Recovery of attorney’s fees can be an important factor when evaluating the possibility of filing a lawsuit. In Texas, a client is likely to only be able to recover attorney’s fees if the suit is successful; however, if a client is being sued, it is rare that attorney’s fees will be recovered. The type of lawsuit will also affect whether or not a client is entitled to being awarded attorney’s fees. If the lawsuit is a general tort claim, such as negligence, fraud, or slander, clients will not be able to recover attorney’s fees. The types of claims that do potentially allow for a recovery award are breaches of contracts, such as for rendered services or performed labor. Chapter 37 of the Texas Civil Practice and Remedies Code specifies that if a court enters a declaratory judgment for the successful party, recovery rewards may be granted; additionally the Texas Deceptive Trade Practices act allows the prevailing party to recover attorney’s fees.
If you or someone you love has been considering filing a personal injury lawsuit, contact Haire Law to speak with a personal injury attorney. Visit the contact us page or call 940-484-5555 for more information on taking the next step in your case.