One of the more common questions that a personal injury lawyer Arlington TX can provide might receive is whether it’s possible to appeal a case. Appealing a personal injury lawsuit ruling can take a great deal of time and dedication, but it certainly is possible for circumstances where the injured plaintiff did not receive a fair settlement.
The legal team at Brandy Austin Law Firm, PLLC, recently won a major reversal case for our client in the Second Court of Appeals. To give our current and prospective clients a better understanding of how the appeals process might work under the careful counsel of a personal injury lawyer Arlington TX trusts, we’d like to discuss some of the details about our client’s recent success story.
Our client, Terry Revell, initially filed a lawsuit against the company Morrison Supply Company, LLC (Morrison Supply). Revell stated that in February 2013, while he was on the premises of Morrison Supply (as a non-employee), he was injured when 4,000 pounds of piping fell on him. Revell stated that an employee of Morrison Supply was responsible for the accident, which left Revell with severe injuries.
With the counsel of a personal injury lawyer in Arlington TX from Brandy Austin Law Firm, PLLC, Revell sued Morrison Supply for negligence.
The Personal Injury Case
The initial court decision was in favor of Morrison Supply and dismissed the case without giving Revell a chance to pursue financial damages.
During the trial, it became a point of contention that Revell had previously filed for chapter 13 bankruptcy when the accident occurred. Morrison Supply answered Revell’s allegations by stating that he “lacked standing.” In other words, the damages that Revell would receive in a settlement would be based on an injury that would technically be property of the bankruptcy estate. Because Revell would no longer have “any interest” in the potential damages he might receive in the case, the court chose to rule in favor of Morrison Supply.
Appealing the Court’s Decision
Evidence suggested that Revell had not included a potential settlement from Morrison Supply as an asset in any documents filed in the bankruptcy court.
However, there were two major problems with this argument: Firstly, Revell’s spouse had verbally informed Revell’s bankruptcy trustee about the injury. Secondly, Revell learned well after filing for bankruptcy that he had any grounds for pursuing a lawsuit against Morrison Supply. As a seasoned personal injury lawyer Arlington TX has to offer might attest, it’s possible for accident victims to discover that they can take legal action to pursue financial damages long after the actual accident occurred.
The appeals process can be very lengthy, but our client chose to pursue an appeal with counsel from an Arlington TX personal injury lawyer at our firm. On August 29, 2016, the Second Court of Appeals chose to overturn the trial court’s “take-nothing judgement” on Terry Revell v. Morrison Supply Company, LLC. Revell now has the ability to pursue financial damages in a lawsuit against Morrison Supply, and Morrison Supply has also been ordered by the court to cover all costs of the appeal.
Contact a Personal Injury Lawyer Arlington TX Residents Know and Trust
At Brandy Austin Law Firm, PLLC, we’re proud to win such a major appeal for one of our clients. It’s our mission to provide exemplary legal counsel to local residents — no matter how complex the case may become. This recent successful appeal shows that with enough dedication, it’s possible for a skilled legal team to overturn an unfair ruling for a legitimate accident victim.
If you’ve suffered injuries at the fault of another person or entity, or if you’ve received an unfair ruling in a previous personal injury case, our firm may be able to help. To speak with a personal injury lawyer Arlington TX respects, contact Brandy Austin Law Firm, PLLC, at 817-841-9906 or fill out a short form on our website.