history lesson on the couple if you’re new to the Molly-Mae and Tommy Fury love story.

Molly-Mae & Tommy Love Story

The Molly-May & Tommy Fury Love Story

Molly-Mae Hague and Tommy Fury’s love story began in 2019 when they met on Love Island UK, where they quickly became fan favorites and finished as runners-up. Their relationship blossomed during the show, and they continued to share their journey with fans through social media.

Key Milestones in Their Relationship

  • Love Island (2019): Molly-Mae and Tommy met during Season 5 of the show, where their chemistry was evident. Although they did not win, they garnered a significant following.
  • After the show, Molly-Mae and Tommy leveraged their popularity to build successful careers as influencers. Molly-Mae excelled in fashion and beauty, becoming the creative director for PrettyLittleThing, while Tommy pursued a career in boxing, being the younger brother of heavyweight champion Tyson Fury.
  • Home and Family: In March 2022, the couple purchased their first home together, marking a new chapter in their relationship. Later that year, on September 25, they announced they were expecting their first child. Their daughter, Bambi, was born in January 2023.
  • Engagement: Tommy proposed to Molly-Mae in July 2023 during what she initially thought was a fake brand trip. The proposal was a surprise, and they shared their joy with fans through social media posts.
  • Public Celebrations: They frequently celebrated milestones together, including their engagement anniversary and the first anniversary of their daughter’s birth, often sharing heartfelt messages and videos.

Molly-Mae and Tommy’s relationship has been characterized by both public adoration and personal challenges, making them prominent figures in contemporary reality television culture.

Molly-Mae & Tommy Breakup

The Molly-Mae & Tommy Breakup

On August 14, 2024, Molly-Mae Hague and Tommy Fury announced their breakup after five years together, which included the birth of their daughter, Bambi, in January 2023 and their engagement in July 2023. Both shared emotional statements on Instagram , expressing their heartbreak and prioritizing their daughter amidst the split. Molly-Mae stated, “Never in a million years did I think I’d ever have to write this,” emphasizing her shock at the end of their relationship.

The couple’s breakup has resonated with fans, marking the end of a significant chapter in the Love Island narrative, as they were seen as one of the show’s more genuine couples. The announcement follows a period of public celebration of their engagement and family life, making the split particularly shocking to their followers.

While the exact reason for their breakup remains unknown, a few potential factors could have contributed to their decision to part ways.

Reality TV Curse

The Reality TV Curse: Why It’s So Hard for Stars to Stay Together

First and foremost, it’s important to acknowledge that being in a relationship after appearing on a reality TV show is no easy feat. Many couples who form on shows like Love Island, The Bachelorette – or more recently, the Golden Bachelor – end up breaking up shortly after leaving the show. Molly-Mae and Tommy made it five years, but in the end, they couldn’t overcome the reality TV curse. Here’s why:

  • Public Scrutiny and Pressure: One of the most significant challenges that couples from reality TV face is the intense public scrutiny that follows them long after the cameras stop rolling. Molly-Mae and Tommy were no exception. Their relationship was born in front of millions, and every step they took—whether it was buying a home, having a baby, or getting engaged—was subject to public opinion. This constant attention can create immense pressure, making it difficult for a couple to navigate their relationship privately and naturally. For many, the need to maintain a public image can overshadow the reality of their personal lives, leading to stress and, eventually, cracks in the relationship.
  • High Expectations and Comparisons: Fans of reality TV often have idealized perceptions of the couples they watch. Molly-Mae and Tommy were seen as a “perfect couple” by many, which can lead to unrealistic expectations. When a couple is constantly held up as a model of relationship goals, any deviation from that image can feel like a failure. The pressure to live up to these expectations can create tension and dissatisfaction within the relationship. Additionally, being constantly compared to other couples or their past selves can make it difficult to evolve naturally.
  • Lifestyle Changes and Diverging Paths: Both Molly-Mae and Tommy have achieved significant success since leaving “Love Island.” While this is undoubtedly positive, it also means that their lives have changed drastically from when they first met. Molly-Mae’s career in fashion and beauty has skyrocketed, and Tommy has pursued a career in boxing. As their professional lives took off, their priorities and goals may have started to diverge. It’s not uncommon for couples to grow apart when they are on different paths, especially when their careers require so much of their time and energy.
  • The Impact of Social Media: Social media plays a huge role in the lives of reality TV stars, often amplifying the pressures they face. While it’s a powerful tool for building careers, it can also be a double-edged sword. For Molly-Mae and Tommy, sharing their lives on platforms like Instagram may have added strain to their relationship. The need to constantly update followers, maintain a certain image, and deal with online criticism or speculation can be exhausting. This can take a toll on even the strongest relationships.
  • The Transition from Reality TV to Real Life: Lastly, there’s the challenge of transitioning from a relationship that began in a highly controlled and edited environment to the real world. “Love Island,” like many reality shows, creates a unique bubble where couples are isolated from the outside world, free from the usual stresses of life. Once that bubble bursts, couples must face real-world challenges—like work, family, and everyday responsibilities—that weren’t part of their relationship in the beginning. For Molly-Mae and Tommy, the transition from “Love Island” to real life, with all its complexities, may have been harder than anticipated.

While only Molly-Mae and Tommy truly know what led to their breakup, the factors outlined above are common challenges that many reality TV couples face. The pressures of public scrutiny, the impact of social media, diverging career paths, and the reality TV curse itself can all contribute to the end of a relationship. Despite their split, Molly-Mae and Tommy’s journey will remain an iconic part of “Love Island” history, reminding us that even the most adored couples face challenges in the real world.

Challenges of Parenthood

The Challenges of Parenthood for Molly-Mae and Tommy

The arrival of their daughter Bambi may also have contributed to the breakdown of Molly-Mae and Tommy’s relationship. While welcoming a child into the world is an exciting experience, it can also bring about significant changes that likely contribute to a strain on their relationship.

  • Solo Parenting: Molly-Mae revealed she had been “solo parenting” for extended periods while Tommy was away for work commitments. In a vlog posted just days before their breakup announcement, she said, “I have been solo parenting pretty much the entire week. Actually, I’ve been solo parenting for like, two weeks now, basically because Tommy’s just been so busy.”
  • Work-Life Balance: The couple struggled to balance their careers with parenting responsibilities. Tommy was often away due to his boxing career and other commitments, such as recording an audiobook. This left Molly-Mae feeling overwhelmed as she tried to juggle her own work and caring for their daughter Bambi.
  • Emotional Strain: Molly-Mae openly discussed feeling emotionally challenged by parenthood. She admitted, “I just feel like at the minute I’ve been struggling a little bit, which is fine, I feel like with motherhood some stages are easier than others.” This emotional strain likely impacted their relationship.
  • Differing Lifestyles: As their relationship progressed, it appeared that Molly-Mae and Tommy were leading increasingly different lifestyles. Molly-Mae’s focus shifted more towards parenting, while Tommy’s career demands kept him away from home frequently.
  • Intimacy Issues: Molly-Mae had been candid about challenges in their intimate life post-baby. She revealed that she and Tommy hadn’t had sex for 11 months after the birth of their daughter, which could have added strain to their relationship. In fact, it has been widely reported that Tommy may have been unfaithful, with reports claiming he was seen kissing another woman in a nightclub and that Molly-Mae suspects he cheated multiple times. However, Tommy has strongly denied these cheating allegations through his representatives, calling them “false” and “horrifying.”These challenges highlight the complex realities of parenthood, especially for young couples in the public eye. The pressures of balancing careers, personal lives, and parenting responsibilities proved to be a significant test for Molly-Mae and Tommy’s relationship.

