of action is asserted in a case, and following the trial of the case, the plaintiff elects the best recovery.  Texas appellate courts have defined a cause of action as a plaintiff's primary right to relief and the defendant's act or omission that violates that right. Krchnak v. Fulton, 759 S.W.2d 524, 526 (Tex. App.--Amarillo 1988, writ denied) (citing Stone Fort Nat'l Bank v. Forbes, 126 Tex. 568, 91 S.W.2d 674, 676 (1936)). The right to a remedy for an injury is a constitutionally protected right.Tex. Const. art. 1, § 13 (All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law). 

​

In practical terms, a cause of action is what a plaintiff pleads in a lawsuit, governs what evidence is relevant, and what questions are submitted to the jury. Knowledge of the elements of a particular cause of action or theory of liability is essential to the proper prosecution or defense in any civil lawsuit. This online guide provides a helpful quick reference to many civil causes of action and theories of liability available in the State of Texas.