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Appealing a Texas Personal Injury Case

Appealing a Texas Personal Injury Case

If you bring a personal injury claim that does not settle and ends at trial, the jury will most likely determine the outcome of your case. It is the judge, however, who sets the “landscape” for your case. It is the judge who makes all rulings regarding pretrial evidence and other determinations, and as such, he or she will likely play a highly determinative role in how your case is decided. If you have been injured in an accident that was caused by someone else’s negligence, you need the professional legal counsel of a skilled Central Texas personal injury lawyer.

The Trial Judge

Judges are elected officials who sit on the bench presiding over cases like yours as impartially and fairly as possible. In fact, most judges make every effort to do just that, but the fact remains that they are also human beings, which leaves them vulnerable to biases based on their own life experiences and opinions. Just like anyone else, a judge can have a bad day at work, can be influenced by a terrible night’s sleep or by an oncoming cold, or can be affected by virtually any other factor. In other words, just like anyone else, trial judges are subject to making mistakes, and that is where the appellate process comes into play.

The Appellate Process

Appellate courts are intended to resolve conflicts that arise when two different trial courts rule differently on the same matters and to correct any incorrect applications of the law (such as can happen in personal injury cases). The Texas appeals process must follow the Texas Rules Of Appellate Procedure, and this generally includes only addressing those issues that are raised on appeal.

If you are filing an appeal, you must be able to show that you made a complaint to the trial court “by a timely request, objection, or motion.” Your objection or complaint must be stated on the record so that the presiding judge is given the opportunity to rule appropriately. This is complicated by the fact that raising an objection in and of itself may not be enough – if the basis for your complaint is not made clear or is not clear in relation to the context of your case, your complaint could be waived in relation to appellate review. In other words, you need an experienced personal injury attorney.

Your Personal Injury Claim

Personal injury claims are often exceedingly complicated, and there is no guarantee that your judge will clearly understand every element brought before him or her. This is why it is critical that you preserve each significant component of your case for appellate review should it become necessary. If someone else’s negligence has left you injured, you need an experienced Central Texas personal injury attorney to help ensure that your rights are well protected throughout the legal process.

Consult with an Experienced Central Texas Personal Injury Lawyer Today

If someone else’s negligence has left you injured in an accident, Attorney Brett H. Pritchard at The Law Office of Brett H. Pritchard in Central Texas has the experience, dedication, and skill to help guide your claim toward its most positive resolution. For more information, please contact or call us at 254-501-4040 today.
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