How to File a Lawsuit – Sample Petition For Typical Accident Case


The document that starts all lawsuits officially with any court in Texas is a “petition”.  In accident, negligence or injury lawsuits, the document will be called Plaintiff’s Original Petition & Request For Disclosure.  This is a sample that was used in a 2019 case.


This product is a sample petition for negligence in car accident case.

This document is used to file a lawsuit when a car accident has occurred, and the insurance company is not offering enough money.

Snippet from Petition in Auto-accident Case


  1. At the time of the accident, defendant was operating his vehicle negligently. Defendant’s negligence was the proximate cause of Plaintiffs Defendant had a duty to  exercise ordinary care and operate her vehicle reasonably and prudently. Defendant breached said  duty in one or more of the following ways:
  2. failed to timely apply her brakes;
  3. failed to maintain a proper lookout;
  4. failed to turn the vehicle to avoid the collision;
  5. drove the vehicle at a rate of speed greater than that which an ordinary and prudent person would have driven under the same or similar circumsta11ces;
  6. failed to take proper evasive action;
  7. followed Plaintiffs vehicle more closely than an ordinary and prudent person would have done under the same or similar circumstances; and
  8. failed to control

Types of Damages

  1. Physical pain in the past, present and future;
  2. Mental anguish in the past, present and future;
  3. Medical expenses in the past, present and future;
  4. Physical impairment in the past, present and future
  5. Physical disfigurement;
  6. Lost wages;
  7. Loss of earning capacity and
  8. Property

sample petition in auto-accident