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?


Asked on 1/08/06, 3:03 pm

1 Answer from Attorneys

Charles White Charles G. White

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).

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Answered on 1/08/06, 3:47 pm


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