Appealing a McKinney Car Accident Case

Following a car accident, a person may be left with significant injuries and medical expenses. As a result, many injured individuals attempt to file lawsuits and request compensation to address their unexpected costs. Unfortunately, some of these cases are dismissed or the returned verdict is not the optimal result. In such scenarios, an injured individual may want to consider appealing a McKinney car accident case. If you or a family member suffered severe injuries following a car accident due to another person’s negligence and the case was dismissed or the verdict was not in your favor, contact a skilled car accident lawyer. They could review the factors surrounding the court’s initial decision and work to secure a more optimal legal solution. Call and schedule an appointment as soon as possible.

Appealing a Case

There are many reasons for a person to attempt an appeal and every litigant has a right to appeal their case to the first level, the Court of Appeals. Their right to appeal is regardless of whether a case is dismissed or the verdict is not optimal. The courts of appeals, however, are charged simply to look at judicial errors. Appealing because of an unfavorable verdict is not really the function of the appellate courts. Their function is to review for judicial error. A knowledgeable attorney who understands appealing a McKinney car accident case could work to identify potential judicial errors in the initial case and work to establish them in front of the appellate court. Furthermore, the decision to appeal also can come down to cost or whether it is economically feasible. For example, an attorney typically has to buy the appellate record and the entire transcript of the trial. This process is often expensive and may cost tens of thousands of dollars simply to obtain the record.

Impact on Damages Following a Positive Result in an Appeal

Whether appealing a case affects the amount of damages a person could win depends on the reason for the appeal. Some appeals can result in a new trial that could develop new evidence. Typically, the defendant is the one asking that the trial court be reversed and they render a take-nothing judgment. In Texas appellate courts, reverse-and-render situations are involved in intermediate-level court and the Supreme Court.

If a case has been reversed and rendered at the intermediate level, there may be an option of trying to take it to the Texas Supreme Court and get that verdict back. If the verdict at the Court of Appeals level is reversed at the Supreme Court level, the original judgment would be reinstated, plus pre-judgment interest and any post-judgment interest. There are situations in which a plaintiff feels the damages were legally insufficient, however, in the past, many courts have been fairly hostile to those claims. Sometimes, a jury may just simply disregard future pain and suffering, even though one has very clear evidence of pain and suffering. Sometimes these claims are brought on appeal, but a plaintiff may find it very difficult to get the verdict overturned as insufficient.

Common Considerations for Appealing a Case

In appealing their case, plaintiffs should be aware that the critical thing about appealing a case is called a waiver. This is a process in which courts attempt not to reach the merits of an appeal by saying those merits have been waived for one reason or another. It is critical that the plaintiff has not waived any of the errors. For instance, say that the court allowed a piece of evidence in that was absolutely prejudicial and had no probative effect on the case, but it was something that showed the plaintiff in a horrible light and had nothing to do with the case. That issue has to be preserved continuously, and adept defense lawyers who are familiar with appealing a McKinney car accident case will try constantly to use it.

Contacting a Dedicated Lawyer About Appealing McKinney Car Accident Cases

If your attempt to hold a negligent party responsible after a car accident failed or was dismissed, consider reaching out to an attorney who is well-versed is appealing a McKinney car accident case. They could examine the factors surrounding both your accident and your initial case and work to find an optimal legal solution. Call and schedule an appointment to get started on your case today.

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Zane Allen
Zane Allen
04:39 18 Dec 19
I was in an accident in March and had injuries resulting from the crash. Obviously my first call was to a doctor to get... checked out but was told I was going to need physical therapy. My second call was to the McCraw Law Group. They took care of all of the grunt work so that all I had to focus on was getting better. They were very communicative about the process, and better yet, they were incredibly responsive to any emails, calls, and questions. I was very appreciative and thankful for all of their hard work. They are a great group of people to work with when you’re needing the help.read more
Elisa Dean
Elisa Dean
15:38 16 Dec 19
I recommend The Mccraw Law Group to anyone who is hurt in an accident.My experience has been wonderful. They do the... best they can to get the most from the insurance company. My communications have been with Vanessa, Suzanne and Jason.Jason is very special to me. He understood my needs and was very caring and the sweetest attorney I have ever met. He was honest and did everything he could to bring my case to a conclusion.Vanessa and Suzanne are very sweet and are there to help every step of the way.read more
Fernando Salas
Fernando Salas
19:07 10 Dec 19
First time needing a lawyer. Everything went extremely smooth and quick. Mr. McCraw went to my house after my car wreck... and I knew at that point that I was in good hands. Everyone who works there are so nice and will answer any questions or concerns you have. Thank you guys for all of your help.read more
Adelyn Braswell
Adelyn Braswell
17:02 10 Dec 19
When me and my family recently got hit by a drunk driver. They helped us with everything we needed. We had so many... questions and didn’t hesitate to answer. It was our first time with any lawyer so they made everything so easy for us, and got it all done so quick. They did everything in their power to get us all the money we deserved. They were all so friendly and I would recommend them to anyone.read more
Courtney Brooks
Courtney Brooks
16:12 12 Sep 19
I had a wonderful experience from beginning to end with the McCraw Law Group. My case was accepted and I was kept up to... date on how it was proceeding, and when it came to a settlement, we got more than expected. Everyone was very kind, the court proceedings went smoothly and I was extremely satisfied. I will definitely use them again if anything else arises.read more
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