Answer
Definition
An answer is the formal written response a defendant files in court after being served with a lawsuit. In the answer, the defendant responds to each allegation in your complaint by admitting, denying, or stating they lack sufficient information to admit or deny. The answer also contains any affirmative defenses the defendant intends to raise and any counterclaims against the plaintiff. Filing an answer is mandatory—failure to respond within the required timeframe can result in a default judgment against the defendant.
How It’s Used in Personal Injury Cases
After your attorney files and serves a complaint, the defendant (typically through their insurance company’s attorney) must file an answer within a specified period—usually 20 days in Texas state court. The answer will typically deny most allegations to preserve the defendant’s options, assert affirmative defenses such as comparative negligence or failure to mitigate damages, and potentially designate responsible third parties. Reviewing the answer reveals the defense strategy and what issues will be contested. If the defendant fails to file a timely answer, your attorney can seek a default judgment, which essentially means you win on liability and proceed directly to proving damages.
Practical Example
After filing a lawsuit over a car accident, your attorney serves the complaint on the defendant, who has 20 days to respond. The insurance company assigns a defense attorney who files an answer that denies the defendant was negligent, denies the claimed amount of damages, and asserts affirmative defenses including comparative negligence (claiming you were partially at fault) and failure to mitigate damages (claiming you didn’t seek appropriate medical treatment). The answer also designates a third party—another driver who allegedly contributed to the accident—as a responsible third party. This answer tells your attorney exactly what defenses to prepare to counter.
Why It Matters to Your Case
The defendant’s answer shapes the entire lawsuit by identifying what facts are disputed and what defenses will be asserted. If a defendant admits certain allegations, those facts are established and don’t need to be proven at trial. More commonly, defendants deny most allegations, requiring you to prove each element of your case. The affirmative defenses raised in the answer—particularly comparative negligence—preview the defense strategy and help your attorney prepare counter-evidence. Under Texas Rules of Civil Procedure, defenses not raised in the answer may be waived, making the answer a critical procedural document.
Key Takeaway
An answer is the defendant’s formal response to your lawsuit, containing denials, admissions, and affirmative defenses. Reviewing the answer reveals the defense strategy and shapes how your case will proceed through litigation.