PLAINTIFF’S ORIGINAL PETITION — PERSONAL INJURY
(Texas State Court Template)
[// GUIDANCE: This template is drafted for use in any Texas District or County Court. Customize bracketed placeholders, remove guidance comments before filing, and ensure compliance with local rules (e-filing formats, font, margins, coversheets, etc.).]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Allegations
- Representations & Warranties (Pleading Allegations)
- Covenants & Conditions Precedent
- Default & Remedies (Damages)
- Risk Allocation Statements
- Dispute Resolution & Jury Demand
- General Provisions & Prayer
- Execution / Verification
1. DOCUMENT HEADER
CAUSE NO. __
[PLAINTIFF FULL LEGAL NAME],
Plaintiff,v.
[DEFENDANT FULL LEGAL NAME],
Defendant.IN THE [___] JUDICIAL DISTRICT COURT
[___] COUNTY, TEXAS
1.1 Title & Nature of Action
PLAINTIFF’S ORIGINAL PETITION FOR NEGLIGENCE AND PERSONAL INJURY DAMAGES
1.2 Discovery Level
Plaintiff intends that discovery be conducted under Texas Rule of Civil Procedure 190.3 (Level 2) unless and until modified by court order.
1.3 Statement of Monetary Relief Sought
Pursuant to Tex. R. Civ. P. 47(c), Plaintiff seeks:
[ ] Monetary relief of $250,000 or less (including damages of any kind, penalties, costs, expenses, pre-judgment interest, and attorney fees)
[ ] Monetary relief over $250,000 but not more than $1,000,000
[ ] Monetary relief over $1,000,000
[// GUIDANCE: Check only ONE box to satisfy Rule 47(c).]
2. DEFINITIONS
For ease of reference, capitalized terms used in this Petition have the meanings set forth below.
2.1 “Accident” means the incident that occurred on [DATE] at or near [LOCATION] resulting in Plaintiff’s injuries.
2.2 “Defendant” means [DEFENDANT FULL LEGAL NAME] and includes its agents, servants, employees, and anyone acting in concert with it.
2.3 “Injury” or “Injuries” means the bodily injuries, mental anguish, medical conditions, and related damages allegedly sustained by Plaintiff as a result of the Accident.
2.4 “Joint and Several Liability Threshold” means the percentage of responsibility, currently 50 percent or more, at which a defendant becomes jointly and severally liable under Tex. Civ. Prac. & Rem. Code § 33.013(b).
2.5 “Punitive Damage Cap” means the limitations on exemplary damages imposed by Tex. Civ. Prac. & Rem. Code § 41.008.
3. OPERATIVE ALLEGATIONS
3.1 Parties
(a) Plaintiff — [PLAINTIFF NAME], an individual resident of [COUNTY], Texas.
(b) Defendant — [DEFENDANT NAME], a [Texas corporation / foreign entity / individual] that may be served with process by serving [REGISTERED AGENT / ADDRESS].
3.2 Jurisdiction & Venue
(a) This Court has subject-matter jurisdiction because Plaintiff seeks monetary relief within the Court’s jurisdictional limits and asserts claims arising under Texas tort law.
(b) Venue is proper in [___] County under Tex. Civ. Prac. & Rem. Code § 15.002(a)(1) because all or a substantial part of the events or omissions giving rise to the claims occurred in this county.
3.3 Factual Background
[Provide concise chronology of events leading to the Accident: date, time, location, circumstances, conduct of Defendant, identity of witnesses, etc.]
3.4 Cause of Action — Negligence
Plaintiff pleads the common-law negligence elements: duty, breach, causation, and damages. Defendant owed Plaintiff a duty of reasonable care, breached that duty by [SPECIFIC ACTS/OMISSIONS], which proximately caused Plaintiff’s Injuries and damages.
4. REPRESENTATIONS & WARRANTIES (PLEADING ALLEGATIONS)
4.1 Plaintiff represents that, at the time of the Accident, Plaintiff was acting with reasonable prudence.
4.2 Defendant is presumed to have owed and breached statutory and common-law duties applicable to [motor-vehicle operation / premises safety / professional conduct], including but not limited to duties under:
(a) Tex. Transp. Code Ch. 545 (Rules of the Road) [if motor vehicle];
(b) Tex. Health & Safety Code § 341.061 [if premises sanitation];
(c) Other applicable statutes, ordinances, or industry standards.
