When Do You File a Lawsuit in Texas?

There are numerous reasons why an individual may want to sue another party. Whether or not the individual actually has the legal grounds to bring a lawsuit in Texas, however, depends on many different factors.

Some cases are straightforward, such as serious motor vehicle accidents. There are others that may not be as clear, making you wonder, do you have a lawsuit, and do you need a lawyer?

In some situations, someone may appear to have grounds for a legal claim, but the set of facts in their situation are not strong enough to get past the initial phases of a legal claim. If this occurs, the case may be dismissed.

When an individual is wondering how to file a lawsuit in Texas, they should schedule a lawyer consultation in Texas. It is important to determine what type of lawyer an individual may need based on their legal issue or claim.

Examples of general legal claims and the types of attorneys who handle them can include:

• When you have a contract issue, you should consult with a business attorney.
• If you or a loved one have been the victim of a crime, you can seek criminal charges and you may also be able to sue them in civil court. In that situation, a personal injury lawyer can help.
• When you have any type of child custody issue, you should consult with a family law attorney
• If you have any issues or questions related to a will, trust, or estate, it is important to reach out to a wills, trusts, and estates attorney

Simply because an individual feels upset or angry about an issue does not always mean that the facts of the case will be enough to file a legal action. They will need to show that they suffered an injury, such as physical harm or financial loss because of the actions of the other party.

It is also important to make sure that the issue is appropriate to file in a civil court and does not have to be brought by a criminal prosecutor. If the case has to be handled in criminal court, the individual will need to report it to the proper authorities. Sometimes, when crime occurs, the victim can press charges and file a claim in civil court.

Do You Have a Viable Lawsuit Under Texas Law?

As noted above, it is important for an individual to consult with a Texas lawyer to determine if they have a viable claim in a court of law. One good place to start is being able to show that the plaintiff suffered an injury, which may be physical or financial.

In certain situations, the plaintiff may be compensated for an emotional injury. However, these are typically much more difficult to prove and may not be widely accepted.

The individual who the injured party wants to sue must have caused the injury. Another important factor is whether or not the plaintiff can show that they would be able to recover monetary damages.

How Long Do You Have To Sue Someone in Texas?

On average, it takes one to two years to fully resolve a legal claim. There are some steps that typically must be completed, such as:

• Determining whether or not to file a lawsuit and filing that within the statute of limitations, which is often two to three years from the date of an incident.
• Hiring a lawyer to handle the claim.
  • Sometimes, a lawyer may take time to try and settle the issue outside of court either before filing the claim in court or right after the lawsuit is filed.
• If the attorney cannot settle the issue, they may file a summons and complaint in court.
  • The defendant will then typically have around thirty days to respond.
• If the lawsuit is not dismissed, the parties enter the discovery process, which includes finding evidence, depositions, finding experts, and other necessary steps.
  • This portion of the process can take quite a bit of time.
• If the case is not settled before the set trial date, the case will go to trial.
  • The trial itself may take anywhere from days to months, depending on the case.
• After the trier of fact makes a decision, a party may be able to appeal the decision if they preserved that right.

Generally, the length of time it will take to sue another party in Texas depends on many different things, such as:

• The complexity of the applicable laws
• The types of laws involved in the case
• Whether the case is in state or federal court
• The procedural requirements of the specific case
• Whether an appeal is filed after the initial resolution

What Is an Impending Lawsuit in Texas?

In Texas, an impending lawsuit is a lawsuit that is imminent, meaning it is about to happen. This can happen when someone threatens legal action against another party.

A potential defendant may be aware that someone is considering filing a lawsuit against them, especially if they receive a letter from a lawyer. These types of letters can explain what the potential defendant can do to avoid having a lawsuit filed against them.

Are There Alternatives To Filing a Lawsuit in Texas?

Yes, there may be some available alternatives to filing lawsuits in Texas, depending on the circumstances of a case. These may include pretrial settlements, mediation, and other types of alternative dispute resolution (ADR).

Pretrial settlement

A pretrial settlement is when the parties to a lawsuit reach an agreement or an out-of-court settlement. These may be reached at any time during a case, even after a trial has started. Pretrial settlements can offer many benefits, including:

• Saving money
• Saving time
• Being certain of the outcome of the case
• Keeping the details of the case confidential
  • Trial verdicts become part of the public record, which may be detrimental to the reputation of an individual or business
• Having control over the outcome of the case
• Preserving relationships
  • Contentious trials can damage both personal and business relationships

Mediation

Mediation is a type of alternative dispute resolution (ADR) where the parties are assisted by a neutral third party to help them reach an agreement, if they can. This process typically uses a problem-solving approach instead of the adversarial approach that is typically used in court.

It is also an informal and voluntary process. There is no formal testimony and the rules of evidence used in court do not apply. This process is also typically quicker and cheaper than a trial.

Mediation can be helpful in many different types of situations, such as when:

• There is no need to establish a precedent
• The parties desire or need to maintain an ongoing relationship
• There is no single solution that is required
• Emotions, tensions, or transaction costs are high
• Parties have an interest in maintaining confidentiality
• Communication between the parties has broken down
• Time is a factor
• Failing to reach an agreement does not benefit one or more of the parties

Other types of alternative dispute resolution (ADR)

In addition to mediation, there are other types of alternative dispute resolution (ADR). One of these is binding arbitration, where an arbitrator makes a decision that is final and legally enforceable.

The advantages of using arbitration can include, but are not limited to:

• Privacy because there is not a public record of the proceedings
• Providing finality to the dispute
• Being faster and costing less than a formal trial
• There is flexibility in defining the location, rules, and timing for the process

Do I Need a Texas Lawyer?

If you are considering taking legal action against another party in Texas, it is important to consult with a lawyer in Texas. Your attorney will be able to evaluate whether or not you have a viable cause of action and can file a lawsuit in a Texas court.

Your lawyer can give you advice about the laws that apply to your claim and how they can affect your case as well as the possible remedies that may be available to you. It is easy and confidential to use LegalMatch to find a Texas lawyer near you who can help you determine if you can file a lawsuit.