Civil Lawsuits In Texas | What To Expect
Civil lawsuits always begin with a disagreement regarding whether someone can and should be held liable for their wrongful or illegal actions. The actions of the defendant, or sometimes inactions, must have caused the plaintiff to suffer some form of economic or non-economic damages.
Unlike criminal cases, civil cases seek compensation and aim to deter unsafe practices from occurring in the future. But, the litigation process is very complex here in Texas, and many people are unfamiliar with all that is involved. A person’s point of reference for court proceedings is often a television show or series, which is very inaccurate. For one thing, less than 1% of filed cases here in Texas actually go to trial. However, this does not mean that the procedural aspects that follow the filing of a civil lawsuit are unimportant. In fact, the stages of a civil lawsuit can strengthen or eliminate a rights of a plaintiff in obtaining compensation.
What Is A Civil Lawsuit?
A civil lawsuit is a legal action taken by an individual who received damages from another party that allegedly violated a civil or constitutional law. The litigation process begins when the injured party, or the plaintiff, files a claim with a civil court against the defendant. Plaintiffs come in a variety of different forms such as businesses, governmental entities, organizations, or individuals.
If you are a plaintiff, it is important to consider consulting an attorney to guide you in each step of the civil litigation process as it can be complicated and confusing for those that are not familiar with the law. To obtain a free consultation about the details of your case with an experienced lawyer, call (866) 434-0014 or complete our online form and a member of our team will contact you immediately.
Common Types of Civil Litigation Cases In Texas
Some common types of civil litigation cases include disputes over property ownership, unfulfilled contracts, injury liability, intellectual property, child custody, and more. Civil litigations vary greatly between each other, as there are a variety of different plaintiffs with unique circumstances and injuries. When a plaintiff files an official lawsuit against a defendant, a legally binding document is made that ties the two parties together until a resolution is reached by the court.
Personal Injury Claims
Personal injury claims are among the most common types of civil litigation claims due to the frequency with which accidents occur because of another person’s negligence. These accidents can happen just about anywhere including workplaces, private properties, hospitals, or in publicly owned spaces. Some examples of common personal injury claims include:
Auto and motorcycle accidents
Medical malpractice
Dog bites
Slip and fall accidents
Product liability
Construction accidents
Negligent Security
Wrongful Death
Mass Tort Claims
Non-Subscriber Injury Claims
Contract Disputes
A contract dispute happens when one of the parties in a contractual agreement disagrees with the meaning of a term in the contract or disagrees with how the other party is performing their contractual responsibilities. This can happen if terms have vague meanings, duties are not upheld, one party manipulates the other to sign the contract or modifications of the contract are made without the consent of both parties. Contract disputes often require the opinions of legal professionals to be resolved, and sometimes must be taken to court if other methods do not work.
Equitable Claims
An equitable claim is a lawsuit made by a plaintiff against someone whose actions or performances have infringed on their rights in such a way that monetary compensation is not enough. The plaintiff’s goal is usually to obtain a court order or injunction against the defendant to prevent them from repeating their harmful behavior or to get the court to establish a declaration that provides clarity about their rights. To make an equitable claim, a plaintiff must have “clean hands,” meaning they must be entirely innocent within the dispute.
Class Action Suits
A class action suit is a legal action initiated by an individual, known as the lead plaintiff, on behalf of a group of people who have suffered harm or experienced similar losses from the same entity. The lead plaintiff has the authority to represent those who are not present in court and those who may not be aware of the damages they received from the defendant. Class action suits typically occur when a manufacturer or corporation creates a product or service that harms those who use it irreparably.
Divorce and Family Law Disputes
Civil litigation often comes in the form of a dispute that involves child custody, spousal support, marital property, divorce, adoption, and any other matters that relate to familial relationships. These cases are usually handled in family court, where the judge makes a binding decision to protect the children of the parents involved or fairly distribute property assets. Civil litigation attorneys are valuable for family law disputes because they can navigate the legal and emotional aspects of the case to ensure all rights are protected and all losses are compensated for.
Property Disputes
A property dispute is a legal discordance regarding the utilization, possession, or parameters of real estate or other property types. Property disputes typically center around determining ownership of specific portions of land and deciding each party’s responsibilities for its use. The opinion and decision of a legal professional are required with things such as property lines, inheritances, agreements, titles, zonings, or easements, especially when the matter is unclear.
The Civil Litigation Process in Texas
If you or someone you love has suffered at the hands of someone else’s negligence or bad intentions, you have the right to file a civil litigation against them to receive compensation for your loss. Civil litigation is considered non-criminal because the goal of the case is to receive monetary compensation or peace of mind over a dispute rather than locking away a person who has committed criminal actions. Every case has specific rules that apply to the unique circumstances of both the defendant and the plaintiff, so it is important to seek legal counsel with a professional before making any binding decisions. To speak with an experienced attorney in Texas, call (866) 434-0014 or fill out our online form today.
