I slipped and fell in a large grocery retailer. I have and am still receiving treatment for my injuries. After 3 years we went to trial. On the last day of trial my attorney told me no need for you to be present for jury verdict. I called after and my attorney said "the jury found no one at fault I will call you later". It has been 30 days and my attorney will not return my call to answer my questions, or explain anything to me. I have called his office 8 times in 30 days. Today the office secretary promised me that today my attorney would call me but he did not. What can I do?
Talk to another attorney tomorrow, find out if the time to appeal is over. It sounds like your present attorney is evading you. An appeal is costly and if you win it probably would result in you having to go to trial again. I do not practice in Texas, so you need to look for an appellate attorney in your city, try the tab above "find a lawyer"
You may already know this, but dissatisfaction with the outcome is not a basis for appealing a jury verdict. Your attorney would have to be able to point to harmful error that was made by the trial court that affected the outcome of your trial. Your attorney can file a motion for new trial with the trial court, and if that is denied then there would be the option to go to the Court of Appeals. I would tell you though that the probability of the jury's verdict being overturned on appeal is low.
You might want to ask your attorney for copies of the juror information cards showing contact information for people who were jurors. I usually send out a letter after a trial asking them to call or email me so I can better understand how they reached their verdict (if I didn't get to talk to them afterward that is).
Lars A. LundeenPersonal Injury LawyerRutland, VT ·
Usually, you only have about a 30 day window to appeal an adverse jury verdict. You should find out ASAP whether or not you have any grounds for a possible successful appeal. You also should find out exactly when the statute of limitations on any appeal will run. If I were you, I would park myself in the attorney's lobby until he spoke with you personally. When all of this is over, I would suggest you file a complaint with the State Bar disciplinary committee concerning the attorney's failure to communicate with you 8 different times since the adverse jury verdict. This should not have happened.
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Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.