Cultural Differences & Traveller Traditions

Cultural Differences and Traveller Traditions

Tommy Fury is a Traveller, a cultural group in the UK with unique traditions and customs that they pass down from generations. His background and upbringing may have shaped his views on relationships, marriage, and family life, which could have created some tension in his relationship with Molly-Mae Hague, potentially contributing to their breakup such as:

  • Traditional Gender Roles: In Traveller culture, men are often seen as providers while women are expected to take care of the household and children. This traditional view on gender roles may have clashed with Molly-Mae’s more modern outlook on relationships.
  • Educational Values: Traditionally, many Traveller children may leave formal education after primary school to learn practical skills from their families. This practice can lead to differing views on education compared to mainstream society. Molly-Mae expressed concerns about traditional Traveller attitudes towards education. She stated that their child not going to school was “absolutely non-optional” for her, contrasting with some Traveller traditions where children may leave formal education early.
  • Family Size Expectations: Tommy, in keeping with his family traditions, expressed a desire for “around 10 kids.” However, Molly-Mae insisted they wouldn’t have more than three children, indicating a significant difference in family planning views.
  • Parenting Approaches: Tommy expressed a desire to raise their daughter “the way I have been brought up. The old fashion way, the right way.” This traditional approach seemed to conflict with Molly-Mae’s more modern parenting ideas.
  • Cultural Identity: Molly-Mae pointed out that their daughter would only have “one quarter Traveller blood,” suggesting she might have been downplaying the influence of Tommy’s cultural background.

These cultural differences, rooted in Tommy’s Traveller background, seem to have created fundamental disagreements about important life decisions such as education, family size, and parenting styles. While initially, these differences may have been part of their attraction, they ultimately became points of contention that likely contributed to the strain on their relationship and eventual breakup.

Life After the Breakup

The split between Molly-Mae Hague and Tommy Fury marks a significant turning point in both of their lives, but as with any breakup, life goes on. For two people as successful and driven as Molly-Mae and Tommy, this new chapter may offer them opportunities for growth, both personally and professionally.

  • Molly-Mae’s Journey Forward:
    Molly-Mae has always been known for her resilience and strong work ethic, qualities that will undoubtedly help her navigate this challenging time. With her role as Creative Director of PrettyLittleThing and her influence in the fashion and beauty industries, she has a solid foundation to continue building her career. Moreover, Molly-Mae may also use this period to reconnect with herself and prioritize her own well-being. As she navigates life as a single mother, she may find solace in her close-knit circle of family and friends, who have always been a source of support for her.
  • Tommy Fury’s Path Ahead
    For Tommy, the end of his relationship with Molly-Mae could serve as a catalyst for him to refocus on his boxing career. As the younger brother of heavyweight champion Tyson Fury, Tommy has always had big shoes to fill, and this moment may push him to dedicate more time and energy to his training and matches. In addition to his athletic pursuits, Tommy may also explore other opportunities in the entertainment industry. His charisma and popularity could open doors for him in reality TV, modeling, or even acting, allowing him to build a multifaceted career. On a personal level, Tommy may use this time to reflect on his priorities and what he wants out of future relationships. As a young man with a demanding career, finding the right balance between his professional ambitions and personal life will be key to his future happiness.
  • Co-Parenting and Moving Forward
    Despite their breakup, Molly-Mae and Tommy will continue to be linked by their shared love for their daughter, Bambi. Co-parenting will likely be a central focus for both of them as they work together to provide a stable and loving environment for their child. Navigating co-parenting in the public eye will come with its challenges, but both Molly-Mae and Tommy have expressed their commitment to putting Bambi’s well-being first. They may choose to keep certain aspects of their co-parenting journey private, allowing them to shield their daughter from unnecessary public scrutiny.

    As they move forward, it’s possible that both Molly-Mae and Tommy will find new love and form relationships with others. Given their high profiles, any new relationship they enter will inevitably attract attention, but with the experience they’ve gained, they may approach future relationships with a greater understanding of what they need and want.

The breakup between Molly-Mae Hague and Tommy Fury is undoubtedly a significant moment in their lives, but it also marks the beginning of new opportunities and personal growth. As they each embark on their separate journeys, they will continue to captivate their fans with their resilience, determination, and ability to overcome challenges.

Separated with Children? Contact Us.

Deciding to separate if you have children, whether you have been together 2 years or 20 years, is never an easy decision. That’s why it’s important to have the support and guidance of an experienced family lawyer who can help you navigate this difficult process with care and compassion.

At Varghese Summersett, we understand the complexities of separation and are dedicated to providing personalized solutions tailored to your unique situation. Call 817-203-2220 to schedule a consultation with an experienced North Texas divorce lawyer.

Our lawyers make sure that every ending is a new beginning.

Varghese Summersett

Could Duct Tape Give Scott Peterson a New Trial?

The Laci Peterson case, which captured national attention in the early 2000s, remains one of the most controversial and debated criminal cases in recent American history. Scott Peterson was convicted in 2004 for the murder of his pregnant wife, Laci, and their unborn son, Conner. However, the case has been fraught with controversy, and this year the Los Angeles Innocence Project has taken up his cause and a judge is allowing additional testing of one piece of evidence.

The case has captured the current zeitgeist as two recent streaming documentaries bring it to new audiences. The first is a three-part Netflix documentary titled ‘American Murder: Laci Peterson.

The second is “Face to Face With Scott Peterson ,” which is available on Peacock.

The Evidence to be Re-Tested

The criminal defense team from the Los Angeles Innocence Project requested retesting of 14 pieces of evidence collected during the original investigation. However, a California judge allowed new DNA testing on only one item: a 15.5-inch-long piece of duct tape found on Laci Peterson’s pants. The tape, first tested in 2003, showed human DNA present but was not of sufficient quality to generate a profile.

Peterson’s attorneys argue that the tape could contain DNA that points to someone other than him as responsible for Laci’s death. They also theorize that Laci may have been kidnapped and murdered after witnessing a burglary across the street from their home.

The judge denied requests to test evidence related to the burglary.

Criticisms of Scott Peterson's Conviction

Criticisms of the Scott Peterson Conviction

In addition to being one of the most high-profile criminal cases of our times, it is also infamous for being based primarily on circumstantial evidence.

Lack of Physical Evidence

The highly publicized trial was marked by a significant lack of physical evidence. Despite the prosecution’s efforts to build a case against Peterson, the absence of direct physical evidence linking him to the crimes remains a contentious issue.

