How Does a Lawsuit Work in Texas?

A civil lawsuit in Texas generally follows a structured process, especially in personal injury cases like car accidents. The process typically begins when the plaintiff—the person seeking compensation—files an Original Petition. This document outlines the allegations against the defendant and may include multiple theories of recovery, such as negligence, gross negligence, or breach of contract. The petition also specifies the types of damages being sought, including past and future medical expenses, pain and suffering, mental anguish, lost wages, and loss of earning capacity. Once filed, the petition is served on the defendant, usually through personal service or certified mail.

After being served, the defendant—or their insurance company—has a set period to file an answer. Following this, the discovery period begins, which can last nine months or longer depending on the complexity of the case. During discovery, both parties exchange information, request documents, submit interrogatories, and may take depositions of witnesses or experts. This period allows attorneys to build their cases, evaluate evidence, and prepare for trial.

Once discovery closes, the case moves to trial, beginning with jury selection (voir dire). During trial, the plaintiff presents an opening statement, followed by their evidence and witnesses. The defense then presents their case similarly. Both sides give closing statements, and the plaintiff may have the opportunity for rebuttal. Afterward, the jury deliberates and issues a verdict.

It’s important to note that most personal injury cases never reach trial. Many are resolved through negotiation or settlement before filing or early in litigation. Having an experienced personal injury attorney is critical to navigating this process, minimizing costs, and ensuring the maximum compensation is obtained, whether through settlement or trial.