Legal Question in Civil Litigation in Texas
accept jury awarded settlement
Do you have to accept a jury awarded settlement, if a personal injury case goes to trial?
1 Answer from Attorneys
Re: accept jury awarded settlement
By "jury award settlement" I assume you mean a jury verdict. Possible answers are:
The verdict is not supported by the evidence or by insufficient evidence, in which event the judge can set it aside and enter a judgment against you (no evidence) or order a new trial (insufficient evidence);
OR, if supported by the evidence but clearly excessive, the judge can order a remittitur (meaning order the plaintiff to accept a lesser amount under threat of granting a new trial if the lesser amount is not accepted);
OR, if the verdict is for the plaintiff and the award is clearly insuffient, the judge can award a new trial;
OR, if the verdict is against the plaintiff and the verdict is against the great weight and preponderance of the evidence, the judge can order a new trial.
A plaintiff is not required to accept the award. He can refuse payment or not pursue payment by means of writ of execution or other means; or, he can move for a new trial; or, if a remittitur was ordered, he can accept the remittitur or refuse the remittitur (which means a new trial).