How do I file a Personal Injury lawsuit?
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As an Austin Personal Injury Attorney a critical part of my job is filing a personal injury lawsuit? One of the most important parts of a personal injury case is filing the Petition. The Petition, also known as a Complaint in Federal Court, is what the plaintiff must file in court before the statute of limitations expires in order to initiate legal proceedings in the case. If you are in actively negotiating your case and the statute of limitation passes, the party that injured you is no longer responsible for compensating you because you did not file the lawsuit within the legally required timeframe.
The drafting of the Petition is critical in how the case progresses. A properly drafted Petition will allow you to progress through the case without the need to file an amended Petition, or risk the ability to not correct the Petition after the statute of limitation expires. Not only must the Petition contain “consist of a statement in plan” as required by the Texas Rules of Civil Procedure, but also the facts of the case and the Plaintiff’s cause of action. The cause of action is what the Plaintiff is suing for. This can be wide range of issues depending on your case. It is common for a case to have multiple causes of action that we file that revolve around the injury sustained by the plaintiff. This allows us to seek proper compensation for our client even the court later disregards one of the causes of action.
After the Petition is drafted we file it with the County Clerk, District Clerk, or in Federal Court depending on the proper venue for the case. The venue varies depending on where the parties reside, statutory requirements, and the value of the personal injury claim.
Of course, we understand that many of our clients do not want to go to have to file a lawsuit; unfortunately, in the current state of tort reform, it is often necessary to file a personal injury lawsuit in order to get the insurance company to take your case seriously. This also places the case on the path to trial. Many cases do not go to trial but by focusing on the case with the plan of going to trial it allows us to negotiate for you to be properly compensated. The first step in ensuring your case is taken seriously is properly preparing a Petition that is filed with the court.
If you would like to discuss your case with an Austin Personal Injury Attorney, call our office at 512-991-1111 for a free consultation.
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