Where Should You File Your Lawsuit?

Filing a civil lawsuit can be the best move you could make for you and your family’s future. When someone else’s negligence results in an injury to your or a loved one, you can and should take advantage of your right to sue. The first step toward seeking compensation for a civil tort, or wrongdoing, is knowing where to file your claim. Since there are several rules and guidelines for filing this type of claim in Houston, feel free to contact an attorney for assistance at any time.

Local laws can affect a personal injury claim. Therefore, the plaintiff must file the claim within the proper county. State laws protect defendants from having claims against them in inconvenient courts. The correct district is typically the one in which the defendant resides or does business, or the one where the accident took place. Once the plaintiff identifies the correct district, he or she must find the right venue. The venue will depend on the type and value of your claim. Retain a lawyer if you need help with this process (called “forum shopping”).

Most civil lawsuits take the form of state court claims; however, some cases must only go to federal courts. For example, a case that names the United States as a party, or a case involving a violation of a federal law would both go to federal courts. Note that different deadlines apply to federal cases compared to state cases.

According to Texas Rules of Civil Procedure Rule 500 , a “small claims case” is one for “money damages, civil penalties, or the recovery of personal property” that amounts to no more than $10,000, including attorney’s fees but not court costs. If your claim falls under this category, you will file with the Harris County Small Claims Court, in the Justice of the Peace Courts. The lawsuit will begin with the filing of a Petition, in writing. The Petition must state the following:

The plaintiff must make copies of the petition in the amount necessary to serve each defendant named. There is a Small Claims Court filing fee of $34. The plaintiff must make the statement of the claim under oath, by appearing in person before the Justice of the Peace or by filing a sworn Small Claims Petition with the clerk of court. It costs $75 to process a Small Claims case in Harris County. If your claim falls outside the parameters of Small Claims Court, you will need to file with the Justice Court. Your Petition will have the same requirements as the Small Claims Petition.

The post Where Should You File Your Lawsuit? appeared first on GES Injury Attorneys.