[// GUIDANCE: Insert only those statutory duties clearly applicable; delete inapplicable subsections.]
4.3 All conditions precedent to filing this action have been performed, have occurred, or have been waived.
5. COVENANTS & CONDITIONS PRECEDENT
5.1 Pre-Suit Notice (If Chapter 74 Health-Care Liability Claim)
If this Petition constitutes a “health-care liability claim” under Tex. Civ. Prac. & Rem. Code Ch. 74, Plaintiff provided the statutorily required 60-day pre-suit notice and authorization form to Defendant on [DATE].
5.2 Expert-Report Deadline (If Chapter 74 Claim)
Plaintiff covenants to serve one or more expert reports within 120 days of Defendant’s original answer as required by Tex. Civ. Prac. & Rem. Code § 74.351(a).
6. DEFAULT & REMEDIES (DAMAGES)
6.1 Economic Damages
• Past medical expenses: $[]
• Future medical expenses: $[]
• Loss of earning capacity: $[]
• Property damage: $[]
6.2 Non-Economic Damages
• Past and future physical pain and mental anguish
• Physical impairment and disfigurement
[// GUIDANCE: If medical-malpractice caps apply, non-economic damages are limited pursuant to Tex. Civ. Prac. & Rem. Code § 74.301.]
6.3 Exemplary (Punitive) Damages
Pursuant to Tex. Civ. Prac. & Rem. Code Ch. 41, Plaintiff seeks exemplary damages for Defendant’s gross negligence, conscious indifference, or malice, subject to the Punitive Damage Cap.
6.4 Pre- and Post-Judgment Interest & Court Costs
Plaintiff seeks interest as allowed by Tex. Fin. Code § 304.003 and taxable costs of court.
6.5 Attorney Fees (If Statutory)
If applicable law entitles Plaintiff to fees (e.g., Tex. Civ. Prac. & Rem. Code § 38.001), Plaintiff seeks reasonable and necessary attorney fees.
7. RISK ALLOCATION STATEMENTS
7.1 Comparative Responsibility
Plaintiff’s damages should be reduced only by the percentage of responsibility, if any, attributed to Plaintiff pursuant to Tex. Civ. Prac. & Rem. Code § 33.001. Defendant may become jointly and severally liable if its responsibility equals or exceeds the Joint and Several Liability Threshold.
7.2 No Contractual Indemnity Alleged
This Petition does not assert contractual indemnity claims; none are applicable.
8. DISPUTE RESOLUTION & JURY DEMAND
8.1 Governing Law
The claims are governed by the substantive tort law of the State of Texas.
8.2 Forum Selection
All claims will be heard exclusively in this Court; arbitration is inapplicable.
8.3 Jury Demand
Plaintiff demands a trial by jury and has tendered the requisite jury fee pursuant to Tex. R. Civ. P. 216.
8.4 Injunctive Relief Reservation
Plaintiff reserves the right to seek temporary or permanent injunctive relief as justice may require.
9. GENERAL PROVISIONS & PRAYER
9.1 Amendments
Plaintiff reserves the right to amend this Petition as permitted by the Texas Rules of Civil Procedure and the Court’s scheduling orders.
9.2 Prayer
WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully prays that Defendant be cited to appear and answer herein, and that upon final trial, the Court award Plaintiff:
a. Actual economic damages;
b. Non-economic damages subject to any applicable statutory caps;
c. Exemplary damages within statutory limits;
d. Pre- and post-judgment interest as allowed by law;
e. Costs of court; and
f. Such other and further relief, at law or in equity, to which Plaintiff may be justly entitled.
10. EXECUTION / VERIFICATION
Respectfully submitted,
[ATTORNEY NAME]
State Bar No. [____]
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [FAX] | [EMAIL]
ATTORNEY FOR PLAINTIFF
Verification (Optional or Required by Subject Matter)
STATE OF TEXAS §
COUNTY OF ____ §
Before me, the undersigned authority, on this day personally appeared [PLAINTIFF NAME], who, being by me duly sworn, deposed and stated that he/she has read the foregoing Petition and that every statement contained therein is true and correct to the best of his/her knowledge and belief.
[PLAINTIFF NAME]
Subscribed and sworn to before me on the ___ day of _, 20.
Notary Public, State of Texas
My Commission Expires: ____
[// GUIDANCE: Omit verification unless required (e.g., suit on sworn account) or strategically advantageous.]
END OF TEMPLATE