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.
Contact a Lawyer About Appealing a McKinney Car Accident Claim
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 in 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 with one of the committed lawyers at our firm to get started on your case today.