No Crime Scene

One of the most glaring weaknesses in the prosecution’s case was the inability to establish a crime scene. Despite an extensive investigation, no evidence of a violent crime was found in the Petersons’ home or vehicle. No blood, DNA, or other forensic evidence was discovered that could conclusively link Scott Peterson to the murders.

The prosecution was unable to determine where, when, or how Laci was killed, leaving many questions unanswered. This lack of a clear crime scene made it difficult for the prosecution to build a strong case against Peterson.

Inconclusive Forensic Analysis

The bodies of Laci and Conner were recovered from the San Francisco Bay in April 2003, but they were too decomposed to determine the exact cause of death. The forensic analysis of the bodies was inconclusive, and no weapon was ever recovered.

The prosecution’s theory about the use of Scott’s boat to dispose of the body was not supported by concrete evidence. While a hair was found on the boat that was later matched to Laci through mitochondrial DNA analysis, this evidence was disputed by the defense as unreliable. The prosecution’s case relied heavily on circumstantial evidence, which was not enough to prove Peterson’s guilt beyond a reasonable doubt.

The Condition of the Bodies

The bodies of Laci and Conner were recovered from the San Francisco Bay in April 2003, but they were in a state of advanced decomposition. Laci’s body was missing her neck, head, forearms, and one of her feet, while Conner’s body was intact but had tape on his neck with no associated injuries. The condition of the bodies made it impossible to determine the exact cause of death or the weapon used to kill them.

No Evidence of Wounds or Trauma

Forensic pathologist Dr. Brian Peterson testified that he could find no evidence of wounds or trauma on Laci’s body, and the prolonged submersion in the bay had swollen the body, making measurements inaccurate. The lack of physical evidence of violence or trauma on the bodies raises questions about the prosecution’s theory of the crime.

Inconclusive DNA Analysis

The prosecution’s DNA analysis was also inconclusive. The hair found in Scott Peterson’s boat was matched to Laci through mitochondrial DNA analysis, but this type of DNA is not as reliable as nuclear DNA and cannot provide a definitive match. The judge allowed the prosecution to use this evidence, but it was disputed by the defense as unreliable.

The Circumstantial Evidence that Convicted Scott Peterson

The case against Scott Peterson, convicted of murdering his pregnant wife Laci and their unborn son Conner, was built almost entirely on circumstantial evidence. While circumstantial evidence is permissible in court, it can be more easily challenged on appeal. In this article, we will examine the key pieces of circumstantial evidence that led to Scott Peterson’s conviction.

Scott’s Affair

The prosecution heavily emphasized Scott’s affair with Amber Frey as a motive for murder. The affair was presented as a key piece of evidence, suggesting that Scott was motivated to kill his wife to escape his marriage and pursue a relationship with Frey. However, infidelity, while morally reprehensible, does not necessarily indicate a propensity for murder.

Scott’s Behavior

Delayed Reporting of Laci’s Disappearance

One of the most significant concerns was that Scott Peterson did not immediately report Laci’s disappearance to the police. He claimed that he arrived home from fishing and noticed that Laci’s car was in the driveway, but she was not in the house. However, instead of calling the police, he took a shower, ate some leftover pizza, and then called Laci’s mother, Sharon Rocha, to ask if she had seen Laci.

Lack of Emotional Response

Scott Peterson’s emotional response to Laci’s disappearance was also seen as unusual. He was described as being calm and composed, which raised suspicions that he was not as concerned about Laci’s disappearance as he should have been.

Inconsistencies in His Alibi

Scott Peterson’s alibi for the time of Laci’s disappearance was also questioned. He claimed that he was fishing on the San Francisco Bay, but his story was inconsistent, and he was unable to provide a clear account of his activities.

Questions About the Peterson’s Dog

The prosecution presented the discovery of the Petersons’ dog, McKenzie, with its leash still attached as a key piece of circumstantial evidence in the Scott Peterson trial. However, this evidence is questionable and open to interpretation.

McKenzie was found wandering around the neighborhood with its leash still attached on December 24, 2002, the day Laci Peterson was reported missing. The prosecution argued that this suggested Laci was walking the dog when she was abducted or killed, and that Scott Peterson may have left the dog behind to make it look like an abduction.

However, there are alternative explanations for why McKenzie was found with its leash still attached, such as Laci letting the dog out of the house or someone else walking the dog. The prosecution’s argument relied on assumptions and inferences, rather than concrete evidence linking Scott Peterson to the crime.

The Burglary Theory: An Alternative Explanation for Laci Peterson’s Murder

The defense team in the Scott Peterson case has argued that an alternative theory, known as the burglary theory, was not adequately investigated or presented to the jury during the original trial. This theory suggests that Laci Peterson may have witnessed a burglary that occurred across the street from her home around the time of her disappearance and was subsequently killed as a result.

The Burglary Suspects

The burglary in question occurred at the Medina home, which is located across the street from the Petersons’ residence. The suspects, Steven Todd and Donald Pearce, were identified and cooperated with the police, providing alibis for the time of Laci’s disappearance. They also confessed to the burglary and returned the stolen property.

Despite their cooperation, the defense has argued that Todd and Pearce could have been involved in Laci’s murder. The theory suggests that Laci may have witnessed the burglary and confronted the suspects, who then killed her to silence her.

New Evidence and Witnesses

In recent years, new evidence and witnesses have come forward that support the burglary theory. For example, a jailhouse informant claimed that Todd had called him from inside the burglarized home and asked for help removing a heavy safe. Another informant stated that he had heard from multiple sources that Laci was killed by individuals associated with the Modesto Hardcore Skinheads, a group that was allegedly involved in burglaries in the area.

The Defense’s Argument

The defense team has argued that the burglary theory was not fully explored during the original trial and that new evidence and witnesses support this alternative explanation for Laci’s murder. They claim that the prosecution’s focus on Scott Peterson as the sole suspect led to a narrow investigation that ignored other potential suspects and theories.

The Prosecution’s Response

The prosecution has dismissed the burglary theory as “jailhouse rumors” and argued that there is no credible evidence to support this alternative explanation for Laci’s murder. They maintain that Scott Peterson is the sole suspect and that the evidence presented during the original trial was sufficient to convict him of Laci’s murder.

Other Potential Suspects

The defense has also pointed to other individuals who may have had motives to harm Laci. For example, there were reports of a stranger who was seen in the neighborhood on December 23, 2002, asking for money and potentially casing houses for burglaries. Additionally, there were witnesses who reported seeing a pregnant woman walking a golden retriever in the park, and some even witnessed the woman being harassed by two men.

However, these leads were not fully investigated by the police, and it is unclear whether they are relevant to Laci’s disappearance and murder.

Scott Peterson is currently serving a life sentence.
Scott Peterson is currently serving a life sentence.

Retesting DNA Evidence in the Scott Peterson Case: A New Development

The Los Angeles Innocence Project, a non-profit organization not affiliated with the national Innocence Project, has taken on the case of Scott Peterson, who was convicted in 2004 of killing his pregnant wife Laci and their unborn son. The organization has requested that the court allow for the retesting of DNA evidence in the case, citing new developments and potential inconsistencies in the original investigation.

