Texas Personal Injury Law

Statutes of Limitations: The amount of time you have to sue whoever caused your injury or damage.

• Personal Injury - 2 years
• Damage to Personal Property - 2 years
• Medical malpractice - 22 years from the date of discovery of the injury
• Legal malpractice - 2 years from the date of discovery
• Other professional malpractice -2 years

Where to Sue:

• Personal injury claims under $10,000 - Small Claims Court
• Personal injury claims $10,000 or more - County Constitutional Court or County Court at Law

How to Sue:

Small Claims Court:

• Forms:Visit the website for the small claims court in the county where you intend to file your personal injury suit.
• Where to file:Where the defendant resides.
• How to notify the defendant (service): The defendant should be personally handed the documents by a sheriff, constable, or a disinterested adult over 18 years of age. Alternatively, service can be made by certified or registered mail.
• Proving the defendant was notified:
• You must fill out and file proof of service, also called an Affidavit of Service, within 20 days of service.
• Attorneys:Lawyer representation at the trial is allowed.
• Appealing a small claim:The defendant and the plaintiff may appeal for a new trial when the amount in controversy exceeds $250.

Texas County Constitutional Court or County Court at Law: You should seek the help of a qualified Texas personal injury attorney for help. The forms and process for filing a personal injury suit can be intricate. Errors could cause you to have your claim dismissed, and could possibly even bar you from re-filing your case in the future.

• Forms: Summons, Personal Injury Complaint, and Civil Case Coversheet. Make copies for yourself, for the defendant, and for the court.
• How to File: Bring all the copies to the court clerk in the court where the defendant lives and pay a filing fee. The clerk of the court will stamp the copies.
• How to Notify the Defendant: The defendant should be personally handed the documents by a sheriff, constable, or a disinterested adult over 18 years of age. Alternatively, service can be made by certified or registered mail.

What to Do if You Are Being Sued:

• Time to respond to a Summons in Texas: 20 days.
• Consult a lawyer.
• If the injury is related to an incident that occurred at your home or business, contact your insurance company immediately. Your insurance company should provide a lawyer to represent you if you are covered for the claim.

What to Do if a Judgment Was Entered Against You:

If you do not respond to a summons and complaint, a judgment will be entered against you, meaning that the plaintiff wins. You will then be responsible to pay whatever the plaintiff claims you owe in damages.

• Time to Set Aside a Judgment in Texas:
• 10 days from the entry of default judgment
• 30 days to vacate, modify, correct, or reform the judgment

Seek the help of an attorney if a default judgment has been entered against you.

Ways to Collect Your Judgment:

• If you are successful in your Texas personal injury lawsuit, you may collect your judgment by putting a lien on the debtor's property, requesting the sheriff to take money directly from the debtor's bank account, or even by garnishing the debtor’s wages.
• Seek help from a qualified Texas debt collection attorney to collect your judgment.