FAQs

Frequently Asked Questions - Regarding Civil Lawsuits

If you have been served with a lawsuit, are thinking about filing one, or merely have questions, contact our office today to schedule a consultation (in either English or Spanish). We are here to help you understand your options.

IMPORTANT: Please read the disclaimer at the end prior to reading this FAQ.

By: Legionnaire Law Firm, PLLC

Here are answers to some of the most common questions we receive from those who are considering filing a lawsuit, who have recently been sued, or who are already involved in a lawsuit. This is general information only and not legal advice. Every case is different. The best step is always to talk to a licensed Texas attorney about your specific situation.

1. What is a civil lawsuit? A civil lawsuit is a legal method through courts to resolve a dispute between persons or companies over money, property, contracts, injuries, or other non-criminal matters. At the end of the lawsuit, no one goes to jail, and the goal is usually limited to obtaining a judgment for money or resolving a problem or dispute.

2. I’ve been sued. What should I do? Read the papers you received right away since they will state the claims against you and provide you with a strict deadline to respond. Do NOT ignore them. It is highly advised that you contact a lawyer immediately. The lawyer can help you file a written response (called an “Answer”) or other necessary documents with the court to protect your rights. For more general information, please read our blog: I was sued; what do I do now? – Essential Steps to Protect Your Rights when facing a lawsuit.

3. What happens if I ignore the lawsuit? Ignoring it is very risky. The court can enter a “default judgment” against you, which means the other side wins automatically without you or your attorney defending your side of the dispute. You could end up owing money, having your wages garnished, losing property (or its possession), or being ordered to act or refrain from taking an action. Act quickly—deadlines are strict.

4. Do I need a lawyer, or can I handle this myself? You have the legal right to represent yourself (called “pro se”), but it is usually not recommended. Lawsuits follow complicated rules, filing deadlines, and procedures. One mistake can cost you the entire case—even if you have a strong defense/claim or are in the right. An experienced lawyer knows how to build a strong case, gather evidence, and negotiate. Most people who try to represent themselves later wish they had hired help. Sometimes, due to lack of legal knowledge, inexperience, and the complexities of practicing law, a pro se litigant may damage their case (sometimes irreparably).

5. How long will my lawsuit take? It depends. There is no way to answer this question with certainty and be cautious of attorneys who give you an exact time frame. Some cases settle or get resolved within a few months. Others can take one to two years, or longer, if they go all the way to trial. Factors include but are not limited to how complicated the case is, how busy the court is, whether both sides are willing to work toward a settlement, and how contentious the discovery phase is. Although many cases settle before trial, good lawyers begin preparing for trial the moment they begin working on a case. Even if settlement is the goal in some cases, it should not be treated as a certainty.

6. I want to sue someone. What are the first steps? Talk to an experienced lawyer first. The lawyer will review your case with you, provide a legal analysis or assessment to determine the potential strengths or weaknesses in your case, help you calculate your damages to determine whether litigation is worth it since it can be costly (thousands of dollars), and explain your options to you. If you decide to move forward, the lawyer can prepare and file a formal complaint (called a “Petition” in Texas) with the proper court and make sure the other side is properly served.

7. Is there a deadline to file my lawsuit? Yes! Texas law sets strict time limits (called “statutes of limitations”), depending on the cause of action or legal theory. For example, many injury cases must be filed within two years. Some other cases must be filed within one year. If you miss the deadline, you may (and likely will) lose the right to sue. The sooner you speak to a lawyer, the better. Waiting until the last moment is not advised.

8. How much will it cost? Costs can include court filing fees, service of process (formally giving notice of the lawsuit to the other side), expert witnesses, and attorney fees. Depending on the case and/or the attorney handling it, the case may require an hourly fee or a flat rate. Many Plaintiff’s attorneys offer a contingency fee agreement for cases involving personal injuries. Your lawyer will explain the fee arrangement clearly before you hire them.

9. Can my case be settled without going to court? Yes! In fact, most civil cases settle before trial. Settlement can save time, money, and stress. Your lawyer can negotiate on your behalf and help you decide whether a settlement offer is in your best interest.

