Filing a Lawsuit in Austin, Texas
If you are a resident of Austin, Texas and believe that somebody has committed a legal wrong against you, and have decided that the effort and expense involved in seeking compensation is worth it, you may consider filing a lawsuit.
If you think that you may want to file a lawsuit, you should not make this decision lightly, and there are a lot of factors that need to be taken into account. Obviously, you should never go into a lawsuit without at least consulting a knowledgeable Austin, Texas civil litigation attorney.
When you hire a civil litigation lawyer in Austin, Texas, they'll be able to give you some very useful advice, particularly in devising a strategy that maximizes your chances of winning your lawsuit. You'll probably also wonder how much this lawsuit is going to cost you, especially if you don't win. This largely depends on the attorney's fee structure. If the attorney charges an hourly rate, you will simply have to pay the lawyer for every hour they work. This can add up to a huge amount of money, very quickly. If they charge on a contingency basis, you do not have to pay any attorney's fees unless you win, and payment comes in the form of the percentage of the judgment. However, if you lose, you might still be responsible for costs, such as court fees, which are incurred no matter what happens to the case.
Steps for Filing a Lawsuit in Austin, Texas
Consultation With Your Attorney: Before filing any lawsuit in Austin, Texas, you should speak with a local attorney. Your Austin, Texas attorney will be able to advise you on the merits of your lawsuit, and your chances of success.
Drafting the complaint: In Austin, Texas, once you have decided to file a lawsuit, the first thing you typically have to do is draft a complaint. The complaint is a document that contains all of the allegations you're making against the defendant (the person whom you are suing). It typically must allege all of the facts necessary to constitute a cause of action, though in some systems, very few facts are strictly required to be alleged. It also normally has, at the end, a "prayer" (request) for relief. This final section tells the court what type of relief the plaintiff wants, should the court rule in the plaintiff's favor.
Serving The Defendant: After you draft your complaint, and file it with the court, you have to let the defendant know that they're being sued. The law of Austin, Texas requires that the defendant be given advance notice of the lawsuit as a matter of basic fairness: if you were being sued, you'd want to be given time to find a lawyer and prepare your defense strategy, right? So, with that in mind, the law prefers that defendants be served personally, usually through the use of a paid process server.
Awaiting the Defendant's Response: Once a lawsuit has been filed, and the defendant has been served in Austin, Texas, the defendant has time to respond. They typically do so by drafting an answer to the complaint, in which they deny the plaintiff's allegations, or assert a legal defense. If the defendant fails to respond within a set period of time, they will be in default, and you may be able to get a "default judgment" against them, in which all of your allegations against the defendant are treated as if the defendant admitted them, and you only need to establish that you've suffered losses that warrant the damages you're asking for.
Find a Austin Lawyer that Specializes in Your Area of Need:
How Can A Austin, Texas Tort Lawyer Help?
The basic outline above does not come close to covering all the details involved in filing a lawsuit in Austin, Texas.
Accordingly, it's always a good idea to speak with a Austin, Texas litigation attorney if you are contemplating filing a lawsuit against a person or company.
10484 cases posted to LegalMatch lawyers in Austin
Lawsuit Attorneys in the Largest TX Cities
Life in AustinAustin, Texas is known as one of the best cities in Texas because there is a lot to do! Austin is the fourth largest city in Texas with a population of about 790,390. Also known for being the thirty-fifth largest metropolitan area in the United States, Austin has attractions for tourists of all types.
Popular attractions include Congress Avenue, Zilker Metropolitan Park, State Capital, Austin Nature & Science Center, Mount Bonnell, Texas Military Forces Museum, Fall Creek Vineyards and Paramount Theatre. In all honestly, pages and pages could be written about the attractions in Austin. One really needs to go there to experience all the attractions and active vibe of the city.
Austin is also home to many large multinational, international, mid-size, and small law firms. What does this mean? This means that any Austin resident and/or businesses have a large number of firms to choose from when seeking competent attorneys or law firms. This is a rare offering that not all metropolitan cities offer. Overall, from quality of life to industry, Austin is a great choice for visiting or living!