After a personal injury case in Fort Worth, Texas, goes to trial and a jury returns a verdict, the case is not necessarily over. Either party to a case can appeal a personal injury verdict in Texas. If you are a plaintiff in a personal injury case, you should know your appeal rights.
What is an appeal? An appeal is a legal procedure when a side in a case disagrees with the decision of a jury or judge after a personal injury trial. If either side disputes the verdict and believes they have legal grounds to appeal, they have a short amount of time to file an appeal.
What Are the Grounds for Appeal in Texas?
If a party does not prevail in a Texas personal injury trial, they could have a legal basis to appeal in certain situations. Grounds to file an appeal can include:
- Juror misconduct: Jurors in a personal injury trial have detailed instructions to follow. If jurors don’t follow instructions and engage in improper conduct, they could supply grounds for an appeal. Examples might include failing to notify the court about conflicts they have in the case, talking about the case outside of court, or using information they find online as part of their decision. Misconduct could open the door for an appeal.
- Clear error by the judge: Sometimes, a judge might apply the law incorrectly, block evidence that should have been allowed, make inappropriate comments, or make other mistakes during the course of a trial. Errors by the trial judge can lead to an appeal. However, an appeal can’t be based on a mere disagreement with the judge’s decision. An appeal must be based on a clear error of fact or law made by the trial judge.
- Ineffective assistance of counsel: While this is more common in criminal cases, if a trial lawyer falls far short of their duties in representing a client, a party can appeal the outcome of their trial. The client must be able to point to specific instances in which their lawyer failed to provide effective legal representation.
If you are not satisfied with the outcome of your case and believe you should appeal the verdict in your personal injury case, a Fort Worth personal injury attorney can review the case and help you plan your next steps. An appellate lawyer will review the transcript from your trial and the evidence used, paying close attention to any errors made at the trial level.
Can I Appeal if My Personal Injury Case Was Settled?
Most personal injury cases are settled without the need for a trial. In fact, over 90% of personal injury claims will be settled one way or another before trial. Often, for example, the defendant’s insurance company will agree to settle the case in order to avoid the cost of a trial. During a personal injury case, the attorneys for both sides might agree on a fair settlement amount to cover the plaintiff’s damages.
If your personal injury claim is settled, a settlement agreement will contain all the terms of the deal. Almost all settlement agreements require that the claimant can’t bring a lawsuit in the future involving the same facts and allegations. The settlement agreement is binding and ends the claim entirely once payment is made. For these reasons, a settlement can’t be appealed to a higher court.
If you are engaged in settlement talks in a personal injury case, it is absolutely critical to have skilled legal representation on your side. Since you cannot appeal a settlement, you need to make sure the terms of the agreement are fair and cover your damages.
What Are the Steps to Appeal a Personal Injury Case in Texas?
In Texas, certain steps must be followed to appeal a verdict in a personal injury case. Texas appellate courts have detailed rules about how appeals are filed and the documents they will need to process an appeal. To appeal a case, you should:
- Consult a Fort Worth personal injury and appeals lawyer: Attorneys with experience handling appeals can review your case and identify the facts that might provide legal grounds for filing an appeal. Appeals are a complex process – even for seasoned lawyers. You want to hire an attorney with significant experience handling appeals in Texas.
- Identify the appellate court you need to file with: Your appeal will take place in a court different from the one where your trial was held. They will have their own detailed rules and procedures to follow.
- Identify the evidence to be reviewed in your appeal: At the appellate stage, you are limited to the evidence that was used at trial. Issues with evidence from your trial can be part of your appeal.
- File a brief to make your argument: The appellate court will review the transcript, evidence, and briefs from both sides, explaining why the court should rule in their favor. Experience counts–well-trained appellate lawyers will know how to present their arguments in a convincing manner.
- Expect a decision: After a review of all information and arguments made in the appeal, the court will issue a decision. This will typically be a written decision that arrives weeks after arguments are made.
Appealing a personal injury case in Texas is a detailed and time-consuming process, best handled by attorneys with experience in appellate work. The appeals process can be worth the effort, however, if you feel you were wronged at the trial court level.
A Fort Worth, Texas, Personal Injury Lawyer Can Help With Your Appeal
After a verdict in a personal injury case, you have a right to appeal the decision. To file an appeal, legal grounds must exist, and you must follow strict procedures and deadlines. To learn more about filing an appeal–reach out to an experienced Fort Worth personal injury lawyer at Anderson Injury Lawyers to schedule a free consultation.