New Court Filings

According to recent court filings, the Los Angeles Innocence Project has requested that the court release previously unreleased evidence in the case, including several unnamed witnesses who may have information about Laci’s disappearance and murder. The organization has also requested DNA testing on various pieces of evidence, including a bloodstained mattress found in a burned-out van near the Petersons’ home.

The Burglary Theory

One of the alternative theories presented by the defense is that Laci may have been killed or kidnapped by individuals involved in a burglary that occurred across the street from the Petersons’ home on the night of December 24, 2002. The Los Angeles Innocence Project has requested that the court release evidence related to this burglary, including police reports and witness statements.

The Van Fire

Another piece of evidence that the Los Angeles Innocence Project has requested is related to a van fire that occurred on Christmas Day, 2002, about a mile from the Petersons’ home. The van was found to have a bloodstained mattress inside, and the fire was determined to be deliberately set. The organization has requested DNA testing on the mattress and other items found in the van. The judge denied this request.

what's next for scott peterson

Courts’ Handling of Exoneration Claims Based on Improved DNA Testing

The development of more advanced DNA testing technologies has led to an increase in exoneration claims based on new or retested DNA evidence. Courts have handled these claims in various ways, reflecting the evolving understanding of DNA evidence and its limitations.

Courts have taken different approaches to handling exoneration claims based on improved DNA testing. Some have been more receptive to re-examining convictions in light of new DNA evidence, while others have been more cautious.

The decision to allow the duct tape to be retested reflects a willingness to reconsider the conviction in light of new DNA testing technologies.

The case continues to spark debate and remains a topic of intense scrutiny in legal circles. As new forensic techniques develop and potential new evidence emerges, the possibility of a new trial cannot be ruled out. However, any such development would need to overcome the high bar set for overturning a conviction, especially one that has stood for many years.

Ultimately, the Laci Peterson case serves as a stark reminder of the complexities inherent in the criminal justice system, particularly in cases that capture national attention. It underscores the importance of ensuring fair trials, thorough investigations, and the protection of defendants’ rights, even – and especially – in cases where public opinion may have already rendered its own verdict.

Varghese Summersett

Varghese Summersett has been recognized as one of America’s fastest-growing law firms, ranking No. 38 in the legal category on the 2024 Inc. 5000 list of the nation’s fastest-growing private companies.

Overall, the firm ranks No. 2126 on the Inc. 5000 list of fastest-growing private companies nationwide, with a three-year revenue growth of 247 percent. It placed 76th in the Dallas—Fort Worth area. The prestigious ranking, which was released on August 13, provides a data-driven look at the most successful companies within the economy’s most dynamic segment: independent entrepreneurial businesses.Inc. 5000 Rank

 

“We are honored to have made Inc. Magazine’s list of America’s fastest-growing companies for the second time in our 10-year history,” said Benson Varghese, founder and managing partner of the firm. “It’s especially rewarding to also be recognized as a fastest-growing law firm. We went from hanging a shingle in 2014 to becoming one of the largest and fastest-growing criminal defense, personal injury, and family law practices in North Texas, with multiple office locations. Each member of our firm was hand- selected for their expertise, dedication, and compassion. We are proud to be the law firm Texans turn to during their most challenging times.”

In 2018, Varghese Summersett also made the Inc. 5000 list, coming in at No. 782. The class of 2024 represents companies that have driven rapid revenue growth while navigating inflationary pressure, the rising costs of capital, and seemingly intractable hiring challenges.

“We have worked very hard to build a firm that is not only recognized for its legal expertise but also its commitment to client service and community impact,” said Anna Summersett, a named partner of the firm. “This achievement is a testament to the dedication of our entire team and the trust our clients have placed in us. As we continue to grow and scale, we remain focused on delivering the highest level of legal representation and making a positive difference in the lives of those we serve.”

For complete results of the Inc. 5000, including company profiles and an interactive database that can be sorted by industry, location, and other criteria, go to www.inc.com/inc5000.

“One of the greatest joys of my job is going through the Inc. 5000 list,” said Mike Hofman, the editor-in-chief of Inc. “To see all of the intriguing and surprising ways that companies are transforming sectors, from health care and AI to apparel and pet food, is fascinating for me as a journalist and a storyteller. Congratulations to this year’s honorees, as well for growing their businesses fast despite the  economic disruption we all faced over the past three years, from supply chain woes to inflation to changes in the workforce.”

The annual Inc. 5000 Conference & Gala,  honoring the companies on the list, will be held October 16 to 18 in Palm Desert, California. As always, speakers include some of the greatest innovators and business leaders of our generation.,

About Varghese Summersett

Varghese Summersett is a premiere personal injury , criminal defense, and family law practice in North Texas dedicated to helping people through life’s greatest challenges. Each division is comprised of highly experienced, award-winning attorneys committed to providing exceptional legal services. Varghese Summersett has been named a “DFW Favorite,” a “Best Place to Work,” a “Small Business of the Year,” and a “Best Place for Working Parents,” among numerous other accolades. The firm also has more than 1100 5-star Google Reviews. Learn more at versustexas.com.

More about Inc. and the Inc. 5000

Methodology

Companies on the 2024 Inc. 5000 are ranked according to percentage revenue growth from 2020 to 2023. To qualify, companies must have been founded and generating revenue by March 31, 2020. They must be U.S.-based, privately held, for-profit, and independent—not subsidiaries or divisions of other companies—as of December 31, 2023. (Since then, some on the list may have gone public or been acquired.) The minimum revenue required for 2020 is $100,000; the minimum for 2023 is $2 million. As always, Inc. reserves the right to decline applicants for subjective reasons. Growth rates used to determine company rankings were calculated to four decimal places.

About Inc.

Inc. Business Media is the leading multimedia brand for entrepreneurs. Through its journalism, Inc. aims to inform, educate, and elevate the profile of our community: the risk-takers, the innovators, and the ultra-driven go-getters who are creating our future. Inc.’s award-winning work achieves a monthly brand footprint of more than 40 million across a variety of channels, including events, print, digital, video, podcasts, newsletters, and social media. Its proprietary Inc. 5000 list, produced every year since its launch as the Inc. 100 in 1982, analyzes company data to rank the fastest-growing privately held businesses in the United States. The recognition that comes with inclusion on this and other prestigious Inc. lists, such as Female Founders and Power Partners, gives the founders of top businesses the opportunity to engage with an exclusive community of their peers, and credibility that helps them drive sales and recruit talent. For more information, visit www.inc.com.

Varghese Summersett Team Photo

Varghese Summersett

Fort Worth, Texas, has long been synonymous with the railroad industry. The arrival of the Texas and Pacific Railway in 1876 cemented Fort Worth’s position as a key transportation hub, transforming it from a frontier outpost to a thriving city. As a hub of rail activity, our city has seen its fair share of railway-related injuries and accidents. If you or a loved one has been injured in a railroad accident, here’s what you need to know from our Fort Worth railroad injury lawyer.

Today, Fort Worth remains a vital center for rail transportation. The city is home to several major rail yards and serves as a crucial interchange point for multiple rail lines. This strategic location has allowed Fort Worth to maintain its importance in the national rail network. Fort Worth consistently ranks among the top 20 cities in the United States for rail activity. The Dallas-Fort Worth metroplex, as a whole, is often considered one of the top 5 rail hubs in the country, with Fort Worth playing a significant role in this ranking.

