When you’re injured in an accident, you may assume that any insurance coverage you have—health, auto, or otherwise—will take care of your bills without strings attached. But if another party is responsible for your injuries, your insurance company may seek repayment through a process known as subrogation.

In Texas, subrogation in personal injury cases can significantly impact the amount of compensation you receive. In this article, the personal injury attorneys at Varghese Summersett explain subrogation, how it could impact your settlement, and why an experienced attorney is vital in subrogation matters.

What is Subrogation in Personal Injury Claims in Texas?

Subrogation is a legal right that allows an insurance company to seek reimbursement for money it has paid on your behalf from a third party who is legally responsible for your loss. In the context of a personal injury case, this typically means your insurer wants to be paid back from the compensation you receive—either through a settlement or a court award.

Here’s a common example: Suppose your health insurance pays $15,000 in medical expenses after you’re injured in a car accident. Later, you receive a $100,000 settlement from the at-fault driver’s insurance company. Your health insurer may then assert a subrogation claim to recoup the $15,000 it paid for your treatment.

When an insurance company exercises its right of subrogation, it essentially steps into your shoes to pursue repayment from the person or party that caused the harm—most often the at-fault driver or their insurer. The primary goal is to shift the financial burden back to the responsible party and recover the funds the insurer advanced on your behalf, which may include medical bills, property damage, or other covered losses.

Subrogation can take different forms depending on the circumstances. Sometimes, the insurance company goes directly after the at-fault party or their insurer. However, more commonly, the insurer asserts its subrogation rights against you, the injured party, by placing a lien on your legal recovery. That means when you receive compensation, a portion of it may be earmarked to reimburse your insurance company for the expenses it already paid.

While this process helps ensure that the party at fault ultimately bears the financial responsibility, it can reduce the amount you actually take home from your settlement. That’s why it’s important to understand how subrogation works and how it may impact your personal injury recovery.

How Subrogation Works in Personal Injury Cases

Subrogation in personal injury cases comes into play after you receive medical care and your insurance company pays your bills. If a third party is liable for your injuries, your insurer may notify you of its intent to pursue subrogation. Once you receive compensation from the at-fault party—either through a settlement or court award—your insurer may demand reimbursement for the amount it paid on your behalf.

This is common in:

• Car accidents
• Truck accidents
• Slip and falls
• Workplace injuries with third-party liability

Subrogation typically occurs behind the scenes, but it can delay the disbursement of your settlement funds if not handled properly. In some cases, your attorney may need to negotiate with the insurer to reduce the reimbursement amount, especially if the total settlement is insufficient to cover all of your damages. Failing to address subrogation claims early in the process can lead to unexpected deductions and complications when it comes time to receive your share of the compensation.

Types of Insurance that May Assert Subrogation Claims

Several types of insurance carriers may have subrogation rights:

• Health Insurance: Private health insurers often include subrogation clauses in their policies.

• Auto Insurance: If your policy includes Personal Injury Protection (PIP) or Medical Payments (Med Pay), your auto insurer may seek reimbursement.

• Workers’ Compensation: If you were injured on the job due to a third party’s negligence, the workers’ comp insurer may subrogate.

• Government Programs: Medicare, Medicaid, and TRICARE have subrogation rights under federal and state law. These liens must be satisfied before funds can be disbursed.

Subrogation vs. Reimbursement: What’s the Difference?

While often used interchangeably, subrogation and reimbursement are distinct legal concepts—each with unique implications for personal injury claimants.

Subrogation occurs when your insurance company steps into your legal shoes and asserts a right to recover money from the party responsible for your injuries. In this scenario, the insurer may file a claim or take legal action directly against the at-fault party or their insurer to recoup the amount it paid on your behalf. You are not necessarily involved in the pursuit, but your insurer is acting based on your legal right to recovery.

Reimbursement, on the other hand, typically involves your insurer seeking repayment from you—specifically, from the settlement or court award you receive. Instead of pursuing the at-fault party directly, the insurer asserts a right to be paid back from your financial recovery. This often takes the form of a lien on your personal injury settlement.

In Texas, courts may treat these concepts differently depending on a number of factors, including the language in your insurance policy, the type of insurance plan involved (such as private insurance vs. an ERISA-governed plan), and applicable state or federal laws

Do I Have to Pay My Insurance Company Back?

