Fort Worth Injury Attorney Blog
A lawsuit is the first step a party makes to take the case to court. Below is a copy of a lawsuit petition that is filed in a motor vehicle accident case and filed with the district court usually in the county where the accident happened.
Do not be intimidated by the legal process. This drives home the point that it is important to hire an attorney specialized in litigation in order to pursue your motor vehicle accident or other personal injury related case.
PLAINTIFF’S ORIGINAL PETITION AND REQUEST FOR DISCLOSURE
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes ____________ hereinafter called Plaintiff, complaining of ______________ hereinafter called Defendant, and for cause of action would respectfully show the Court and jury the following:
I.
Pursuant to Rule 190.1 of the Texas Rules of Civil Procedure Plaintiff intends to conduct discovery under level two.
II.
Plaintiff is an individual and a resident in Tarrant County, Texas.
Defendant ____________is an individual and a resident of Tarrant County, Texas, and may be served with citation at her place of residence, 906 SE 13th Street, Mineral Wells, Texas 76067.
III.
Plaintiff brings this suit to recover damages for personal injuries sustained by Plaintiff in a collision in Tarrant County, Texas, on or about __________ which collision was proximately caused by the negligence of the Defendant. At the time of the occasion in question, the Defendant rear-ended Plaintiff’s vehicle proximately causing Plaintiff bodily injuries.
IV.
At the time and on the occasion in question, Defendant, ROMAN AGUIRRE, while operating said vehicle failed to use ordinary care by various acts and omissions, including the following, each of which singularly or in combination with others, was a proximate cause of the occurrence in question:
A. In traveling at an excessive rate of speed;
B. In failing to keep a proper lookout;
C. In failing to make a timely application of his brakes;
D. In failing to turn his vehicle to the left/right in order to avoid the collision;
E. In failing to keep his vehicle under control.
F. In taking faulty evasive language.
V.
By failing to operate her vehicle in a safe manner, Defendant ROMAN AGUIRRE was negligent per se in violation of the Uniform Act Regulating Traffic on Highways. Tex. Rev. Civ. Stat art. 6701d, and such negligence per se was a proximate cause of the occurrence in question.
VI.
As a result of the collision described above, Plaintiff, ROMAN AGUIRRE has suffered severe personal injuries causing Plaintiff to sustain permanent bodily impairment, physical impairment, scarring, loss of earnings, and a loss of earning capacity in the future. Plaintiff has experienced physical pain and mental anguish and will, in reasonable probability, continue to do so in the future by reason of the nature and severity of his injuries and disfigurement. Plaintiff has been caused to incur medical charges and expenses in the past and will, in reasonable probability, continue to incur medical expenses in the future for treatment of his injuries.
As a result of the negligence of Defendant, Plaintiff, ROMAN AGUIRRE suffered severe bodily injuries and the damages described herein. As a result of the negligence of Defendant, Plaintiff has incurred expenses for medical care and attention. These expenses incurred were necessary for the care and treatment of the injuries sustained by Plaintiff and the charges were the usual and customary charges for such services in Tarrant County, Texas. Plaintiff will probably require further medical care and attention and will necessarily incur reasonable expenses in the future for such medical needs.
VII.
In conjunction with the filing and service of this petition, Plaintiff serves upon and requests that Defendant respond to Plaintiff’s Request for Disclosure, pursuant to Rule 194 of the Texas Rules of Civil Procedure within fifty (50) days.
VIII.
By reason of the above and foregoing, Plaintiff has been damaged in a sum within the jurisdictional limits of this Court. The Plaintiff seeks monetary relief over $100,000.00. but not more than $200,000.00.
WHEREFORE, Plaintiff prays that the Defendant be duly cited to appear and answer herein; that upon a final trial of this cause, Plaintiff recover
1. judgment against Defendants for Plaintiff’s damages as set forth above, in an amount within the jurisdictional limits of this Court;
2. interest on said judgment at the legal rate from date of judgment;
3. prejudgment interest on Plaintiff’s damages as allowed by law;
4. costs of court; and
5. such other and further relief to which Plaintiff may be entitled.
Respectfully submitted,
BY: __________________________
ATTORNEY FOR PLAINTIFF
ERIC R. REYES
State Bar #16794350
312 Harwood Rd
Bedford, TX 76021
(817) 332-1522
(817) 332-6224 Fax
reyes@ericreyeslaw.com
Efiling: efiling@ericreyeslaw.com