Several major railroad companies have a significant presence in Tarrant County, including:

  • BNSF Railway: Headquartered in Fort Worth, BNSF is one of the largest freight railroad networks in North America.
  • Union Pacific Railroad: While headquartered in Omaha, Nebraska, Union Pacific has a substantial presence in Fort Worth and operates extensive rail lines throughout Texas.
  • Trinity Railway Express (TRE): A commuter rail line jointly owned by Dallas Area Rapid Transit (DART) and Trinity Metro, connecting Fort Worth to Dallas.
  • TEXRail: A commuter rail line operated by Trinity Metro, connecting downtown Fort Worth to Dallas/Fort Worth International Airport.

 

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What to do if you’re injured as a railroad worker

When a railroad worker is injured on the job, the process for seeking compensation is different from that of most other industries. This is primarily due to the Federal Employers Liability Act (FELA), which we’ll discuss in more detail later.

Here’s an overview of what should happen after a rail worker is injured:

Immediate Medical Attention

The worker should seek medical attention as soon as possible, even if the injury seems minor.

Reporting the Injury

The worker must report the injury to their supervisor or employer as soon as possible. Delay in reporting can potentially harm a future claim.

Investigation

The railroad company will likely conduct an investigation into the incident. It’s crucial for the worker to be cautious about what they say during this process. Consult with our lawyers before you give a statement related to a FELA claim.

FELA Claim

Instead of filing a workers’ compensation claim, railroad workers typically file a FELA claim against their employer. We recommend that you speak to one of our attorneys before you file your FELA claim.

Legal Representation

Due to the complexities of FELA claims, injured workers should seek legal representation to protect their rights and interests.

Tough cases call for the toughest lawyers.

Bases for Bringing a Lawsuit

Railroad workers may have grounds for a lawsuit under various circumstances, including:

  • Employer Negligence: If the railroad company failed to provide a safe working environment or proper training.
  • Equipment Failure: If an accident was caused by faulty or poorly maintained equipment.
  • Toxic Exposure: If workers were exposed to harmful substances without proper protection.
  • Repetitive Stress Injuries: Caused by the nature of the work over time.
  • Violations of Safety Regulations: If the company failed to comply with federal safety standards.

Understanding FELA Claims

Understanding FELA: Federal Employers Liability Act

FELA, enacted in 1908, is a federal law that protects and compensates railroad workers injured on the job. It’s crucial to understand FELA as it differs significantly from standard workers’ compensation laws:

Fault-Based System

Unlike workers’ compensation, FELA is a fault-based system. The injured worker must prove that the railroad company was at least partially negligent.

No Caps on Compensation

FELA doesn’t impose limits on the amount of compensation an injured worker can receive.

Broader Coverage

FELA covers a wider range of damages, including pain and suffering, which are typically not covered by workers’ compensation.

Statute of Limitations

FELA claims must typically be filed within three years of the date of injury.

Proving a Case Under FELA

To successfully prove a case under FELA, the injured worker (or their attorney) must establish the following:

  • The worker was employed by a railroad engaged in interstate commerce.
  • The injury occurred during the course of employment.
  • The railroad company was negligent.
  • The railroad’s negligence played some role in causing the injury, even if it was only slightly responsible.

The burden of proof in FELA cases is often described as “featherweight,” meaning that the plaintiff needs to show that the railroad’s negligence played any part, even the slightest, in producing the injury.

our bench is deep

How FELA Cases Are Unique

FELA cases are distinct from typical personal injury or workers’ compensation cases for several reasons:

Federal Law

FELA is a federal law, which means these cases can be tried in either federal or state courts.

Comparative Negligence

Under FELA, damages are reduced in proportion to the worker’s own negligence, if any.

No-Fault System

Unlike workers’ compensation, FELA is not a no-fault system. The injured worker must prove some level of negligence on the part of the railroad.

Potential for Higher Compensation

Because FELA allows for a broader range of damages and has no caps, potential compensation can be significantly higher than in workers’ compensation cases.

 

The Need for Specialized Legal Representation

Given the complexities of FELA and the unique challenges of railroad injury cases, it’s crucial to work with an attorney who understands this specific area of law. An experienced FELA attorney possesses in-depth industry knowledge, comprehending the railroad industry, its terminology, and common practices. They have the investigative skills necessary for FELA cases, which often require thorough investigation to prove negligence , enabling them to gather and present evidence effectively. Additionally, these attorneys have substantial negotiation experience, essential when dealing with railroad companies that often have teams of lawyers dedicated to minimizing payouts. A knowledgeable FELA attorney is also well-versed in the numerous federal regulations involved in these cases and can identify when these regulations have been violated. Lastly, if a case goes to trial, having an attorney comfortable with presenting complex technical evidence to a jury is invaluable.

Our lawyers are your compass in the storm.

Injuries Frequently Suffered by Railroad Workers

Railroad work is inherently dangerous, and workers can suffer a wide range of injuries. Some of the most common include:

  • Traumatic Injuries: Such as fractures, amputations, and crush injuries from accidents involving heavy equipment or moving trains.
  • Back and Neck Injuries: Often resulting from falls, lifting heavy objects, or the constant vibration associated with railroad work.
  • Repetitive Stress Injuries: Including carpal tunnel syndrome and tendinitis from repetitive motions.
  • Hearing Loss: Due to prolonged exposure to loud noises in rail yards and on trains.
  • Respiratory Issues: From exposure to diesel fumes, asbestos, or other harmful substances.
  • Burns: From fires, explosions, or contact with hot surfaces or chemicals.
  • Head Injuries: Including concussions and traumatic brain injuries from falls or struck-by accidents.

Types of Railroad Accidents in Texas

Texas, with its extensive rail network, sees various types of railroad accidents. Some of the most common include:

Train Collisions

Including train-to-train collisions and train-vehicle collisions at crossings.

Derailments

Often caused by track defects, equipment failure, or human error.

Yard Accidents

Occurring during switching operations or maintenance activities.

Pedestrian Accidents

When individuals are struck by trains, often at crossings or in rail yards.

Equipment Malfunctions

Leading to accidents during operation or maintenance.

Chemical Spills

Resulting from derailments or other accidents involving hazardous materials.

Common Causes of Rail Yard Accidents

Rail yards are particularly dangerous environments. Common causes of accidents in these areas include:

  • Improper Communication: Miscommunication between workers can lead to serious accidents.
  • Inadequate Training: Lack of proper training can result in workers making dangerous mistakes.
  • Fatigue: Long shifts and irregular hours can lead to fatigue-related accidents.
  • Equipment Failure: Malfunctioning equipment or poor maintenance can cause accidents.
  • Unsafe Working Conditions: Including poor lighting, uneven surfaces, or cluttered work areas.
  • Inadequate Safety Procedures: Failure to follow or enforce safety protocols can lead to accidents.
  • Weather Conditions: Extreme weather can create hazardous working conditions.

