What if I Lose My Personal Injury Lawsuit?

If you’ve never been involved in the legal process before, the idea of losing a personal injury case and then appealing the judgment can seem daunting. Is it even possible to file an appeal in your situation? If so, how? How do appeals work? Will it mean you will have to go through a trial again?

These and many other questions are very common when people lose a personal injury lawsuit. Though you should always speak to your attorney about the possibility of appeal, here is some basic information you can use to help you get a better understanding of how appeals work.

Deciding to File a Personal Injury Appeal

Let’s start with an example. Let’s say that you suffered an injury after slipping and falling on private property. You then sue the property owner because you suffered an injury that required you to pay for extensive medical care, treatment, and rehabilitation costs. You filed your case, engaged in settlement negotiations, and when those negotiations didn’t work, you went to trial. After presenting your case the jury ruled against you. Now what?

Now, you have to decide if you want to file an appeal. An appeal, unlike a trial, doesn’t involve either you or the defendant presenting evidence. Instead, when you file an appeal your lawyer will file what is known as a brief. In this brief, the attorney will argue certain legal points. Depending on the kind of case you have, your attorney might, for example, argue that the trial court judge made a mistake when he ruled that certain evidence was or was not permissible.

The key distinction here is to know that if you file an appeal you are essentially making an argument with a different court that the trial court made a mistake.

Appeals Lawyers

Depending on the circumstances of your case and the legal questions involved, you might not use the same attorney you had when you went to trial. Some attorneys specialize in personal injury trials and settlement negotiations but don’t handle appeals.

On the other hand, some attorneys specialize in researching, writing, and arguing appeals before appellate courts. Whether you should use your current attorney or find another lawyer to help with the appeal is something you’ll have to decide.

Appeal Outcomes

Because an appeal is not a trial, you might be wondering what an appellate court can do for you. There are three basic outcomes that can usually result from the case of an appeal.

Affirm. When an appeals court hears a case and decides that the trial court did not make a mistake, it will affirm the trial court’s decision. This means that the appeals court will not do anything to change or modify what the trial court decided.
Remand. In some situations, the appeals court will determine that the trial court used the wrong legal standard when making a decision. When this happens, the appeals court can remand the case back to the trial court, essentially ordering a new trial or a new part of a trial.
Reverse. If the appeals court agrees with you and says the trial court made a mistake, it can also reverse or overturn the trial court’s decision and rule in your favor.

Of course, the outcome that you might be able to achieve with your personal injury appeal is not something you will be able to determine on your own. You should only decide to file an appeal after consulting with your attorney, weighing your options, and thinking about what you feel is best for you.

Accidents With Out-of-State Vehicles

Personal Injury Lawyers » Accidents With Out-of-State Vehicles

Issues and Concerns You May Have About an Injury Accident With a Car From Another State

Typically, when you are involved in a car or truck accident the other motorist will also be from Texas. While no accident is easy or stress-free in resolving, it is much easier when both motorists are from the same state. It can be much more difficult to resolve a car accident claim when the parties involved are from different states. This creates numerous problems; you should always seek an attorney to assist you when this conflict arises. Out of state motorists will likely be working with an attorney to represent them, their state may have different insurance requirements, and their state might have different laws which could greatly affect the outcome of the dispute.

Out of State Insurance Companies

Most insurance companies can be incredibly difficult to deal with. Their objective is to spend as little money as possible and frequently they are indifferent to your personal problems resulting from an auto accident. They hear sad stories every day and are trained to react without emotion to your misfortune. No matter how much you plead with them and explain in detail why you need them to pay for your medical bills or car repairs, they will deny as many claims as possible and often attempt to give you the smallest amount of compensation. Combine these issues without of state insurance companies and negotiating a settlement with them can seem almost impossible. Many types of documents and various forms of evidence will need to be sent to these out of state insurance companies which can prove difficult when met with certain deadlines. Additionally, if the insurance company is located in a different time zone simply talking to them on the phone can prove incredibly challenging. You need an attorney who can assist you with this complicated and tiring process. Our job is to help you so that your regular life is disrupted as little as possible and to make sure that you receive the compensation necessary for your recovery. We are experienced in negotiating claims with out of state insurance companies and understand how to make this process work in your favor.