If your insurer has a valid subrogation clause in your policy, the answer is usually yes. Ignoring a subrogation claim can result in legal action or delays in the release of your settlement funds.

However, the amount owed can often be reduced through negotiation, especially if:

• Your recovery is limited.
• You were not made whole.
• Your attorney assisted in securing the settlement.

How Subrogation May Affect Your Settlement

Subrogation can take a sizeable bite out of your settlement—and if you’re not prepared, the final amount you receive may be much less than you anticipated. When your insurance company asserts a subrogation claim, they are seeking repayment for the benefits they provided during your treatment. This repayment typically comes directly from your personal injury settlement or court award.

Let’s break it down with a simple example:

Settlement Breakdown Example:

• Total Settlement: $75,000
• Attorney’s Fees (33%): $25,000
• Subrogation Lien: $20,000
• Net to Client: $30,000

In this scenario, although the headline settlement amount is $75,000, your actual take-home amount is only $30,000 after legal fees and the insurer’s lien are paid. That can be a surprising and disappointing outcome for many injury victims who were counting on a larger recovery—especially if the settlement also needs to cover future care, lost wages, or non-economic damages like pain and suffering.

Fortunately, an experienced personal injury attorney can play a crucial role in protecting your recovery. Attorneys often negotiate with insurance companies to reduce subrogation liens, arguing factors such as the extent of the injury, the limited size of the settlement, or the degree to which the insurer benefited from the attorney’s efforts. In many cases, these negotiations can result in substantial reductions, putting more money back in your pocket.

It’s also worth noting that some liens—particularly those from government programs like Medicaid or Medicare—are governed by specific statutes and procedures. These require careful handling to avoid delays or legal complications, making skilled legal representation even more important.

Can Subrogation Claims Be Negotiated?

Yes—subrogation claims can, and often should, be negotiated. In many personal injury cases, your attorney can work to reduce the amount your insurance company seeks to recover, ultimately increasing your net settlement. Several legal doctrines come into play when evaluating and negotiating subrogation claims.

The Made Whole Doctrine (Texas Law)

Under Texas law, the Made Whole Doctrine holds that an insurer generally cannot enforce its subrogation rights unless the injured party has been fully compensated—or “made whole”—for all losses, including medical expenses, lost wages, and pain and suffering. In other words, your insurer typically has to wait its turn until you are completely reimbursed for your damages.

However, there’s an important caveat: this doctrine can be contractually waived. Many insurance policies—especially those governed by federal ERISA law—include language that explicitly overrides the Made Whole Doctrine. If the plan waives this protection, the insurer may be entitled to reimbursement even if you have not been fully compensated.

The Common Fund Doctrine

Another important principle is the Common Fund Doctrine, which may require your insurer to share in the cost of recovering the settlement. If your attorney’s efforts resulted in the financial recovery from which the insurer wants repayment, the insurer may have to reduce its lien by a proportionate share of your legal fees. This ensures that the burden of legal costs isn’t unfairly placed solely on you while the insurer benefits from the outcome.

Bottom Line
Subrogation claims are rarely set in stone. A knowledgeable personal injury attorney can evaluate your case, scrutinize the insurance plan language, and apply these doctrines to negotiate a more favorable resolution—helping you keep more of your settlement where it belongs: in your hands.

What Happens if I Ignore a Subrogation Claim?

Ignoring a subrogation claim is risky and can have serious financial and legal consequences. If you fail to address the claim, the insurance company may file a lawsuit against you to recover the money it paid, potentially dragging you into costly litigation. In some cases, they may delay or block the disbursement of your settlement until the lien is resolved. If the claim involves government benefits—such as Medicare or Medicaid—noncompliance can trigger penalties, interest, or even future benefit denials. Resolving subrogation claims promptly helps protect your recovery and ensures compliance with both legal and contractual obligations.

Tips for Dealing with Subrogation in Personal Injury Cases

Navigating a personal injury claim is challenging enough without the added layer of subrogation. Yet, understanding and addressing subrogation early in the process is essential to protect your financial recovery. Insurance companies are often quick to assert their rights to reimbursement, and if you’re not careful, a large portion of your settlement could end up going back to your insurer. Fortunately, with proactive steps and the right legal guidance, you can minimize the impact of subrogation on your case.

