When a personal injury lawsuit goes to trial in Texas, the outcome isn’t guaranteed for either side; it is in the court’s hands, whether the fact finder is a judge or a jury. If the jury returns an unfavorable verdict or the judge makes a ruling that you believe was legally incorrect, you may have the option to challenge that decision by filing an appeal.
Learning how appeals work is important for anyone involved in a personal injury case. Continue reading to learn what an appeal is and when it may be the right next step for you.
What Is an Appeal?
An appeal is a formal request to a higher court to review an order or decision of a lower court. The purpose of an appeal is not to retry the case or present new evidence. Instead, it focuses on whether legal errors were made during the original proceedings that may have affected the outcome.
Examples of errors you can appeal may include:
- Improper admission/exclusion of evidence
- Incorrect jury instructions
- Misapplication of a legal standard
- Abuse of discretion by the trial judge
- Insufficient evidence to support the jury’s verdict
For instance, if a judge allowed eyewitness statements in a car accident case that should have been excluded, that issue could form the basis of an appeal. The appeals court will review the trial record and determine whether the errors were significant enough to warrant a different result.
It is also worth noting that the appellate court gives a significant amount of deference to the trial court’s factual findings. This means that simply disagreeing with the jury’s conclusion is usually not enough on its own. Your attorney will need to point to specific legal mistakes that affected the fairness of the proceedings.
How Does the Appeals Process Work in Texas?
The appeals process in Texas follows a structured timeline with several important steps. Missing any of these deadlines can result in losing your right to appeal, so acting quickly is essential.
Once a final judgment is entered by the trial court, the appealing party, known as the appellant, must file a notice of appeal. In most civil cases in Texas, this notice must be filed within 30 days of the date the judgment was signed. There are limited circumstances where this deadline can be extended, but they are rare.
From there, the process generally moves through the following stages:
- The appellant’s attorney prepares and files a written brief explaining the legal errors that occurred during the trial
- The opposing party, known as the appellee, files a response brief defending the trial court’s decision
- The appellate court reviews both briefs along with the trial record
- In some cases, the court may schedule oral arguments where both sides present their positions in person
- The appellate court issues a written opinion with its decision
This process can take several months, depending on the complexity of the case and the court’s schedule. Appealing a decision is not meant to be a quick fix, but it can be a powerful tool when genuine legal errors affect the outcome of your trial.
Can I Appeal a Settlement?
One common misconception is that you can appeal a settlement. In most cases, you cannot. When you agree to a settlement, you are voluntarily resolving the case and typically signing a release that prevents further legal action. Appeals are generally only available after a trial court has entered a final judgment.
This is one reason why it is important to have an experienced personal injury attorney advising you before you agree to any settlement offer. Once you sign, your options become very limited.
What Happens if My Appeal Is Successful?
If the appellate court finds that a reversible error occurred, several outcomes are possible. The court may send the case back to the trial court for a new trial. In other situations, the court may modify the judgment itself, such as adjusting the amount of economic and non-economic damages awarded. In rare cases, the court may reverse the judgment entirely.
Keep in mind that a successful appeal does not always mean you win your case outright. In many instances, it simply means you get another chance to present your case at the trial level with the legal errors corrected.
Contact Trial Tribe Injury Lawyers for a Free Consultation With a Fort Worth Personal Injury Lawyer Today
If you believe that legal errors affected the outcome of your personal injury trial in Texas, filing an appeal may be worth exploring. These cases require a thorough understanding of appellate procedure and the ability to identify issues in the trial record that a higher court is likely to take seriously.
Reach out today at (817) 400-5000 to our Fort Worth personal injury attorneys from Trial Tribe Injury Lawyers for a free consultation. It may still be possible to file an appeal and receive a favorable outcome for your case after all.