Out of State Attorneys and Conflicting Laws

Many out of state drivers cause car accidents because they are not familiar with our traffic laws and are unfamiliar with our roadways. Similarly, other states have different court procedures and common practices that could harm you if you become subject to them. For every accident, there are numerous potential avenues to file a claim. Most often the claim is filed and settled in the district of which the accident occurred, but occasionally, people will attempt to move the venue to their home state. This could create numerous problems for you and limit your potential recovery. Their attorney will be fighting relentlessly to have the claim filed in their state. This makes the negotiating process easier on their client and could also result in them being favored in court. Many other states have very different laws, like Louisiana which follows the Napoleonic Code, and these can sometimes be incredibly detrimental to your claim and subsequent recovery. You need an attorney who will help you keep the case here in Texas. Our attorneys have a great deal of knowledge about different venue locations and can help you determine which venue would be most beneficial to your case. Once we determine which venue is best suited for your argument we can help make sure that this is the court that the claim is judged.

Do you have a legal issue or question? Call us now.

Out of State Claims Can Be Costly

By helping to make sure that your claim remains in Texas, we are helping to save you money. If the claim is filed and settled out of state you will be forced to send all relevant documents to that state and in many cases, you will be forced to travel there as well. You should not be punished simply because another person chose to travel to Texas and ultimately involved you in a car accident. They chose to travel to this state and they should be required to adjudicate any claims against them in this state. Costs for adjudication can skyrocket when you are forced to travel to a different state. For example, if the person who hit your car is from New York and they seek to have the case resolved in New York you would have to pay for all travel expenses when you go to New York to resolve the claim. This would include airfare, hotel accommodations, and local travel expenses such as rental cars or taxi cabs. You could also lose money when you are forced to miss work for several days due to traveling. If you have been involved in a car accident with an out of state motorist, call our law office any time, day or night, for a free consultation. more information here @ https://caraccidentattorneysa.com/car-accident-lawyers-san-antonio/

Car Accident Attorneys Texas – Auto Crash Lawyers

Accidents are bound to happen; and the only way to truly avoid them is to lock yourself up in a room and never come out. Life isn’t about being open to accidents or even allowing it to happen. You should accept that accidents cannot be avoided and it is best to prepare yourself for anything that may come your way. This is exactly why people take precautionary measures should something dire occur. When grim situations do happen, it is better to be prepared than be caught off-guard. If you live in Texas, consider hiring an accident attorney to have all your accidents covered.

Being involved in an accident can be very stressful, most especially when you reach an argument. In an auto accident, for example, while you’re cruising down a highway, you ram into a van that crossed you over. You know it isn’t your fault, but the van driver is not giving up without a fight. For situations like these, you need an auto accident attorney to help settle things for you so you can avoid fighting. Fighting in the middle of the road is not going to get you anywhere. You’ll only be hurling arguments back and forth.

When it comes to hiring an accident attorney, there are a couple of things that you need to remember. Hiring someone who isn’t skilled enough or doesn’t have good background could give you further complications. You could end up losing the case as well. An accident attorney can remind you of your rights and the laws of your state, so you can file a case with confidence. Hiring the best attorney is crucial, most especially when you find yourself in a very perplexing accident. If you want to get your hands on the best accident attorney, then a couple of tips should help you get started.

Knowing where to find one is possibly one of the hardest phases in looking for an attorney. What you need is someone trusted and experienced, so go ahead and ask for referrals from your friends or peruse the newspaper or the phone directories for an accident attorney. If you know of a local lawyer agency, then go ahead and pay their company a visit. Ask for an accident attorney and discuss what you want with him. Once you meet your attorney, always remember to conduct a short interview before hiring him, and also find out if he has enough experience and a flawless record.

A good accident attorney is good with damages and injuries. Before making your hire, try to see if the two of you can meet eye to eye. Is the person easy to talk to? Does he have good communication skills? At what times of the day will I be able to talk to him, and how will our exchanges take place? These are just a few things you need to ask yourself before making your hire. Your goal is to end up with a well-rounded attorney who can handle all your accident cases. It is very important to be very meticulous about your attorney’s credentials. If you do not like what you see, consider hiring someone else.

Accidents are more than just vehicular accidents. Misadventures happen in a lot of forms, and you need to be assured that you are covered with these too. An accident attorney can be many things at once, but some have their specializations. There is a truck accident attorney, an auto accident attorney, a boating accident attorney, and an injury attorney. These people are dedicated to help you out, no matter what your case may be.