If you have been involved in an accident or suffered an injury due to negligence, you are likely wondering what your next steps are. What are my legal options? Do I need a Houston injury lawyer? How do I file a lawsuit in Houston?
Thomas J. Henry Law is here to help. This article will examine who can file a personal injury lawsuit, who can be sued for an accident or injury, and how to file a civil suit.
Who Can File a Lawsuit in Houston?
Under Texas law, any person over the age of 18 is able to pursue a personal injury claim in Houston. The party filing the lawsuit in a civil case is the Plaintiff.
Texas law also allows minors to seek compensation in the form of a lawsuit. However, they must be accompanied by a parent, relative, or “next friend” over the age of 18. The adult would also need to go to court with the minor if the case goes to trial.
Who Can Be Sued in a Personal Injury Lawsuit?
In Houston, a Plaintiff may sue any person, association, partnership, or corporation within the jurisdiction of the court where the lawsuit is being filed. The person or entity being sued would be the Defendant.
In some cases, your lawsuit may have multiple defendants. An example of this would be a truck accident lawsuit where both the driver and their employer share fault for your crash. You would name both defendants in the same lawsuit, seeking compensation that is equal to the share of fault they hold.
What Court Do I File My Lawsuit With?
Before suing someone in court, it is essential that you know which court to go to. This is where things can get more complex. It is also an area in which having an experienced injury attorney is essential.
Among other items, you will need to consider the dollar amount you are seeking and which court has appropriate personal jurisdiction and subject matter jurisdiction. Personal jurisdiction means the court has power over the defendant. Subject matter jurisdiction establishes the court’s power to hear the kind of case for which you are filing.
A Houston personal injury lawyer will be able to determine which court has appropriate jurisdiction for your case. They will also ensure your lawsuit is filed properly, preventing costly delays or other errors that could affect your claim.
What if the Defendant Agrees They Caused My Injuries?
When filing a personal injury lawsuit in Houston, your case will fall in one of two categories: contested and uncontested. Whether or not your case is contested will have a big impact on how your case is handled and what the overall process will look like.
Contested cases are those in which the Plaintiff and Defendant do not agree on what the outcome of a case should be. The Defendant can contest liability, facts of the case, the extent of your injuries, and what they should be financially responsible for. Understandably, these cases require a lot of work and should be prepared with the expectation of going to trial.
Even if the other side does not have a lawyer, you should definitely get one. Trials are complicated and there are a number of processes and procedures that need to be considered. Failure to follow these processes and procedures could prevent your evidence from being properly considered in court.
An attorney will also develop a strategy that demonstrates how you suffered your injuries, how the Defendant is responsible, and the value of the damages you have suffered. This is the best way to ensure you are fully and fairly compensated for your accident and injuries.
If your Houston lawsuit is uncontested, it means you and the Defendant agree on a desired outcome for your case but are using the court to make the agreement legally binding. Though uncontested lawsuits will generally take less work than a contested lawsuit, you should still consult with an attorney before signing any legally binding agreement.
If a Defendant seems overly eager to reach a settlement, it’s probably because they are low-balling you. A Houston personal injury attorney can review your accident and the details of your injuries and expenses to ensure you recieve a fair settlement that covers all the damages you have suffered.
How Do I File a Lawsuit Without No Money?
While the justice system is supposed to be accessible, court and litigation costs present major obstacles for some plaintiffs. This is especially true for an injured person facing unexpected medical expenses and lost wages.
At Thomas J. Henry Law, we understand this issue. We know that the majority of regular people cannot afford the expenses associated with a lawsuit. That is why we work on a contingency fee basis.
A contingency fee means our clients pay us nothing unless and until we win their case. There are no upfront retainers, nor will you need to pay an exorbitant hourly fee. Instead, we collect an agreed-upon percentage of your final result. What we make depends entirely on how much compensation we secure for you and your family.
We also front the litigation expenses as we handle your claim, and we can even offer cash advancements to help with your personal expenses on qualified cases.
Need to File a Lawsuit in Houston? Call Thomas J. Henry Law
If you are considering hiring a personal injury lawsuit in Houston, you need to call Thomas J. Henry Law. We have represented clients across Texas for more than 25 years, and we have the experience and resources to handle your claim with the care and dedication you deserve.
Our Houston personal injury attorneys are available 24/7 to hear your claim. Call now for your FREE Case Consultation with a qualified attorney.