Practice Areas

Starting A Lawsuit

Litigation starts when an attorney drafts and files a document, called an Original Petition, with the appropriate court. A choice is made as to which court system to file in since the U.S. has a state and a federal court system. Most injury cases are filed in the state court system. Sometimes you'll have a choice as to which county in Texas to bring the suit, since you are able to file a lawsuit in either the county where the accident occurred or in the county of the negligent person's residence. The attorney also has to decide whether to file the suit in county court or district court, which usually have different jurisdictional limits.

The injured person (the one who is suing) is called the Plaintiff. Once the Plaintiff's attorney pays a filing fee and files the lawsuit at the courthouse, a court clerk issues a Citation which is attached to the Original Petition and served upon the person or company responsible for the injury, called the Defendant. When the Defendant has been served, his or her lawyer has approximately 30 days to file an Answer with the Court. This period gives the Defendant time to forward the lawsuit to his or her insurance company so that legal representation can be obtained. Once the insurance company lawyer files an Answer with the Court, the lawsuit is off and running.

Free Consultation

Contact the Anderson Law Firm online, or by calling 817-294-1900 for a free consultation on your rights.