Here are some key tips to help you manage subrogation effectively:

• Hire a personal injury attorney early. Subrogation claims can be legally complex and full of fine print. An experienced attorney knows how to interpret insurance policies, apply relevant legal doctrines, and negotiate reductions.
• Request a copy of your insurance policy. Review it carefully, or have your attorney do so, to identify subrogation clauses or language that waives protections like the Made Whole Doctrine.
• Keep track of medical bills. Maintain detailed records of all medical expenses paid by you or your insurer. This documentation is crucial for validating or disputing a subrogation lien.
• Don’t settle without addressing subrogation. Before finalizing any settlement, ensure all subrogation claims have been identified and negotiated. Failing to do so can lead to legal action or withheld funds.

By staying organized, informed, and proactive, you can avoid costly mistakes and reduce the amount you may owe back to your insurer. Partnering with a knowledgeable personal injury attorney ensures that subrogation is handled properly—giving you the best chance of maximizing your settlement and moving forward with peace of mind.

Why a Personal Injury Attorney is Crucial in Subrogation Matters

Subrogation can significantly reduce your final settlement if not properly addressed. That’s why having an experienced personal injury attorney is essential. At Varghese Summersett, we take a strategic, proactive approach to protect your financial recovery. Our attorneys:

• Carefully analyze insurance policies for subrogation and reimbursement provisions
• Aggressively negotiate lien reductions with insurers and benefit providers
• Challenge improper, overstated, or unenforceable subrogation claims
• Ensure full compliance with Texas and federal laws, including ERISA and Medicaid/Medicare regulations

We’ve helped countless clients maximize their settlements by tackling subrogation issues head-on—before they become costly obstacles.

How Varghese Summersett Can Help

At Varghese Summersett, we understand that every dollar matters after a serious injury. Subrogation isn’t just legal jargon—it’s a critical part of the settlement process that can directly impact your financial future. We don’t just explain how subrogation works—we actively work to minimize its effect on your recovery.

If you’ve been injured and are concerned about how subrogation could affect your case, we’re here to help. Call us today at 817-203-2220 for a free consultation. Our team will fight to ensure you keep as much of your settlement as possible, so you can focus on what truly matters: healing and moving forward.

On April 2, 2025, a devastating incident during a high school track meet in Frisco left a community in mourning and raised difficult questions about youth violence and the fragile line between rivalry and real-life consequences.

Austin Metcalf, 17, a beloved student-athlete at Frisco Memorial High School, was fatally stabbed in the chest in front of teammates, family members, and spectators. The accused: another 17-year-old student, Karmelo Anthony, from Frisco Centennial High School. The fatal confrontation unfolded under Memorial’s team tent in the stands at Kuykendall Stadium—a place where spirited cheers suddenly turned to chaos and sorrow.

In this article, the experienced criminal defense attorneys at Varghese Summersett break down the tragic events, the criminal charge Anthony is now facing, and the legal defenses that may be raised under Texas law—including the concept of self-defense.

The Track Meet Murder: What Happened?

According to news reports and public documents, Anthony was seated near or under the Memorial High School tent when Metcalf asked him to leave because he didn’t go to their school. The situation escalated when Anthony allegedly became aggressive, reached into his bag, and warned, “Touch me and see what happens.” When Metcalf reportedly either pushed, touched, or grabbed Anthony to make him move, Anthony allegedly pulled out a black knife and stabbed him once in the chest.

Metcalf collapsed in the arms of his twin brother, Hunter Metcalf, who tried desperately to save his life by applying pressure to the wound. CPR was administered by athletic trainers, and EMS rushed him to the hospital, but he was pronounced dead shortly thereafter.

Anthony fled the scene, but was quickly apprehended. In his initial statements to police, he admitted to the stabbing, saying, “I’m not alleged—I did it,” and questioned whether his actions could be considered self-defense.

He is now charged with first-degree murder and is being held in Collin County Jail on a $1 million bond.

Austin Metcalf: A Life Lost Too Soon

Austin Metcalf was more than just a student—he was a star athlete and a role model. The 17-year-old linebacker, recently named MVP of his football team, was known for his integrity, leadership, and a 4.0 GPA. He dreamed of playing college football and had a promising future ahead. His death has left the community, especially his twin brother Hunter and his parents Jeff and Meagan Metcalf, utterly heartbroken.

