Where is the Proper County to File a Lawsuit on My Texas Injury Claim?
Many personal injury cases are settled without filing a lawsuit. In some instances, though, litigation is the only viable method of resolving a claim. When deciding to litigate in Texas state court, the plaintiff must decide in which of Texas’s 254 counties to file a lawsuit.
The legal term “venue” refers to the location where a lawsuit is brought and heard. In Texas, the plaintiff (i.e., the injury victim) must bring a lawsuit in a court of “proper venue” according to the following scheme:
If there is a mandatory-venue provision, the plaintiff must file in the county of mandatory venue.
If no mandatory-venue provision applies, venue is proper under the general venue rule or a permissive-venue provision, if any.
The Texas general venue rule covers most automobile third-party claims. Under the general venue rule, venue is proper in the following counties:
In the county where all or a substantial part of the events or omissions giving rise to the claim occurred;
If the defendant is a natural person, in the county of the defendant’s residence at the time the claim accrued;
If the defendant is not a natural person, in the county of the defendant’s principal office in Texas; or
If no other provision applies, in the county where the defendant resided when the claim accrued.
In some instances, the plaintiff may have the option of filing a lawsuit in several counties of proper venue. Say, for example, that a Hidalgo County driver’s negligence causes a collision in Cameron County. In that instance, the plaintiff has the option of bringing a lawsuit in Cameron County (i.e., the county where the collision occurred) or Hidalgo County (i.e., the county of the defendant’s residence).
Deciding whether to file a lawsuit—and choosing from multiple counties of proper venue—is more art than skill. This decision requires familiarity with the venue’s demographics, judges, local rules, and more. If a negligent driver has injured you or a loved one, you have enough things to worry about. Do not let dealing with the insurance company be some of them. We deal with the insurance company so you can focus on getting your life back to normal. You have one chance to do this; make the right choice by choosing the right attorney. Call us at (956) 291-7870 or email us at contact@rdjlawyer.com for a free consultation and case evaluation.