10. What should I bring to my first meeting with a lawyer? Bring all documents you have that relate to the dispute: contracts, letters, emails, texts, police reports, medical records, photos, or anything else related to the dispute. It is a good idea to write down a simple timeline of what happened and any questions you have. It is important to be honest with your potential lawyer and not conceal “the bad” parts of your case. Your lawyer can only help if they know the entire story. Your information will remain confidential with a lawyer even during the consultation stage, even if you do not hire the lawyer.

11. What if I can’t afford a lawyer? For persons with limited means, some law firms may offer free initial consultations. Certain limited-scope options or legal aid organizations may also be available depending on your income and the type of case. Many personal injury plaintiff’s law firms generally take cases on a contingency fee basis, depending on the circumstances.

12. My case started “discovery”. What should I expect? Discovery is the stage where both sides must share information and evidence about the case. It is usually the most time-consuming and expensive part of civil litigation, and the most stressful part. It usually includes:

Sending and answering written questions under oath (called “interrogatories”).

Sending and responding to requests for documents, photos, medical records, and other tangible evidence (called “requests for production”).

Admitting or denying things in writing that are relevant to the lawsuit (called “requests for admissions”).

Giving and taking interviews of witnesses under oath (called “depositions”).

You will have strict deadlines to conduct and respond to discovery during the discovery-phase of litigation. Missing these deadlines can severely hurt your case or lead to penalties.

13. I’m giving a deposition/being deposed. What should I expect? A deposition is a meeting where lawyers ask you questions under oath, and everything is recorded by a court reporter. It usually happens in an office, not a courtroom; however, it is important to remember to treat the deposition exactly as you would treat sitting in court and testifying in front of the judge and/or jury. If the case goes to trial, there is a high likelihood that the judge and/or jury will see or read your deposition.

The most important rule is: Always tell the truth.

It is okay to say “I don’t remember” if you truly don’t—never make up an answer.
If a question is unclear or confusing, ask them to repeat or rephrase it. Do not guess.
You can ask for a short break if you need one, but it is recommended you do not do so in the middle of answering a question, as it looks suspicious (even if you are not intending anything improper). Always remember, a judge and/or jury may see your deposition.
Let the lawyer finish asking the full question before you answer, even if you already know what is being asked. It is important not to talk over each other. This helps the court reporter create an accurate record.
Remain calm. Some opposing lawyers become aggressive or even intentionally try to provoke an angry response or reaction from witnesses. Again, it is important to always remember that a judge and/or jury may see the deposition, so it is important to appear calm and collected, even if the opposing lawyer does not.
Listen carefully to your lawyer’s advice before and during the deposition.

Your lawyer will prepare you ahead of time and can be present with you.

Disclaimer: The information in this FAQ is provided for informational or educational purposes only. This FAQ contains general information and may not reflect current legal developments. This FAQ (or the information in this FAQ): (a) is not intended to constitute legal advice; (b) does not constitute legal advice; (c) should not be construed as legal advice on any subject matter; (d) should not be a source of legal advice; and (e) does not create an attorney-client relationship between you and Legionnaire Law Firm, PLLC (or any attorney therefrom). By reading this FAQ, you understand and acknowledge that there is no attorney-client relationship between you and Legionnaire Law Firm, PLLC (or any attorney therefrom). Additionally, the transmission and receipt of the information contained in this FAQ and your access to this FAQ does not constitute an attorney-client relationship. Since this FAQ does not constitute legal advice, you should not rely upon any information contained herein for any purpose (each case, legal matter, legal proceeding, and situation is unique and different) and you should not use this FAQ as a substitute for competent legal advice from a licensed attorney in your state or jurisdiction. This FAQ and its contents are provided without warranty of any kind, either express or implied. Legionnaire Law Firm, PLLC and its attorneys expressly disclaim all liability with respect to action taken or not taken based upon any information in this FAQ, or with respect to any errors or omissions in this FAQ. Reproduction, distribution, republication, and/or retransmission of this FAQ is prohibited unless the prior written consent of Legionnaire Law Firm, PLLC has been obtained.