A GoFundMe campaign supporting the Metcalf family has raised hundreds of thousands of dollars, a testament to the widespread grief and support from across Texas and beyond.

Karmelo Anthony: Now the Center of a Legal Firestorm

Karmelo Anthony, also 17, was a junior at Frisco Centennial High School. Described by classmates as quiet, he attended the track meet to support his school team, but he did not compete.

Since the incident, his name has become synonymous with a tragic moment that has gripped the Frisco community and ignited debate over intent, provocation, and the right to self-defense. Now facing a first-degree murder charge, Anthony’s fate lies in the hands of the criminal justice system—a sharp and sobering contrast to what should have been an ordinary spring day for two high school students.

What Constitutes Murder in Texas?

Under Texas Penal Code § 19.02, a person commits murder if they:

• Intentionally or knowingly cause the death of another person;
• Intend to cause serious bodily injury and commit an act clearly dangerous to human life that results in death; or
• Cause a death while committing or attempting to commit another felony (known as felony murder).

Murder in Texas is classified as a first-degree felony, punishable by 5 to 99 years—or life—in prison, along with a fine of up to $10,000. However, under certain circumstances, the charge may be reduced or reclassified, depending on factors like the defendant’s intent, mental state, and any applicable defenses such as self-defense or sudden passion.

What is Self-Defense in Texas?

Anthony’s legal team issued a public statement acknowledging the tragedy and asserting Anthony’s right to a fair and impartial legal process. It has been suggested that Anthony acted in self-defense, a claim that will be at the heart of the case.

Under Texas Penal Code 9.31 and 9.32, self-defense is justified when:

• The person reasonably believes force is immediately necessary to protect themselves from another’s use of unlawful force;
• Deadly force is necessary to prevent death, serious bodily injury, or certain violent crimes;
• The person did not provoke the incident and was not engaged in criminal activity.

To succeed, Anthony’s legal team must prove that he:

• Reasonably believed he was in imminent danger;
• Used proportional force in response;
• Did not provoke the altercation;
• Was legally present and not engaged in a crime at the time.

Challenges to the Track Meet Murder Self-Defense Claim

Prosecutors will likely argue that Anthony’s use of a knife—deadly force—against an unarmed teen during a verbal and minor physical dispute was excessive and disproportional. Further complicating the self-defense claim in the track meet murder:

• Witnesses report that Anthony was the one sitting under Memorial’s tent and may have escalated the confrontation with threatening words.
• One account suggests Anthony opened his bag first, reached inside, and issued a warning—actions that could be viewed as provocative.
• Moreover, there is no indication that Metcalf had a weapon or made any overt threats beyond trying to remove Anthony from a restricted area.

Other Possible Legal Outcomes in the Track Meet Murder

While Anthony is currently charged with first-degree murder, Texas law may allow for lesser offenses if supported by evidence including:

• Manslaughter: Involves recklessly causing death. If Anthony’s lawyers can prove he didn’t intend to kill Austin but acted recklessly in a heated moment, this could reduce the charge.
• Criminally Negligent Homicide: Applies when death results from negligence rather than intentional or reckless conduct. However, the use of a knife makes this charge less likely.
• Aggravated Assault with a Deadly Weapon: This charge may apply if Anthony is found to have caused serious bodily injury with a knife but without intent to kill. Since Metcalf died, however, the state opted for a murder charge.

Possible Defenses for the Track Meet Murder

Karmelo Anthony’s legal team may raise several key defenses in the fatal stabbing of Austin Metcalf:

1. Self-Defense
   Anthony has already suggested that he acted in self-defense after being physically confronted by Metcalf. Under Texas law, the use of deadly force is justified if a person reasonably believes it is immediately necessary to prevent serious harm. His attorneys will argue that he perceived an imminent threat and responded accordingly. However, the prosecution may contend that using a knife against an unarmed teen was excessive and that Anthony may have provoked the encounter.

2. Lack of Intent
   To secure a murder conviction, prosecutors must prove Anthony acted intentionally or knowingly to cause death. His defense may argue the stabbing was a panicked, impulsive reaction—not a deliberate act—which could support a lesser charge such as manslaughter or aggravated assault.

