It can be possible that the court makes mistakes during the course of your
personal injury trial, which can cost you the compensation you rightfully are owed. If
you feel that the court made a mistake while evaluating your case, you
may be able to appeal the decision. An appeal isn’t another trial,
but rather a process that looks for legal errors, clerical errors, or
perceived errors in your case. An appellate court can reverse the trial
court’s decision and order a new hearing, if they find errors in
your case. Here’s what you need to know about appealing your case.
When You Can Appeal a Personal Injury Case
When you first file your injury claim, your attorney will likely try to
negotiate with the other party or their insurance company to settle for
an acceptable amount. If a settlement cannot be reached or your claim
is denied, your lawyer may recommend litigation. It is worth remembering
that you cannot appeal a settlement if you agree, so it is important to
ensure that the settlement amount will meet your needs.
If you go to litigation with your case, you will appear before a judge
and both parties will present their side of the case. After considering
both sides, the judge will make a ruling, which will be either in favor
of your case or against you. If the ruling is against you, and you believe
this is due to an error, you have the right to appeal your case.
Examples of errors that can be grounds for appeal include:
- The judge misinterpreted a law.
- The jury received incorrect instructions.
- An attorney in the case made a mistake.
If you plan to appeal your case, you must file your appeal within 30 days
of your judgment.
The Appeals Process
The appeals process is somewhat different from your personal injury trial.
An appeal hearing doesn’t involve a jury and the facts of your case
are not heard during the trial. Rather, your attorney will submit an appellate
brief, which explains exactly what errors occurred during the first trial
and which laws were misapplied or misinterpreted.
Your appellate brief is critical for a successful appeal since the judge
will be considering this document instead of the facts of the case. The
defense will also submit an appellate brief. In addition to briefs, there
may also be oral arguments presented by both sides. The presiding judge
may ask clarifying questions during the arguments, but you or other witnesses
will not be required to give further testimony.
If your appeal to the Texas Court of Appeals does not end in your favor,
you will have one last chance to appeal your case before the Supreme Court of Texas.
Why You Need an Experienced Appellate Lawyer
The truth is, your personal injury case appeal is far different from your
trial and requires a different set of skills. An appellate attorney has
the experience and knowledge to navigate your appeal process and draft
an appellate brief that will strongly support your case. Because of the
differences in these trials, it is critical to speak with a lawyer who
is deeply familiar with appellate cases.
Dean Law Firm, our team is ready to help you through your case. Our experienced and
personal injury attorneys are here to fight for you and ensure that you get the compensation
you deserve. Why wait to get help?
Contact our team to schedule a
free consultation. We offer Spanish-speaking services as well!