Uncontested Claims
An uncontested claim is when a legal issue is settled without any dispute either because both parties agreed to the outcome or one of them did not respond to the matter in the required timeframe. Uncontested claims typically get resolved fairly quickly since there is no need to use time-consuming methods such as negotiation, meditation, or litigation to contest the claim. To make an uncontested claim legally binding, the parties must get their settlement reviewed and approved by a judge.
Contested Claims
A contested claim is a legal argument between two parties about the accuracy, monetary value, terms, or coverage of the claim. These kinds of claims begin when one party debates the other on a crucial aspect of the case with a defense statement or counterargument. Most contested claims require the assistance of a third party or a legal professional such as a lawyer or judge to be settled.
Lawsuits Against Government Officials
Governmental officials have protection from the Supreme Court that gives them immunity from specific types of civil lawsuits. The Federal Tort Claims Act allows a plaintiff to sue a governmental employee only if they can prove that they violated a constitutional right or acted unlawfully or negligently. A governmental official can also be sued if they are caught abusing their power or committing fraudulent acts. Complaints must be filed in the correct court depending on the damages received and the legal facts of the case. For example, if a governmental official violates your constitutional right, you would take the claim to a federal court instead of a state court because they specialize in those kinds of cases.
Animal-Related Cases
Animal-related cases revolve around the exploitation, physical harm, intentional abuse, custody, or medical malpractice of an animal. The law integrates case and statutory regulations that protect a variety of animals such as those that are raised for food, research, or entertainment purposes, and those that are pets or wildlife. For example, if an unrestrained dog bites someone and the owner is found liable for the injuries, this could be considered a personal injury animal-related case. Or if a veterinarian makes a damaging mistake or brings intentional harm to an animal while performing medical treatment on it. Animal law intersects with most traditional areas of law because of the versatility of the cases.
The Stages Of A Civil Lawsuit Here In Texas
Civil litigation can be broken into six main phases here in Texas. Each of these phases have key tasks that must be completed in order to protect the rights of each party involved in the lawsuit.
Pre-Suit
A legal action begins when one party writes a demand letter to the party they believe inflicted harm on them, requesting compensation for the damages sustained. The demand letter outlines the alleged liability of the defendant, the extent of the victim’s injuries, the intended claim, and the amount and type of compensation requested. If the attorney believes his or her client's damages exceed the amount of applicable insurance coverage, they would write a policy limits demand. If the pre-litigation efforts fail, the plaintiff's lawyer must draft a petition and file the case in State of Federal Court.
Pleading
Plaintiff counsel will file a complaint that outlines the identity of the defendant, the alleged grievances they caused, and the demanded initiation of a judge to rule over the case. Once the complaint is accepted, the court will notify the defendant of the lawsuit with an official summons letter that usually gives them 90 days to prepare themselves before they go to court. To avoid the risk of the plaintiff automatically winning the case, defendants must respond to the summons with a written answer.
Discovery
The discovery stage allows both parties to review the other’s evidence for their case by examining their witness testimonies, written documents, visual and audio recordings, and facts that will later be presented to the court. Depositions and subpoenas are taken from outside parties who were not involved in the case to provide factual information under legal oaths about the details of the case.
Pre-Trial
During the pre-trial, lawyers and plaintiffs strategize ways to win the case by analyzing evidence, thinking of legal actions to take, and coming up with solutions to possible accusations. Motions or requests are often made by both parties to the judge to incorporate or subtract certain elements of evidence of the case.
Trial
If a judge has ruled that the case needs a trial to be properly assessed and settled, both of the parties will be called to present their argument before the court. The trial process can take several months and sometimes even years to complete depending on how complicated the case is and the amount of legal procedures required. The facts of each side will be considered and then decided upon by the jury or judge once a verdict is reached.
Post-Trial
If a party loses, they have the opportunity to appeal the decision with the Court of Appeals so it can be reexamined for any errors or facts that were missed. If the court does find an issue with the ruling, it may overturn the conviction, modify the at-fault party’s sentence, or authorize a new trial.
How To File A Civil Lawsuit In Texas
The plaintiff files the initial document with the court. These petitions must include the names of both parties, the amount of money or damages being sought, a description of any personal property damaged, and the basis of the complaint. The actual claims, or “causes of action” are also listed on the formal complaint, and generally include allegations of negligence, gross negligence, respondeat superior, and strict liability. The receiving court also must collect the filing fee of the petition at this time. The defendant must be served with an issuance of a citation, which then provides the court jurisdiction over the defendant.
Discovery
Discovery is when both parties exchange evidence, information, and facts about their case so they are aware of each other’s stance on all matters regarding the claim. The purpose of discovery is to prevent a “trial by ambush,” ensuring that no party surprises the other by presenting undisclosed information that the other was unaware of. The methods used in discovery include interrogatories, depositions, and admission requests. In an interrogatory, a party creates written questions that are designed to get specific detailed answers from the other party for things such as descriptions, dates, injuries, and any other relevant facts. A deposition is similar to an interrogatory in design, but instead of written questions, a party provides an oral testimony that is usually recorded. Admission requests usually occur at the end of the discovery process and are used to get straightforward admissions or denials from a party.
