This form is a general answer for use by a defendant in an action for personal injury.
Dallas Texas General Personal Injury Answer
State:
Multi-State
County:
Dallas
Control #:
US-PI-0021
Format:
Word;
Rich Text
Instant download
Description
Free preview
How to fill out General Personal Injury Answer?
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FAQ
The original answer 'general denial' signifies that the defendant does not admit to any of the allegations made in the plaintiff's complaint. It serves as a blanket response, setting the groundwork for the defendant’s argument. In a Dallas Texas General Personal Injury context, this answer allows the defendant to challenge the plaintiff’s case without conceding any points upfront.
Take your written answer to the clerk's office. The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you. One copy is for you to keep. The other copy you're responsible for delivering to the plaintiff (or their attorney).
The Pain and Suffering Multiplier Method: The multiplier method for calculating pain and suffering is the most common approach. This method involves adding all special damages and then multiplying that figure by a certain number (typically between 1.5 and 5 with 3 being most commonly used).
Texas courts impose a cap of $250,000 on pain and suffering damages in medical malpractice cases, however, regardless of your circumstances. Even if the multiplier method states that your pain and suffering damages are worth more, $250,000 is the most you'll be able to collect if a health care provider caused you harm.
There are currently no caps on pain and suffering (non-economic damages) in Texas, except in medical malpractice cases.
For example, take a plaintiff with $20,000 in economic damages. Using a multiplier of two, pain and suffering damages would be $40,000. For someone with permanent injuries, a jury might use a multiplier of five. Then the total amount for pain and suffering would be $100,000.
Write your answer Only tell the court that you agree, disagree or you do not know if the statement is true. Lawyers usually write "the Defendant admits...," if you agree with the statement. They write "Defendant denies...," if you disagree with the statement.
File (turn in) your completed answer form with the court. To file online, go to E-File Texas and follow the instructions. To file in person, take your answer (and copies) to the district clerk's office in the county where the plaintiff filed the case.
There is no average time to settle a personal injury case in Texas. Each personal injury case is unique. You should keep in mind that Texas law imposes a two-year deadline to file a personal injury lawsuit.
The per diem is a dollar figure used to calculate the value of emotional distress. The per diem is multiplied by the number of days between the accident and when the doctor releases the patient from treatment. However, the multiplier method is generally the method most parties use to calculate non-economic damages.
