Many personal injury cases end with a settlement agreement. However, some cases go to trial. Unfortunately, the case might not end when the jury reaches a verdict. Either party could file an appeal, which extends a personal injury lawsuit.
What Is an Appeal in a Texas Personal Injury Case?
An appeal challenges a current legal decision. A party who disagrees with the outcome of a trial can file an appeal to a higher court.
The higher court reviews the lower court’s decision to determine whether the lower court made errors that could have impacted the case’s outcome. Typically, an appeals court reviews the trial transcripts and relevant documents.
Examples of Reasons a Party Might Appeal a Personal Injury Judgment
There must be a valid reason for appealing a case. Otherwise, the appeal will be dismissed. Reasons for filing a personal injury appeal include:
- The court incorrectly allowed or disallowed the testimony of an expert witness.
- The judge abused their discretion.
- The evidence in the case does not support the verdict rendered by the jury.
- The judge gave the jurors incorrect instructions about the law or other relevant matters.
- The judge incorrectly ruled that evidence was inadmissible in court.
- Jury misconduct occurred, which could have compromised the verdict.
- The court applied the incorrect law in the case.
A party may need to question things during the trial before a higher court will consider the issues on appeal. Appellate courts often hear oral arguments, but they are not required to do so. They also consider both parties’ briefs (which contain legal arguments, case law, and other facets). Briefs are the primary source of information appellate courts use to make their decision.
How Do You File an Appeal of a Personal Injury Judgment in Texas?
A party has 30 days to file an appeal of a district court verdict. The appeal must follow the requirements in the Texas Rules of Appellate Procedure. The person filing the appeal is the appellant, and the other party is the appellee.
The appellant files a Notice of Appeal. They have 30 days to file their brief with the court and serve it on the appellee. The appellee can file a response brief – which is due within 30 days of when the Notice of Appeal was filed – and serve it on the appellant. The court considers the legal arguments in the brief.
If the justices believe oral arguments would assist their decisions, they may allow the attorneys to present them. However, they do not hear from witnesses or the parties to the case.
Because an appeal is not a new trial, the justices do not consider any matters related to the facts of the case. Instead, appeals are based on errors of law that occurred during the trial.
What Outcomes Can I Expect If I Appeal a Personal Injury Judgment in Texas?
If an appellate court agrees to consider the appeal, the justices review the case and analyze the legal arguments by each party. There are three possible outcomes for a personal injury appeal:
- Affirm – The higher court agrees with the lower court’s decision. Therefore, nothing changes.
- Reverse – The higher court finds an error or legal basis to overturn the lower court’s decision.
- Affirm in Part – The higher court may affirm part of the lower court’s decision and reverse part of the decision.
If the higher court reverses the lower court’s decision, it could order the lower court to hold a new trial. Alternatively, the appellate court could order the lower court to reconsider the facts based on its review of the case.
Will My Personal Injury Case Go to Trial?
Your personal injury case will likely be settled through negotiations with the insurance company or at-fault party. Your case could be settled before the trial even if you file a lawsuit. Many lawsuits settle after discovery instead of going to trial.
Many factors determine whether your case may go to trial. Reasons why a personal injury case may go to trial include, but are not limited to:
- The parties dispute liability for the accident or personal injury.
- The opposing parties believe there is insufficient evidence to prove the elements of negligence or other grounds for liability.
- The at-fault party or insurance company disputes your case’s economic and non-economic damages.
- You believe you are entitled to more money for your pain and suffering damages.
- The insurance company and at-fault party allege that you are partially to blame for causing the accident (i.e., contributory fault).
- The insurance company does not want to settle your case because it could create a precedent for these types of claims.
- Your case involves complex issues and/or high-value damages.
Even if your case goes to trial, there is no guarantee that you will win. Juries are unpredictable. Therefore, your attorney will discuss any weaknesses that could go against you at trial and whether accepting a settlement might be the best option to resolve your case.
Get Help From a Fort Worth Personal Injury Attorney
Did someone injure you or your loved one? Reach out to a Fort Worth personal injury attorney for a free consultation. We can discuss your legal options and help you fight for the compensation you deserve at (817) 503-9200.
