What Are The Steps To Bringing A Lawsuit In Texas

Question:  “I’ve been injured and now have to sue the at-fault driver.  What steps will an attorney take to begin my case?”

If you have suffered damages at the had of another person in an auto accident and their insurance company refuses to offer you a fair settlement of your claim, you may have to sue them in order to recover damages and get justice.  Knowing the steps in filing suit may help you understand the legal process a little better.

Regardless of the situation, before lawsuit is filed, it’s strongly recommended that you seek an experienced personal injury attorney.  In most instances, your attorney should first try and settle your case without having to file suit.  If for whatever reason, you can’t come to terms with the opposing party and agree on a reasonable amount of compensation for your damages, then your attorney may recommend you file a suit.     

A suit begins by first identifying the Texas court where suit needs to be filed.  You must normally file suit in the county where the party that is being sued, that is the defendant, resides, or where the accident you are citing occurred.  The Texas Judicial System Directory is a great place to check when looking for the right courthouse.   Some jurisdictions allow you to e-file your complaint via the web.

Your complaint must have certain legal information.  This includes your complete name and address and that of each person your claim is against or the court will not be able grant a judgment against the defendant.

In addition you must include in your complaint the date the claim arose, a concise statement of the basis for your claim, the actual legal causes of action, the type and amount you intend to claim in damages, and any other relevant information.  Once your complaint is filed, the court will issue a summons.  The summons, which is either delivered by a law enforcement officer (such as a local sheriff deputy) or mailed to the defendant via certified mail, gives the defendant notice that a suit has been filed against him.  In addition, a copy of your complaint will be attached to the summons so the defendant will know why you (plaintiff) filed the suit.

Once your complaint is served, the defendant must file an answer before 10 o’clock a.m. of the Monday next after the expiration of 20 days from the date of service of the citation. 

 Most defendants usually will file a general denial which generally denies all of the plaintiff’s allegations.  If the defendant does not file an answer to the complaint, the court can enter a default judgment against him which constitutes admission by the defendant of the allegations in your complaint.  Once the lawsuit is filed, either party may begin the discovery process.  This is the process for collecting information about the case.  Both parties will send written questions to each other called Interrogatories as well as a request to produce certain documents, called Request for Production.  In addition, depositions may also be taken.  Depositions are an excellent opportunity to ask the opposing party or a witness questions under oath, and is the best way to preserve their testimony for trial.   If you are the plaintiff, you must usually respond within 30 days after service of the request.  After the discovery process is over, you will have a better idea about the facts of your case.  Generally, a mediation is scheduled with a certified Texas mediator.  We have used Austin Mediator Will Coates in the past and find him to be very reputable. 

If there is still no settlement, then trial commences and can be decided either by a judge alone, or with a jury to decide the facts and the judge to decide the law.  During trial, both parties will present their evidence and call witnesses to testify.  Once all witnesses have testified and all the evidence has been presented, the judge will give instructions about the law to the jury in a jury trial.  Please note that if there’s no jury, the judge considers all the evidence and reaches a decision.  If it’s a jury trial, the jury will hold secret deliberations and reach a verdict.

In a jury trial, the judge will “enter judgment” based on the jury’s verdict. The judgment states what relief, if any, the plaintiff is given. In a bench trial, the judge enters a judgment based on his or her decision. 

If you happen to be the losing party, please note that you have the option of appealing the decision.  Both parties have a right to appeal to a higher court if they think there was a legal error in the trial.

Because of the complexity with personal injury cases, you should consult with a qualified and competent Texas personal injury lawyer. A simple call puts you in contact with a committed, local attorney who will handle all aspects of your matter and work hard to help you get what you deserve.