Conclusion

Railroad injuries can have devastating consequences for workers and their families. In Fort Worth, a city with deep ties to the railroad industry, understanding your rights under FELA is crucial if you’re a railroad worker or family member of one who has been injured on the job.

At Varghese Summersett, we have the experience and knowledge necessary to navigate the complexities of FELA claims. We understand the unique challenges faced by railroad workers and are committed to fighting for their rights. If you or a loved one has been injured while working on the railroad, don’t hesitate to reach out for a consultation. Your future may depend on having the right legal representation by your side.

Varghese Summersett

Overview of the Elena Rios Memorial Scholarship

Amount: $1000
Deadline: June 1, 2025

On February 16, 2024, Elena Rios, a mother of four and grandmother of 13, was tragically killed in a forklift accident at a north Fort Worth Walmart distribution center. Elena was a devoted mother, grandmother, sister, friend, and active member of the north Fort Worth community.

Varghese Summersett is honored to represent Elena’s family and, in her memory, has established the Elena Rios Memorial Scholarship, which will award a $1000 scholarship annually to a member of the Boys & Girls Club of Greater Tarrant County (BGCGTC).

The Boys & Girls Club is a non-profit organization close to our hearts. Ty Stimpso n, a partner at Varghese Summersett and the personal injury attorney representing Elena’s family, spent a lot of time at the BGCGTC – Don Kromer Branch in Arlington as a youth. 

Ty, the youngest of three siblings, was raised by a single mother who relied on the Club as a safe and supportive place for her son. Today, Ty serves on the BGCGTC Executive Board and recently initiated a partnership with Varghese Summersett and BGCGTC to host a Back-to-School Bash on August 10 to provide free school supplies to students.

These meaningful connections inspired us to create a scholarship in Elena Rios’ memory, that serves members of the Boys and Girls Club of Greater Tarrant County.

Eligibility for Elena Rios Memorial Scholarship

To be eligible, applicants must be:

  • An active member of the Boys and Girls Club of Greater Tarrant County
  • Ages 6-18 years old

Click Here to Apply for the Elena Rios Memorial Scholarship

Elena Rios Memorial Scholarship

Application Deadline

The scholarship application must be submitted by June 1, 2025. Applications submitted after that deadline will not be considered.

To check out our other scholarship opportunities, please visit versustexas.com/scholarships.

Varghese Summersett

Sexual Assault in Texas: A Comprehensive Guide

We have put together the most comprehensive guide on sexual assault in Texas. Allegations can come anytime as most of these offenses have no statute of limitations. We have successfully defended every level of sexual allegation, including “super aggravated” sexual offenses where the minimum punishment begins at 25 years in prison (no probation or parole). Our track record speaks volumes about our expertise and dedication to protecting our client’s rights and futures.

At Varghese Summersett, we pride ourselves on having multiple Board Certified Criminal Law Specialists on our team. This prestigious designation, awarded by the Texas Board of Legal Specialization, is the highest certification a criminal lawyer can achieve, demonstrating our commitment to excellence and in-depth knowledge of criminal law.

In this comprehensive guide, we’ll walk you through the various sexual offenses in Texas, providing crucial information to help you understand the charges, potential consequences, and how our experienced team can assist in your defense.

Sexual offenses in Texas are serious crimes with severe penalties. This guide covers the various sexual crimes, their definitions, punishment ranges, and registration requirements.

Quick Links

Sexual Assault
Aggravated Sexual Assault
Continuous Sexual Abuse of a Young Child or Children
Indecency with a Child
Sexual Performance by a Child
Online Solicitation of a Minor
Improper Relationship Between Educator and Student
Indecent Assault
Prohibited Sexual Conduct
Invasive Visual Recording
Possession or Promotion of Child Pornography
Trafficking of Persons
Compelling Prostitution
Sexual Coercion

Tough cases call for the toughest lawyers.

Sexual Assault

Definition: Non-consensual sexual penetration or contact. This includes:

  • Penetration of the anus or sexual organ without consent
  • Penetration of the mouth by a sexual organ without consent
  • Causing the sexual organ of another to contact or penetrate the mouth, anus, or sexual organ of another person without consent

Punishment: Second-degree felony, 2-20 years in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 10 years
Learn more about Sexual Assault

Aggravated Sexual Assault

Definition: This charge involves sexual assault plus aggravating factors such as:

  • Causing serious bodily injury
  • Attempting to cause death
  • Using or exhibiting a deadly weapon
  • Administering drugs to facilitate the offense
  • Assaulting a victim under 14 years old

Punishment: First-degree felony, 5-99 years or life in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: No statute of limitations
Learn more about Aggravated Sexual Assault

Continuous Sexual Abuse of a Young Child or Children

Definition: Committing two or more acts of sexual abuse against a child under 14 over a period of 30 days or more
Punishment: First-degree felony, 25-99 years or life in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: No statute of limitations
Learn more about Continuous Sexual Abuse of a Young Child or Children

Indecency with a Child

Definition: Sexual contact with a child under 17 or exposure of genitals to a child with intent to arouse or gratify sexual desire
Punishment:

  • By contact: Second-degree felony, 2-20 years in prison and up to a $10,000 fine
  • By exposure: Third-degree felony, 2-10 years in prison and up to a $10,000 fine

Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 20 years after victim’s 18th birthday
Learn more about Indecency with a Child

Sexual Performance by a Child

Definition: Employing, authorizing, or inducing a child under 18 to engage in sexual conduct or a sexual performance
Punishment:

  • Second-degree felony if child is 14-17
  • First-degree felony if child is under 14

Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 20 years after victim’s 18th birthday
Learn more about Sexual Performance by a Child

Online Solicitation of a Minor

Definition: Using the internet to communicate in a sexually explicit manner with a minor or to solicit a meeting with a minor for sexual purposes
Punishment:

  • Third-degree felony if child is 14-16
  • Second-degree felony if child is under 14

Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 3 years
Learn more about Online Solicitation of a Minor

Improper Relationship Between Educator and Student

Definition: Sexual contact between an educator and a student in the same school district
Punishment: Second-degree felony, 2-20 years in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 3 years
Learn more about Improper Relationship Between Educator and Student

Indecent Assault

Definition: Non-consensual touching of intimate parts or causing contact with bodily fluids for sexual gratification
Punishment: Class A misdemeanor, up to 1 year in jail and up to a $4,000 fine
Registration: No, not a registerable offense
Statute of Limitations: 2 years
Learn more about Indecent Assault

Prohibited Sexual Conduct

Definition: Sexual intercourse or deviate sexual intercourse with a close family member
Punishment: Third-degree felony, 2-10 years in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: 3 years
Learn more about Prohibited Sexual Conduct

Invasive Visual Recording

Definition: Recording or broadcasting an intimate area of another person without their consent
Punishment: State jail felony, 180 days to 2 years in state jail and up to a $10,000 fine
Registration: No, not a registerable offense
Statute of Limitations: 3 years
Learn more about Invasive Visual Recording

Possession or Promotion of Child Pornography

Definition: Possessing or promoting visual material depicting a child under 18 engaging in sexual conduct
Punishment:

  • Possession: Third-degree felony, 2-10 years in prison and up to a $10,000 fine
  • Promotion: Second-degree felony, 2-20 years in prison and up to a $10,000 fine

Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: No statute of limitations
Learn more about Possession or Promotion of Child Pornography

Trafficking of Persons

Definition: Trafficking a person for forced labor or sexual conduct
Punishment: First-degree felony, 5-99 years or life in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender if the offense involves sexual conduct
Statute of Limitations: No statute of limitations
Learn more about Trafficking of Persons

Compelling Prostitution

Definition: Forcing someone into prostitution, with harsher penalties if the victim is under 18
Punishment: First-degree felony, 5-99 years or life in prison and up to a $10,000 fine
Registration: Yes, lifetime registration as a sex offender
Statute of Limitations: No statute of limitations if victim is under 18, otherwise 3 years
Learn more about Compelling Prostitution

Sexual Coercion

Definition: Threatening to reveal intimate visual material to coerce someone into sexual acts
Punishment: State jail felony, 180 days to 2 years in state jail and up to a $10,000 fine
Registration: No, not a registerable offense
Statute of Limitations: 3 years
Learn more about Sexual Coercion


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Offense Definition Punishment Registration
Sexual Assault Non-consensual sexual penetration or contact. Second-degree felony, 2-20 years in prison, and up to a $10,000 fine. Yes, lifetime registration as a sex offender.
Aggravated Sexual Assault Sexual assault with aggravating factors. First-degree felony, 5-99 years or life in prison, and up to a $10,000 fine. Yes, lifetime registration as a sex offender.
Continuous Sexual Abuse of a Young Child Two or more acts of sexual abuse against a child under 14 over 30+ days. First-degree felony, 25-99 years or life in prison, and up to a $10,000 fine. Yes, lifetime registration as a sex offender.
Indecency with a Child Sexual contact or exposure of genitals to a child under 17. Second-degree or third-degree felony, depending on the act. Yes, lifetime registration as a sex offender.
Sexual Performance by a Child Inducing a child under 18 to engage in sexual conduct or performance. Second-degree or first-degree felony, depending on the child’s age. Yes, lifetime registration as a sex offender.
Online Solicitation of a Minor Using the internet to communicate sexually with or solicit a minor. Third-degree or second-degree felony, depending on the minor’s age. Yes, lifetime registration as a sex offender.
Improper Relationship Between Educator and Student Sexual contact between an educator and a student in the same school district. Second-degree felony, 2-20 years in prison, and up to a $10,000 fine. Yes, lifetime registration as a sex offender.
Indecent Assault Non-consensual touching of intimate parts or contact with bodily fluids. Class A misdemeanor, up to 1 year in jail, and up to a $4,000 fine. No, not a registerable offense.
Prohibited Sexual Conduct Sexual intercourse with a close family member. Third-degree felony, 2-10 years in prison, and up to a $10,000 fine. Yes, lifetime registration as a sex offender.
Invasive Visual Recording Recording or broadcasting an intimate area of another person without consent. State jail felony, 180 days to 2 years in state jail, and up to a $10,000 fine. No, not a registerable offense.
Possession or Promotion of Child Pornography Possessing or promoting visual material of a child under 18 in sexual conduct. Third-degree or second-degree felony, depending on the act. Yes, lifetime registration as a sex offender.
Trafficking of Persons Trafficking a person for forced labor or sexual conduct. First-degree felony, 5-99 years or life in prison, and up to a $10,000 fine. Yes, lifetime registration as a sex offender if involving sexual conduct.
Compelling Prostitution Forcing someone into prostitution, with harsher penalties if under 18. First-degree felony, 5-99 years or life in prison, and up to a $10,000 fine. Yes, lifetime registration as a sex offender.
Sexual Coercion Threatening to reveal intimate visual material to coerce sexual acts. State jail felony, 180 days to 2 years in state jail, and up to a $10,000 fine. No, not a registerable offense.

The best criminal defense lawyers don't let a single moment define your life.

Sexual offense charges in Texas are extremely serious and can have life-altering consequences. The complexities of these cases require the expertise of seasoned attorneys who understand the nuances of Texas law and have a proven track record of success.

At Varghese Summersett, we bring decades of experience, Board Certified expertise, and a relentless approach to defending our clients against sexual offense allegations. Our team of former prosecutors turned defense attorneys knows how to navigate the legal system, challenge evidence, and fight for the best possible outcome in your case.

Don’t let a sexual offense charge derail your life. The stakes are too high to face these allegations alone or with inexperienced counsel. Take the first step towards protecting your rights and your future.

Call us today at 817-203-2220 for a confidential consultation. Our team of expert criminal defense attorneys is standing by to provide the aggressive, strategic defense you need. Don’t wait – the sooner you involve experienced legal counsel, the better your chances of a favorable outcome. Your future is on the line – make the call now.

Varghese Summersett

When people are severely injured or killed in a negligent accident case, their loved ones are also deeply impacted. Life, as they knew it, will also never be the same. This is where the concept of “loss of consortium” comes into play in personal injury (PI) cases.

In Texas, loss of consortium claims recognize the intangible but significant losses that spouses and family members suffer when their loved one’s life is drastically altered or cut short due to someone else’s negligence. This includes the loss of companionship, affection, guidance, and support essential to a thriving family relationship. Understanding and pursuing a loss of consortium claim can help families receive the compensation they need to cope with these profound changes.

In this article, the personal injury lawyers at Varghese Summersett explain loss of consortium in Texas, including who can seek loss of consortium, examples of loss of consortium, and how to prove loss of consortium in a personal injury case in the Lone Star State.

Loss of Consortium in Texas PI Cases

Loss of Consortium in Texas Personal Injury Cases

In Texas personal injury cases, “loss of consortium” refers to the significant impact a catastrophic injury or wrongful death has on the family members of the victim, particularly the spouse. This type of claim addresses the non-economic damages experienced due to the loss of companionship, emotional support, and intimacy that the injured person provided before the accident. It recognizes that when someone is severely injured or killed due to another’s negligence, their family members suffer not just financially, but emotionally and relationally as well.

A loss of consortium claim in Texas may include:

  1. Loss of Companionship: The emotional and social support that the injured person provided.
  2. Loss of Affection: The physical affection and love integral to family relationships.
  3. Loss of Sexual Relations: The physical intimacy that can no longer be enjoyed due to the injury.
  4. Loss of Household Services: The contributions the injured person made to household tasks and daily life.
  5. Loss of Parental Guidance: For children, the absence of the injured parent’s care, guidance, and nurturing.

To pursue a loss of consortium claim, the claimant must demonstrate how the injury has negatively affected their relationship with the victim. This often requires detailed testimony and evidence of the pre-accident relationship dynamics compared to the post-accident situation. Compensation for loss of consortium aims to acknowledge and address the profound personal losses experienced by family members in the wake of a serious injury or death.

What is Loss of Consortium in Texas PI Cases?

Who Can Seek Loss of Consortium in Texas?

