Sued for Self-Defense in Texas

Updated December 21, 2022

A common question we often hear is: “can I be sued for self-defense in Texas”? As a rule of thumb regarding Texas civil lawsuits, almost anyone can sue anyone for anything, assuming that they can pay the filing fee.

Unfortunately, the rule of thumb applies equally to a person claiming self-defense because self-defense inherently involves using force that would otherwise be considered a crime or a “tort” in the absence of justification. In short, yes, you can be sued for self-defense in Texas. Thankfully some rarely-used laws come in handy that an experienced Texas self-defense lawyer can utilize.

Self-Defense in Texas

As a result, anytime a person uses force, even in defense of your home, vehicle, or business, it’s possible they could face legal action for that use of force, whether it be a criminal charge or a civil lawsuit. Although that person may have a perfectly valid defense, such as justification through acting in self-defense, the person claiming that defense must affirmatively assert it once presented with a lawsuit. In other words, you can be sued for self-defense in Texas and have to raise the defense issues in court. Though it doesn’t necessarily seem fair, a person must go through the process and assert these defenses even in the most frivolous of lawsuits.

Self-defense claims asserted vary but generally include the following:

Negligence
Gross Negligence
Assault and Battery
False Imprisonment
Wrongful Death

DO I HAVE TO RESPOND TO A LAWSUIT EVEN IF I ACTED IN SELF-DEFENSE?

Yes, it is imperative that you respond to a lawsuit, even if you acted in self-defense. Under the Texas Rules of Civil Procedure, a defendant must file an “original answer” to the petition¹ prior to the first Monday following a period of twenty days after being served with a lawsuit². If you fail to file an answer, the plaintiff may file a motion for default judgment against you³. If the default judgment is granted, the defendant effectively loses the case without ever responding to the case. Although default judgment can be appealed, it is generally a final ruling⁴. As we’ll discuss below, even if you believe you are justified or have another relevant defense, you’ll still need to file an answer to present your defense to the court.

CAN I STILL BE SUED for self-defense EVEN IF I’M NOT CHARGED WITH A CRIME?

Unfortunately, yes. Under our legal system, there are two main types of legal actions: civil claims and criminal charges. Although there are many similarities between civil claims and criminal charges, there are some key differences as well. In criminal cases, the relief sought is generally jail time or possibly a fine. Whereas in civil lawsuits, the plaintiff is generally seeking monetary damages or the performance of some specific action. Another key difference is that criminal charges are almost invariably filed by a governmental entity against an individual, but civil claims can be filed by nearly any legal entity against any other legal entity.

Because of these differences, a civil claim and a criminal charge essentially exist independently of each other. As a result, a person filing a civil lawsuit does not need to wait for criminal charges. If you have questions on how the criminal and civil systems intertwine, don’t hesitate to reach out. Our attorneys would love to answer your questions.

what will yo pay if you are sued for self-defense?

The following is merely a brief snapshot of the types of damages recoverable in a self-defense case. To recover any of the damages below, the plaintiff must first prove one of the claims above by a preponderance of the evidence. For example, if the jury determines a defendant was not negligent, a plaintiff cannot recover his or her medical costs, no matter how severe the plaintiff’s injuries are. Some of the damages a plaintiff can try to recover include:

Lost wages;
Medical costs;
Disability;
Pain and suffering (physical, mental, and emotional);
Funeral and burial costs;
Disfigurement;
Loss of companionship;
Loss of household services;
Lost future wages;
Past and future mental anguish;
Loss of inheritance;
Future medical costs; and
Punitive or exemplary damages (Note: this requires a heightened standard of proof beyond a “preponderance of the evidence.” Additionally, punitive damages are only available for certain claims).

This list is not wholly exhaustive; however, it includes the majority of damages sought in civil self-defense cases. For a full list, be sure to read Chapter 41 of the Texas Civil Practice and Remedies Code. For certain claims, Texas law also provides that the jury must assign percentages of fault to the party⁵. If the jury determines the plaintiff is more than 50% at fault for a given claim, the plaintiff is prohibited from recovering any damages⁶. Even if the plaintiff is not determined to be more than 50% at fault, the amount paid by the defendant may be reduced by any percent of fault that the jury finds to be caused by the plaintiff or any third party⁷.

WHAT IS CHAPTER 83 OF THE CIVIL PRACTICES AND REMEDIES CODE?

Chapter 83 of the Texas Civil Practice and Remedies Code⁸ provides that a person who uses force or deadly force that is justified under Chapter 9 of the Texas Penal Code⁹ is immune from civil liability for personal injury or death that results from the defendant’s use of force or deadly force. Simply put, this means that if the defendant’s use of force would be justified in a criminal case, the defendant will be immune from paying any damages in the civil. Keep in mind this does not bar a plaintiff from filing suit. Rather, this immunity must be raised as an affirmative defense to the plaintiff’s claim and proven by a preponderance of the evidence.

It is important to note that this defense under Chapter 83 of the Texas Civil Practice and Remedies Code only explicitly applies to personal injury and wrongful death claims. As such, it is unclear, but unlikely, that this defense would apply for property damage claims.

HOW DO I WIN A SELF-DEFENSE CIVIL LAWSUIT?

The key to winning a self-defense lawsuit is retaining experienced, aggressive counsel early in the process to ensure your case is handled properly from the outset. The civil defense attorneys at Walker & Taylor have decades of experience defending and pursuing civil claims and would love to speak with you about how we can help with your case. Contact the firm for a free case evaluation by calling (281) 668-9957 today!

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