Appealing a car accident case can be a complicated matter. There is always a risk associated with appealing a car accident case. Sometimes the verdict obtained may not be exactly the verdict the person wanted, but one would be risking more in filing an appeal. Individuals should be aware of the pros and cons before deciding on the course of action. Speak to an experienced lawyer about appealing a Dallas car accident case.
Appealing a Case
It’s important to remember that every case is unique. The ability to appeal depends on the specific facts of the case and specific decisions that were rendered at trial. At the conclusion of a case, if the client is unhappy with the result, they would have an option to file an appeal.
Under Dallas law, they do have the right to appeal, but the likelihood of success is going to be determined by the underlying facts and the applicable law as applied by the judge. Again, every case is different and the analysis of the likelihood of appeal is very fact sensitive.
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Can Appealing a Case Affect Damages?
If they initially lost at the trial court, if they went on appeal, then they would potentially be awarded their damages. As to the amount of damages, again, it’s going to be determined by the underlying facts. The appellate process is very uncertain process and the pros and cons need to be considered carefully before deciding whether or not to file an appeal.
How Often Can Someone Appeal a Case?
Typically, individuals have one chance to appeal the matter. If unsuccessful—in Dallas, they could appeal to the Appellate Division. If the case is unsuccessful at the appellate decision, sometimes the claimant has a right and an opportunity to have the Texas Supreme Court review the matter.
Sometimes the courts will review it on a discretionary basis. There are times when a case may have multiple appeals in the sense that an appeal has been granted and the matter has been sent back to the trial court and there has been another result and one of the parties appealed that matter for the second time—different permutations of how appeals can play out.
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Length Of Time To a Appeal a Case
The length of time for an appeal is difficult to predict. They can take anywhere from one to three years to turn in a final resolution. Every case is fact specific and difficult to predict. It might take several years to get a case to trial, but an appeal could add another few years on top of that increasing the case’s overall lifespan.
The settlement is often the most effective way to dispose of a car wreck lawsuit for everyone involved. It saves time, money, and unpleasant surprises.
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What Happens If The Appeal Is Lost?
One may or may not have an opportunity to appeal a second time to the Texas Supreme Court. If it is a discretionary matter, and the Texas Supreme Court decides not to hear the case, the case would essentially be over. Conversely, if the matter—if the Supreme Court decides to hear the matter, an individual may have another opportunity to present the case to trial.
Discuss Your Case With a Dallas Car Accident Attorney
A car wreck lawyer who’s experienced in appealing these cases will help their client understand the pros and cons of attempting an appeal, as well as the cost and risk associated with it. Fact-specific analysis that needs to be thoroughly explained to the client so the client can make decisions having all available information. It is important to speak to their attorney regarding an appeal and get all the information.
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