Justia Lawyer Rating
Justia Lawyer Rating
National Bar Association
Fort Bend County Bar Association
State Bar of Texas
United States District Court of Southern Texas
Texas Supreme Court
Avvo Reviews Badge
Texas Bar College
Expertise Best Divorce Lawyers in Houston

How To File Personal Injury Lawsuit In Texas

If you were injured in an accident in Texas, you may be wondering what happens next. You need to understand how the process works before you start your claim. Who can sue? Can I sue someone else? Do I need a lawyer? How long will my claim take? These questions and many others are answered here.

You should always consult an attorney before filing any type of lawsuit. You may not be aware of all the laws surrounding your situation, and you might make a mistake that could jeopardize the outcome of the case. Also, there are many differences between states' laws, so you'll need to research what applies to your particular situation.

Who Can File a Personal Injury Lawsuit in Texas?

A wrongful death claim is filed when someone dies because of another person's negligence. Wrongful death claims are usually filed by family members of the deceased. If you were injured in an accident caused by someone else's negligence, you may be able to sue them for damages. You will need to prove that the other person was negligent and that your injuries resulted from that negligence.

A spouse is someone who shares your life with you. A parent is someone who gives you unconditional love and guidance. Children are someone who will always be there for you. If you lose any of them, you will never forget them.

What Compensation Can I Sue For?

In Texas, you have the right to receive financial compensation for any expenses you incur due to an accident. These expenses can cover a wide array of costs, including all future anticipated costs related to your accident. These costs may include Medical care related to your injury. Such future medical expenses may include follow-on surgery, physical therapy, and prescription medication for chronic pain.

If you were injured in an auto accident, you might receive compensation for medical bills, lost wages, pain and suffering, and other expenses related to your injury. You may also get compensation for any damage done to your car or other property. If you have a permanent disability because of your injuries, you may also get compensation for modifications to your home, like ramps or elevators. Finally, you may get money to help pay for your recovery, including payments for rest and healing.

If you were injured because of another person's negligence, you deserve compensation for your injuries. You may also be entitled to receive financial assistance through the government's workers' compensation system. However, there are many factors that could affect whether you will get paid for your injuries. For example, you may need to prove that the other party acted recklessly or negligently. You may also need to show that your employer had a duty to protect you from foreseeable risks. Finally, you may need to show that your injuries resulted from an incident that occurred during the course of employment.

Is There a Deadline for Filing a Lawsuit?

You have two years from the time of your accident to file suit. If someone dies, you have two years from the death to sue. There are exceptions to both of these deadlines, but they are rare. If you miss them, you may lose your chance at compensation.

Where Do I File a Lawsuit?

If you were injured in an accident, you may be entitled to compensation for your injuries. If you think you might be eligible for compensation, contact a personal injury lawyer in Houston today. You should not delay seeking legal representation because you may miss out on important deadlines.

In civil lawsuits, the presiding judge decides whether the plaintiff has a valid claim and what kind of lawsuit to pursue. If the presiding judge determines that the plaintiff has a legitimate case, he or she will assign the case to an appropriate court. A federal court will hear cases that involve violations of federal law, while a state court will hear those that involve violations of state laws. Cases involving more than $75K in damages must be heard in federal court because the amount of money at issue exceeds the jurisdiction of the local court.

In many states, there is a specific court that will hear cases involving a particular type of claim. For example, if you sue someone for defamation, you could file your lawsuit in either state or federal court. However, if you were suing someone for breach of contract, you could only file your lawsuit in state court. You cannot file a lawsuit in both state and federal courts at the same time.

A lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC, will help you figure out what type of lawsuits you need to file. If you have an injury due to someone else’s negligence, you may need to file a personal injury suit. You may also need to file a product liability suit if you were injured because of a defective product. A lawyer can help you determine whether you should sue the manufacturer or distributor of the product. Contact us today for a free consultation.

How Does the Process Work?

If you decide to sue the other driver, you'll need to gather evidence in support of your claim. You'll want to conduct an in-depth investigation to determine whether the other driver was at fault for causing your accident. This is because the evidence in support of a claim can help strengthen your case. For example, evidence can include accident reports, medical records, inspection reports, and witness statements.

You'll also need to write a demand letter outlining how much money you believe the other driver owes you to compensate you for your losses. This letter usually outlines what type of damages you're claiming and when you expect the other driver to make payment. If the other driver doesn't pay within the specified time period, you'll have the option of suing the other driver in court.

In some cases, the other driver may file a lawsuit in response. This is called a counterclaim. Counterclaims are typically filed in response to a complaint or demand letter. However, it's important to note that a counterclaim isn't always filed in response to a demand letter. Sometimes, a counterclaim is filed before any legal action is taken.

If the defendant doesn't respond to the complaint letter within 30 days, the plaintiff will file a motion asking the judge to issue an order requiring the defendant to pay all costs and fees incurred by the plaintiff. If the defendant still does not respond after receiving the order, the plaintiff will ask the judge to hold the defendant in contempt of court. If the defendant continues to ignore the court orders, the plaintiff will ask for sanctions against the defendant. Sanctions could include monetary penalties, jail time, fines, or other punishments.

Prepare your case for trial - If you and your opponent cannot resolve your dispute amicably, then prepare your case for trial. The discovery phase is the first step in this process. During this time, each side will share information that may help them win the case.

What Happens if My Lawsuit Goes to Trial?

If your case goes to trial, you may need to hire an attorney to help you through the process. You will likely receive a bill at the end of the case. If you win, you'll get paid. If you lose, you may owe money to the other party. Your lawyer should explain all of your legal rights and responsibilities during the course of the trial.

Appeal the case to a higher Court. If a Judge and/or Jury rules in favor of the Defendant, the Plaintiff can also choose to appeal to a higher court. Appeals must be filed within 30 Days of a Judge or Jury's Decision in Texas.

Client Reviews
Selecting an attorney can be one of the most difficult decisions a person has to make. In what seems like an overwhelming sea of attorneys who do you choose? Are they qualified, compassionate, and are they willing to fight for you without compromising their integrity? When faced with this decision in 2016 I received this and more when I retained Rahlita Thornton as my attorney. Since 2016 she has represented me on several court cases and I've never been disappointed. She is well versed and very knowledgeable on many aspects of the law. Attorney Thornton and her staff work diligently to ensure no stone is left unturned and justice is served. When I was crippled with fear, bullied, and felt like giving up she was my voice. She is highly recommend and I'm truly blessed to have her in my life. TTW
It was a divine power that drove me to call. There are ton of lawyers online but I knew this attorney was the one for me. C.B., Divorce Client
Attention & communication is very good when working with this professional legal team. They are here to help you whenever questions arise and explain details as they go. Thank you for taking the time to accept my case & working with me. P.L.