WHERE CAN A PERSONAL INJURY PLAINTIFF FILE THEIR CASE IN TEXAS?
By filing the lawsuit, the Plaintiff in a personal injury case has the ability to “choose” the venue, or the county that the lawsuit is filed in. Venue may be proper in more than one county, so it is important to know your venue options before filing the lawsuit.
Texas State Court Venue:
In Texas, venue is determined by the facts existing at the time the basis of the lawsuit, or what caused the lawsuit to occur. Tex. Civ. Prac. & Rem. Code § 15.006.
The general rule in personal injury litigation regarding venue is that the lawsuit must be brought in:
- In the county in which all or a substantial part of the events or omissions giving rise to the claim occurred;
- In the county of the defendant’s residence at the time the cause of action accrued if the defendant is a natural person;
- In the county of the defendant’s principal office in this state if the defendant is not a natural person; or
- If the above do not apply, in the county in which the plaintiff resided at the time of the accrual of the cause of action.
Tex. Civ. Prac. & Rem. Code § 15.006
Let’s break this down. The first option simply means where the event occurred that lead to the lawsuit. For example, in a car or commercial motor vehicle wreck, the first option would be the county where the incident actually occurred.
The second option may seem straightforward, but there are some important definitions a personal injury plaintiff must know. First, a natural person simply means a human being. This differs from a business, or legal entity, which is discussed below. Second, in order to determine residence, there are a few factors to take into consideration. For residency, an element of permanency is necessary. It requires that the residence must be a home or fixed place of habitation where the defendant intends to return when away. Owens Corning v. Carter, 997 S.W.2d 560 (Tex. 1999). Other factors include where the person sleeps and keeps personal belongings. Willet v. Cole, 249 S.W.3d 585 (Tex. App. –Waco 2008). Key evidence could be the defendant’s driver’s license, or mailing address, because there are individuals with multiple homes and properties.
The third venue option typically deals with defendants that are businesses or legal entities. “Principal Office” is defined by the legislature as, the county where the decision makers for the organization within the state of Texas conduct the daily affairs of the organization. Tex. Civ. Prac. & Rem. Code § 15.001. The interpretation is simple if there is just one business within the state of Texas, but it becomes complicated for a business with multiple offices. For a business or entity with multiple offices, venue is proper only where the decision makers of the business, conduct the daily affairs of the organization. The principal office can usually be found by searching through the Texas Secretary of State.
Finally, the fourth option is a catch all provision. This is rate, but if the first three options do not apply, then the fourth option can be used. For this option, the same definition of residence that was used in the second option applies.
UM/UIM Cases
The general rule changes in a few personal injury scenarios. One important change is in Uninsured Motorist Claims and Underinsured Motorist Claims. In these claims, the lawsuit must be brought in the county where:
- The policyholder or beneficiary instituting the action resided at the time of the accident involving the uninsured or underinsured motor vehicle; or
- The accident occurred.
Texas Insurance Code § 1952.110
Relevant Mandatory Venue Provisions in Personal Injury Litigation
Other important mandatory venue provisions in personal injury litigation include inmate litigation, cases under the Federal Employers Liability Acts, cases under the Jones Act, and cases against a county.
Inmate Litigation
An action that accrued while the plaintiff was housed in a facility operated by or under contract with the Texas Department of Criminal Justice shall be brought in the county in which the facility is located. Tex. Civ. Prac. & Rem. Code § 15.019. This is different for cases with multiple plaintiffs or cases against the head of a department of the state government.
FELA:
FELA cases are most commonly seen as claims against railroad carriers. All suits brought under the federal Employers’ Liability Act shall be brought:
- In the county in which all or a substantial part of the events or omissions giving rise to the claim occurred;
- In the county where the defendant’s principal office in this state is located; or
- In the county where the plaintiff resided at the time the cause of action accrued.
Tex. Civ. Prac. & Rem. Code § 15.018.
Jones Act:
Jones Act cases are cases that involve seaman, or people that work in the maritime industry, who are injured on the job. The venue for Jones Act cases is identical to the FELA venue options, however there are two exceptions.
The first exception is if all or a substantial part of the events or omissions giving rise to the claim occurred on the inland waters of Texas, ashore in Texas, or during the course of an erosion response project in Texas, the suit shall be brought:
- in the county in which all or a substantial part of the events giving rise to the claim occurred; or
- in the county where the defendant’s principal office in this state is located.
Tex. Civ. Prac. & Rem. Code § 15.0181(d)
The second exception is if all or a substantial part of the events or omissions giving rise to the claim occurred on inland waters outside this state, ashore in a Gulf Coast state, or during the course of an erosion response project in a Gulf Coast state, the suit shall be brought:
- In the county where the defendant’s principal office in this state is located if the defendant’s principal office in this state is located in a coastal county;
- In Harris County unless the plaintiff resided in Galveston County at the time the cause of action accrued;
- In Galveston County unless the plaintiff resided in Harris County at the time the cause of action accrued; or
- If the defendant does not have a principal office in this state located in a coastal county, in the county where the plaintiff resided at the time the cause of action accrued.
Tex. Civ. Prac. & Rem. Code § 15.0181(e)
Causes of Action Against a County:
A case against a county must be brought in that county. Tex. Civ. Prac. & Rem. Code § 15.015.
Important Note:
If a Plaintiff files suit in a county where venue is not proper, the Plaintiff waives their right to choose venue and the Defendant can file a motion to have the lawsuit transferred to a proper venue option. Tex. Civ. Prac. & Rem. Code § 87(3). However, a plaintiff’s choice of venue stands unless challenged by a proper motion to transfer venue. In re Mo. Pac. R.R. Co., 998 S.W.2d 212, 216 (Tex. 1999). Additionally, all venue facts, when properly pleaded, shall be taken as true unless specifically denied by the adverse party. Tex. Civ. Prac. & Rem. Code § 87(3).