If someone injured you in Texas, you can pursue a civil claim to recover medical costs, lost wages, and compensation for pain and suffering. This article explains, in plain language, the key steps to take and the legal framework that matters under Texas law.
Detailed Answer
1. Take immediate safety and medical steps
- Prioritize safety. Leave a dangerous situation and go to a safe place.
- Get medical care right away. Treating injuries documents a link between the assault and your harm.
- Make a police report. Criminal charges are separate from civil claims, but a police report can support your civil case.
2. Understand the legal basis in Texas
A civil claim after an assault is usually based on intentional torts such as assault and battery, or on negligence if applicable. Texas defines the criminal offense of assault under the Penal Code; that definition often guides civil claims. See the Texas Penal Code definition of assault: Tex. Penal Code §22.01.
Criminal prosecution and civil lawsuits proceed independently. A defendant can be convicted criminally and still face a civil suit, and vice versa.
3. What damages you can seek
- Economic damages: medical bills, future medical care, lost wages, property damage.
- Non-economic damages: pain and suffering, mental anguish, loss of enjoyment of life.
- Exemplary (punitive) damages: may be available in cases involving malice, fraud, or gross negligence. Texas law governs when and how exemplary damages can be awarded: Tex. Civ. Prac. & Rem. Code §41.003.
4. Watch the deadline (statute of limitations)
Most personal-injury and intentional-tort claims must be filed within two years from the date of the injury under Texas law. See the statute of limitations for such claims: Tex. Civ. Prac. & Rem. Code §16.003. Important exceptions and tolling rules can apply (for example, for minors or certain governmental defendants), so consult an attorney promptly.
5. Steps to prepare and file a civil claim
- Preserve evidence. Keep clothing, take clear photos of injuries and the scene, save text messages, social-media posts, and any object involved. Write a detailed timeline while memories are fresh.
- Collect witness information. Get names, phone numbers, and short written statements if possible.
- Obtain medical records and bills. Request copies of emergency-room notes, imaging, doctors’ notes, and invoices.
- Document economic losses. Save pay stubs, repair estimates, receipts, and proof of other out-of-pocket costs.
- Consider a demand letter. Before filing suit, an attorney often sends a written demand that describes the facts, injuries, and requested compensation. This can prompt settlement without a lawsuit.
- File a petition in the proper court. If settlement fails, an attorney files a petition (complaint) in the appropriate Texas civil court. The correct court depends on the claim amount and the issues involved; many personal-injury cases are filed in district court. If you are unsure which court applies, the county clerk or an attorney can help.
- Serve the defendant. The defendant must receive legal notice (service of process) of the lawsuit per Texas Rules of Civil Procedure.
- Engage in discovery. Both sides exchange information, ask written questions (interrogatories), request documents, and take depositions.
- Explore settlement and mediation. Many cases settle before trial. Mediation or settlement negotiations often occur after discovery.
- Take the case to trial if needed and then enforce a judgment. If you win at trial, you obtain a judgment. Collecting the judgment can require additional enforcement steps (writs, garnishment, liens).
6. Common defenses and issues
- Self-defense, defense of others, or consent may justify use of force and defeat or reduce civil liability.
- Comparative responsibility: if the injured person shares fault, Texas rules about fault allocation may reduce recovery. See Texas law on proportionate responsibility in civil cases for details.
If you are unsure about any step, contact a licensed Texas attorney quickly. An attorney can evaluate evidence, explain potential damages, and advise where to file and how to preserve claims.
Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Texas attorney.
Helpful Hints
- Act fast. Two-year deadlines commonly apply; don’t delay contacting an attorney.
- Preserve everything: clothing, photos, texts, social posts, and physical evidence.
- Get prompt, documented medical care—even if injuries seem minor at first.
- Do not post details about the incident or your injuries on social media.
- Ask witnesses for written or recorded statements and save their contact details.
- Keep a damage log with dates, bills, missed-work records, and other losses.
- Consider legal help early; many attorneys offer free initial consultations and work on contingency for personal-injury claims.
- Understand criminal vs. civil outcomes. A criminal case may help your civil claim but is not required to recover civil damages.