Appeal

Definition

An appeal is a legal proceeding in which a party who loses in a lower court asks a higher court to review the decision for errors. Appeals focus on whether the trial court made mistakes in applying the law, admitting or excluding evidence, or instructing the jury—not on re-examining the facts. The appellate court reviews the trial record and written arguments (briefs) from both parties to determine if the lower court’s decision should be affirmed, reversed, or modified.

How It’s Used in Personal Injury Cases

Either party can appeal after a trial verdict. A defendant who loses may appeal, arguing the verdict was excessive, the jury instructions were improper, or the judge made erroneous evidentiary rulings. A plaintiff may appeal if they lose entirely or receive an inadequate verdict due to trial errors. In Texas, appeals from district courts go to one of 14 intermediate courts of appeals, with potential further review by the Texas Supreme Court. Appeals are expensive, time-consuming, and statistically unlikely to succeed—appellate courts typically affirm trial court decisions. However, the threat of appeal can affect post-trial settlement negotiations.

Practical Example

You win a $150,000 verdict in a trucking accident case. The defendant’s insurance company threatens to appeal, arguing that the trial court improperly admitted evidence of the trucking company’s prior safety violations and that the jury’s pain and suffering award was excessive. Your attorney evaluates the appeal threat by considering: (1) whether there are legitimate appealable issues, (2) the likelihood of success on appeal, (3) the post-judgment interest rate that accrues while the appeal is pending, and (4) whether accepting a slightly reduced amount now is preferable to years of additional litigation. Ultimately, the case settles for $140,000 rather than facing years of appellate proceedings.

Why It Matters to Your Case

The possibility of appeal affects settlement strategy throughout litigation. Insurance companies may use appeal threats to negotiate reduced settlements after losing at trial. However, appeals are expensive (transcript costs, attorney’s fees for briefing and oral argument), time-consuming (often 1-2 years or more), and statistically unlikely to succeed—particularly in smaller cases where appellate courts are reluctant to disturb jury verdicts. In Texas, appellate court statistics show that the Texas Supreme Court grants review in only about 10-15% of petitions filed. Understanding these realities helps you make informed decisions about post-verdict settlement offers.

Key Takeaway

An appeal asks a higher court to review a lower court decision for legal errors. While appeal threats can affect settlement negotiations, appeals are expensive, time-consuming, and statistically unlikely to overturn trial court decisions.