08 December 2021
FILING A PERSONAL INJURY LAWSUIT – WHAT IS REQUIRED?
Every formal filing of a lawsuit, in Texas, that starts the case should contain at least the following items:
- It identifies the parties to the suit: Generally, your name will be listed as the “plaintiff” and the persons and/or companies that hurt you are listed as “defendants. “It will read something like “Your Name v. Defendant Name and/or Corporation.”
- It will state to the court and defendant, why you have a lawsuit: Where the wreck happened and where the Defendant has residence matters. You need underlying facts for why a court should consider your claim.
- It will give facts: In a common car wreck case, a few statements that the defendant improperly drove and struck you, will suffice. In addition, stating the date and location of the event are important.
- It will describe your legal basis for filing suit: In every personal injury case, there will be some allegation that the defendant was “negligent.” Negligence is a legal basis to sue someone.
- It will request money damages from the defendant: The lawsuit should explain what type of financial damages you are seeking and what they are based upon. Lost wages, medical bills, pain and suffering, mental anguish and physical disfigurement are common personal injury damage claims.
- Timing of Suit and Service are Critical: The rights that a person has to bring a personal injury suit in Texas are critical to timely filing a suit. While most negligence claims are governed by a two-year statute of limitations, some cases have shortened time frames, where a governmental entity, like a State, County, Municipal or City agency or worker is responsible. If you file your suit late, or fail to follow proper procedures outlined in the law, your claim may be legally, invalid.
Understanding the Texas Rules of Evidence and Procedure are critical to giving your case the greatest chances of success. Proper presentation of facts and evidence to support your claim, is what a lawyer does for you. If you are considering filing a lawsuit, call our office at 713-888-0080 and let a personal injury attorney and dedicated staff help you in your pursuit of justice. No fee unless we collect money damages for your case.