Scheduling order
Early on in the litigation process, a scheduling order will be completed. This document is issued by the court and highlights the important deadlines that all parties must abide by. Some of the specific elements of a scheduling order include discovery deadline, motion deadlines, pre-trial for the disclosure of case experts and witnesses, and when all trial exhibits must be preferred. Violations of the timeframes set forth on the order can have devastating impacts on a litigant's ability to either pursue or defend the causes of action asserted in the original petition.
Settlement by Mediation
Judges here in Texas require that litigants attempt to reach an agreement regarding their civil dispute. This prevents the parties from incurring unnecessary expenses and reduces the court's docket of cases. Unless the parties entered into some form of a contractual agreement that requires the issues to be resolved through an arbitration proceeding, all parties will attempt to settle by mediation. In mediation, a mediator (often a prior judge or trial attorney) serves as a neutral party and aids by facilitating discussions and guiding parties toward a settlement agreement that both agree upon. If the mediation fails to resolve the dispute, the case will proceed to trial. Under the United States Constitution, either side can also exercise their right to have the case determined by a jury. If not, a judge will determine the result of the case.
Trial
A trial begins with opening statements from both parties that outline the arguments that they plan to prove along with their supporting evidence. This provides the court with an introduction to the main issues surrounding the case and establishes a clear distinction between the two parties. Next, testimonies are taken from third-party witnesses who share their perspectives and observations about certain aspects of the dispute, providing support to the party that they are defending. At the conclusion of the trial, closing statements are made by each party to highlight the evidence of their claim, the main points of their stance, and the weaknesses of the opposing party’s arguments. Closing statements are meant to provide a final recap on the most important points of the case to persuade the court to rule a certain way.
Judgment
After the trial, the jury will deliberate on all that was said and decide who is liable for the damages. The final decision is made by the judge, who makes a verdict based on the jury’s response. Once the verdict is made, a formal document will be drafted by the court clerk that summarizes the jury’s decision and outlines the liable party, the party who won, the amount of compensation that will be awarded to the winning party, and any court mandates that must be fulfilled. The methods of collecting compensation from the losing party vary based on the court’s ruling and the financial circumstances of the losing party.
When Should You File a Civil Lawsuit?
You should file a civil lawsuit as soon as possible after you are injured due to another party’s negligence. In Texas, the statute of limitations for most personal injury cases gives you 2 years from the day you were injured to file a civil lawsuit. However, the filing time limit can vary depending on the type of case, so you should check the Texas Civil Practice and Remedies Code to see how long you have to file.
What Is The Burden of Proof in Civil Cases Here In Texas?
The burden of proof in Texas is a requirement for plaintiffs to prove that their accusations are more likely than not true by more than 50%. Plaintiffs who pursue civil lawsuits must present clear and compelling evidence to the court that proves the defendant's actions contributed to their damages. Cases that involve more serious accusations like fraud may require plaintiffs to provide even more evidence than the 51% threshold rule.
Watch the Statute of Limitations In a Civil Lawsuit
You will need to watch the clock with the statute of limitations for the civil lawsuit you want to file, as the deadline may be closer than you think. Certain cases give plaintiffs less than a year to file a lawsuit. Once the deadline to file is over, you will no longer be able to pursue any charges or allegations against the opposing party. Filing a lawsuit promptly improves your chances of success, as it preserves evidence for your claim and gives you more credibility.
Do You Need a Lawyer for a Civil Case?
Yes, it is recommended that you have a lawyer to represent you in a civil lawsuit. While not required, representation can equip you with legal knowledge and guidance and improve your chances of winning a case. Civil lawsuits are typically filled with complicated legal jargon, difficult requirements, and emotionally charged disputes, that may overwhelm someone who does not have the help of a legal expert.
If you need the guidance of a lawyer to help navigate you through the complexities of a civil lawsuit, contact Sneed and Mitchell at (866) 434-0014. Our office is open 24/7 to discuss your legal rights and options.
Why We Have Civil Cases Here in The United States
Civil cases in the United States are designed to settle disputes between organizations, businesses, government entities, or individuals in a fair way that ensures all parties’ rights are protected. Instead of punishing the party liable for the infringement, civil cases demand they compensate the victim through monetary or equitable means. Civil cases seek solutions to problems to hold those responsible for another person’s damages accountable for their actions.
When You Need To Talk To An Attorney
You can always benefit from talking to an attorney if you think you need to file a civil lawsuit. But, there are some particular times when getting the advice from a lawyer is especially useful. For example:
Serious injuries or long-term injury with disfigurement. If the injuries you're experiencing are to the degree that you believe you might require a length rehabilitation plan. As an example, oftentimes victims know early on that may require extensive time off work, or the need of a surgical procedure. In these situations asserting your rights through a civil lawsuit can help cover the large medical or other types of losses that might occur in the future.
Cases where fault isn't as clear are also circumstances where contacting an attorney is important. A personal injury lawyer can help resolve any confusion and help determine who is at-fault and whether any additional parties may have contributed in causing your injuries.