Do I reveal all evidence I have before I file suit?

UPDATED: Oct 1, 2022

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Do I reveal all evidence I have before I file suit?

I am sending a letter of intent to file suit to the at fault driver that hit me in an auto accident. There were no injuries but my car sustained over 7000 in damages and towing fees. The drivers insurer, Allstate, denied my claim. I have complied my evidence – photos diagrams and caselaw citing. My question is, in notifying this lady of my intent to sue should I include all the evidence I plan to use including caselaw? Since her insurance company denied my claim I’m sure they will represent her in small claims court. My thought initially was – the more info I give now showing that it’s highly likely that I will win the ore likely they are to offer a settlement. I have no money for an attorney and have been researching and getting ready for court for a whole year now. Its been one of the worst years of my life. I am a single mom and I have had to walk my son to school in freezing temps and scorching heat. He misses out on so many things because he doesnt have a ride. I have lost my sense of self worth and I think if I can do this, win my case – get my car fixed, it would restore my confidence to the point I was before and help me crawl out of the darkness I have been in for the year since this happened. Any advice would be greatly appreciated

Asked on December 7, 2018 under Accident Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are not legally required in small claims to share your information with them ahead of time and are better off not: by giving them advance warning, you give them more to try to counter your case and prepare themselves. If you are proceeding pro se (no lawyer) they will likely underestimate you; surprise them in court with the depth of your preparation.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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