In Texas, the primary individuals who can claim loss of consortium in a personal injury case are:

  1. Spouses

  • Spouses can claim loss of consortium for both non-fatal injuries and wrongful death of their partner.
  • This covers loss of affection, companionship, emotional support, and sexual relations.
  1. Children

  • Children can claim loss of consortium only for “serious, permanent and disabling” injuries or death of a parent.
  • This covers loss of a parent’s love, affection, protection, emotional support, care, and companionship.
  1. Parents

  • Parents can claim loss of consortium only for the wrongful death of a child.
  • They cannot recover for loss of consortium for non-fatal injuries to a child.

It’s important to note that Texas law specifically excludes certain relationships from loss of consortium claims:

  • Siblings are not eligible to file loss of consortium claims.
  • Stepchildren and stepparents cannot file loss of consortium claims unless there has been a legal adoption.
  • Other relatives or friends are not eligible for loss of consortium claims.

These claims recognize the deep emotional and relational impact that a severe injury or death has on close family members, beyond the financial losses. To succeed in a loss of consortium claim, the claimant must provide evidence of how their relationship with the injured or deceased person has been adversely affected.

Loss of Consortium is a Non-Economic Damage

  • Loss of consortium damages are classified as non-economic damages under tort law . This means they are not easily quantifiable like economic damages such as medical expenses or lost wages.
  • They are designed to compensate for abstract losses related to relationships and companionship rather than direct financial losses.
  • Loss of consortium damages aim to compensate for the deprivation of family relationship benefits due to injuries caused by another party’s negligence.
  • These damages can include loss of affection, companionship, emotional support, sexual relations, protection, care, and other intangible benefits of close family relationships
  • In Texas, loss of consortium claims can be filed by spouses, children (for loss of parental relationship), and parents (only in cases of a child’s death).
  • Calculating loss of consortium damages is often complex and subjective, as these losses are more abstract than economic damages.
  • There is generally no cap on the amount that can be awarded for loss of consortium in Texas, except in medical malpractice cases where non-economic damages are capped

Loss of consortium is categorized as a non-economic damage in Texas personal injury law, aimed at compensating for the intangible losses to family relationships caused by injuries or death due to negligence.

What is Loss of Consortium in Texas PI Cases?

Examples of Loss of Consortium

Loss of consortium claims encompass a wide range of emotional and relational losses that occur when a loved one is severely injured or dies due to someone else’s negligence. Here are some examples of how loss of consortium can manifest in different family relationships in Texas:

Spousal Relationship

  • Loss of Companionship
    Example: A husband whose wife is paralyzed in a car accident may miss the companionship and shared activities they once enjoyed, such as going on walks, traveling, or dining out together.
  • Loss of Affection and Intimacy
    Example: A wife whose husband suffers a traumatic brain injury may experience a significant reduction in emotional and physical intimacy, affecting their marital bond and overall relationship.
  • Loss of Household Contributions
    Example: A spouse who relied on their partner for specific household tasks, like childcare, cooking, or home maintenance, may struggle with the added responsibilities and loss of shared duties.

Parent-Child Relationship

  • Loss of Parental Guidance
    Example: Children whose parent suffers a debilitating injury may no longer receive the same level of guidance, support, and nurturing they relied on for their emotional and moral development.
  • Loss of Parental Involvement
    Example: A child may feel the absence of a parent who can no longer participate in important life events, such as school activities, sports events, or family outings, due to their injury.

Child-Parent Relationship

  • Loss of Companionship and Support:
    Example: Parents whose child is killed in an accident experience profound grief and the loss of the child’s companionship, support, and potential future achievements and milestones.
  • Loss of Care and Assistance:
    Example: As children grow, they often contribute to the family’s emotional and practical support system. The loss of a child’s assistance with daily tasks or the emotional comfort they provide can be deeply felt by parents.

These examples highlight the diverse and significant ways that loss of consortium can affect family members. Recognizing and addressing these losses in a personal injury case helps to provide a measure of justice and compensation for the profound impact on family relationships.

What is Loss of Consortium in Texas PI Cases?

Factors Considered in a Loss of Consortium Claim

In Texas, calculating damages for loss of consortium claims involves several nuanced factors. These include the age and health of the injured party, the severity and long-term consequences of their injury, and the impact on their financial and household contributions. Here’s a look at factors that may be considered:

  1. Age and health of the injured party
  2. The severity of the injury suffered by the victim
  3. Long-term consequences of the injury
  4. Recovery time and reduced life expectancy of the victim
  5. Victim’s financial contributions to the marriage or family
  6. Contributions the injured party made to the household before the injury
  7. Changes in the marriage or family relationships after the injury
  8. Stability and length of the marriage (for spousal claims)
  9. Living arrangements before the injury
  10. Activities shared before the injury
  11. Individual contributions to the family (such as homemaking, providing income, etc.)
  12. Family relationships at the time of the accident (e.g., was there marital discord, how active was the parent in the child’s life)
  13. How active the romantic relationship was (for spousal claims)
  14. Whether the accident led to divorce
  15. The victim’s tendency regarding emotional support
  16. Whether the victim suffered a devastating and permanent injury or death

For children’s claims specifically:

  1. The child’s age
  2. The nature of the parent-child relationship
  3. The impact on the child’s development and emotional well-being

It’s important to note that calculating loss of consortium damages can be complex and subjective, as these losses are often more abstract than economic damages. An experienced personal injury attorney can help gather and present evidence to support the claim and determine an appropriate value based on the specific circumstances of the case.

What is Loss of Consortium in Texas PI Cases?

Proving Loss of Consortium in Texas Personal Injury Cases

To prove loss of consortium in Texas, you generally need to demonstrate the following:

  1. A valid family relationship existed (spouse, parent-child, etc.)
  2. The injury or death was caused by the defendant’s negligence or wrongful act
  3. The injury or death resulted in a loss of consortium
  4. The claimant suffered damages as a result of that loss

Some key factors considered when proving loss of consortium include:

  • The stability and length of the marriage/relationship before the injury
  • The living arrangements prior to the injury
  • Activities shared by the couple/family before the injury
  • Individual contributions to the family (e.g. homemaking, income, childcare)
  • Age, health and life expectancy of the injured person
  • Severity and permanence of the injury
  • Impact on intimacy, affection, companionship, emotional support, etc.
  • Changes in family dynamics and relationships after the injury

Evidence that may be used includes:

  • Testimony from the claimant about changes in the relationship
  • Testimony from family, friends, coworkers about observed changes
  • Medical records detailing the injuries and prognosis
  • Expert testimony on the impact to the relationship
  • Financial records showing changes in household contributions
  • Photographs or videos showing family activities before and after

The claimant will likely need to answer personal questions about the intimate nature of the relationship during depositions or trial testimony. An experienced personal injury attorney can help gather appropriate evidence and present a compelling case for loss of consortium damages.

Loved One Injured or Killed Due to Negligence? Contact Us.

If your loved one has been severely injured or tragically killed due to someone else’s negligence, you deserve compassionate support and experienced legal representation. At Varghese Summerset, we understand the profound emotional and relational impact these incidents can have on families. Our dedicated team is here to help you navigate your loss of consortium claim and fight for the justice and compensation you deserve. Don’t face this difficult time alone. Contact us today at 817-203-2220 for a free consultation.

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