Pre-Litigation Phase
The deadline in Texas for filing most personal injury lawsuits, generally two years from the date of the injury.
What is the statute of limitations?
The initial pleading filed with the court to formally start the lawsuit.
What is a petition?
This Texas Act outlines specific rules and a shortened notice period for filing a personal injury claim against a state or local government entity.
What is the Texas Tort Claims Act?
Medical bills, repair costs, and lost wages are examples of this type of damage.
What are economic damages?
The person or entity who has been injured and is bringing the lawsuit.
Who is the plaintiff?
A letter sent to the at-fault party's insurance carrier to inform them you are represented by counsel and formally notify them of the claim.
What is a letter of representation (LOR)?
The phase of the lawsuit where parties formally exchange information, documents, and sworn testimony through various tools.
What is discovery?
This rule dictates that a plaintiff in Texas cannot recover damages if they are found to be more than 50% at fault for the accident.
What is comparative negligence (or proportionate responsibility)?
Pain and suffering, mental anguish, and physical impairment are examples of this type of damage.
What are non-economic damages?
The person or entity being sued for causing the injury.
Who is the defendant?
The fiduciary duty of the attorney to keep the client's information private and secure.
What is attorney-client confidentiality or privilege?
A formal, sworn, out-of-court testimony of a witness or party, typically conducted in a lawyer's office or virtually.
What is a deposition?
A personal injury claim filed by an employee against their employer when the employer does not carry workers' compensation insurance.
What is a "non-subscriber" claim?
A claim placed on a personal injury settlement by a medical provider or health insurance company to recoup money they spent on the injured party's treatment.
What is a subrogation claim or medical lien?
The phase where the jury is selected (voir dire) and attorneys present their opening statements, evidence, and closing arguments.
What is trial?
The formal document summarizing the injury, treatment, bills, and legal arguments, sent to the insurance company to initiate settlement talks.
What is a demand package or demand letter?
A meeting with a neutral third party to facilitate settlement discussions before a trial. This process is often mandatory in Texas civil court.
What is mediation?
The specific legal theory used to hold a bar or restaurant liable for injuries caused by an intoxicated person they knowingly overserved alcohol
What is the Dram Shop Act (or claim)?
A claim for financial recovery for a permanent alteration of physical appearance.
What is physical disfigurement?
Failure to act with the level of care a reasonable person would use under the same circumstances; the basis for most personal injury lawsuits.
What is negligence?
The type of fee arrangement where the client pays the attorney only if the attorney successfully recovers money for the case.
What is a contingency fee agreement
A motion asking the judge to rule in a party's favor without a trial because there are no material facts in dispute.
What is a motion for summary judgment?
In Texas civil trials, a jury verdict does not have to be unanimous; this fraction of the jurors must agree on the outcome.
What is five-sixths (5/6)?
The specific type of damages awarded in cases of gross negligence or willful misconduct, intended to punish the defendant rather than compensate the plaintiff for a loss.
What are punitive or exemplary damages?
The legal obligation to exercise a reasonable standard of care to avoid injuring others.
What is duty of care?