3. Sudden Passion
   If convicted of murder, Anthony’s attorneys could seek a reduced sentence by claiming he acted in “sudden passion”—an intense emotional response to provocation. If accepted, this could reduce the charge from a first-degree to a second-degree felony, significantly lowering the potential prison term.

Ultimately, the strongest defenses likely center around self-defense and lack of intent. If convicted, his legal team may seek leniency by presenting sudden passion as a mitigating factor during sentencing.

The Broader Legal and Social Impact

The track meet murder has sparked a media firestorm, polarized public opinion, and generated substantial online misinformation, including fabricated police documents. The Frisco Police Department and FBI are actively investigating these fake posts.

Two crowdfunding campaigns reflect the divided public response. While the Metcalf family’s fundraiser has exceeded a quarter of a million dollars, Anthony’s legal defense fund briefly reached $140,000 before being taken offline.

A Community in Mourning and Uncertainty

As both families prepare for a long legal battle, the Frisco community continues to grieve. For Austin’s family, no legal outcome will bring their son back. For Anthony’s family, the fight for justice and understanding has just begun. The track meet murder case is far from over—and the legal questions it raises will continue to evolve as new facts emerge and court proceedings unfold.

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

Texas House Bill 4806,  and its companion Senate Bill 30, seeks to significantly alter how personal injury claims are handled in the state. The bill, if passed, would implement substantial changes to how damages are calculated, what evidence can be presented in court, and how medical expenses are reimbursed in personal injury cases.

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

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

Key Provisions of House Bill 4806

1. Restrictions on Medical Expense Recovery

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

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

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

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

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

2. Caps on Non-Economic Damages

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

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

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

3. Changes to Admissible Evidence in Court

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

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

4. Proposed Changes to Liability Standards

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

5. Unanimous Jury Requirement for Non-Economic Damages

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

6. Prejudgment Interest Changes

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

Who Benefits from Texas House Bill 4806?

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

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

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

Who Opposes House Bill 4806 and Why?

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

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

How HB 4806 Could Impact Injury Victims

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

What Texans Can Do if They Oppose House Bill 4806

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

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

Varghese Summersett: Advocating for Injury Victims

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

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

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

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

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

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

What Is a Last Will & Testament in Texas?

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

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

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

What Are the Different Types of Wills?

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

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

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

3. Joint & Mirror Wills

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

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

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

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

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

Who Needs a Last Will & Testament in Texas?

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

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

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

What Happens If You Die Without a Will in Texas?

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

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

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

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

Can You Change or Revoke a Will in Texas?

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

• Creating a New Will

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

• Adding a Codicil

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

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

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

When Should You Update Your Will?

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

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

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

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

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

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

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

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

Estate planning is more than just paperwork—it’s about protecting your family, your legacy, and your hard-earned assets. At Varghese Summersett, we offer customized estate planning services designed to give you peace of mind. Attorney Michael A. Livens is a highly experienced estate planning attorney with a strong financial background. He specializes in wills, trusts, probate law, and asset protection strategies.

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

Speak to an Estate Planning Attorney Today

Your Last Will & Testament in Texas is one of the most important legal documents you will ever create—don’t leave it to chance. Without a valid will, Texas law—not you—determines who inherits your estate.

At Varghese Summersett, we ensure that your wishes are honored, your assets are protected, and your loved ones are cared for. Our estate planning attorneys will guide you through every step, making the process simple, efficient, and legally sound. Call 817-203-2220 to schedule a consultation today and take control of your legacy. We have locations in Fort Worth, Dallas, and Southlake.

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

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

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

What Constitutes Criminal Solicitation of a Minor?

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

The prosecution must prove three key elements:

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

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

Applicable Offenses: When Criminal Solicitation Becomes Especially Serious

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

The Corroboration Requirement: A Unique Legal Protection

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

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

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

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

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

What Is Not a Defense to Criminal Solicitation of a Minor

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

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

This means defendants cannot escape liability by claiming:

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

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

Offense Levels and Punishment

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

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

Criminal Solicitation vs. Online Solicitation

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

Sex Offender Registration Requirements

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

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

Accused of Criminal Solicitation of a Minor? Contact Us.

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

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

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