Crosley Law keeps a close watch on new Texas appellate decisions that affect personal injury victims.
In January 2026, for example, the Fourteenth Court of Appeals in Houston issued an important opinion in an Exxon refinery explosion case where Exxon challenged portions of what was awarded to plaintiffs. This decision provides further practical guidance on how Texas courts evaluate damages.
Many people assume that if a jury awards a certain amount, then that this is the final number a personal injury victim will receive. But in Texas, the process is not always that simple.
After a verdict, several legal steps can affect the final judgment. Judges may make certain adjustments, and appellate courts can reduce or set aside parts of a damages award if the evidence does not support it or if the law was applied incorrectly.
Tom Crosley, a San Antonio personal injury attorney, discusses how post-trial review works and why some damages awards change after trial. If you have questions about your specific case, you are always encouraged to contact us to request a free consultation.
Key points of discussion
- A jury verdict is important, but it is not always the final word. Courts can review whether the evidence supports the damages awarded.
- Courts distinguish between “no evidence” problems, “too much” problems, and “definition” problems. The remedy depends on which one applies.
- Remittitur is a common tool: a court can require a reduction of an excessive award.
- Courts treat different kinds of challenges differently. Some challenges can reduce the amount awarded, while others wipe out a category entirely.
- Well-organized, specific damages evidence helps protect a verdict from reduction.
What happens after a Texas jury verdict?
After the jury returns a verdict in a Texas personal injury case, the trial judge enters a judgment. Before judgment becomes final, the parties can file post-trial motions. Common post-trial tools include:
- Motions challenging the legal sufficiency of the evidence
- Motions claiming the award is excessive
- Motions requesting a new trial
- Requests for remittitur, which is a reduction of damages
If the case goes to appeal, the appellate court reviews whether the trial court’s judgment is supported by the evidence and consistent with Texas law.
The main ways damages get challenged
Award amounts are appealed in three common ways:
Legal sufficiency challenges (“there is no evidence”)
A legal sufficiency challenge argues that there is not enough evidence to support a damages award as a matter of law. If an appellate court agrees, it can remove that damages category from the judgment.
This is most likely when the evidence is vague, conclusory, or missing an essential element. For example, if the law requires proof of a substantial functional loss for a certain damages category, and the evidence is thin, that category becomes vulnerable.
Excessiveness challenges (“the amount is too high”)
An excessiveness challenge argues that some damages were proven, but the amount awarded is not supported by the evidence. In these situations, courts often consider:
- What the evidence showed about severity, duration, and impact
- Whether the damages number has a reasonable basis in the evidence
- Whether the number appears untethered from the proof
If the court finds the award excessive, the usual remedy is not automatically a new trial. Often, the court will require a reduction.
Charge and legal definition issues (“it doesn’t match the wording”)
Texas courts often measure evidence against the definitions that were given to the jury in the charge. If a definition is stricter than it should be and no one objected, the court may still apply it. That can change the analysis of whether the evidence is enough.
These definitions matter greatly for Texas personal injury attorneys and the victims they represent. Trial preparation is not only about telling the story, but also making sure the jury is asked the right questions under the right standards.
Remittitur: The most common way an award gets reduced
Remittitur, discussed under Rule 46 in the Texas Rules of Appellate Procedure, is a process where a court determines that the evidence supports damages, but not in the amount awarded. The court then orders a reduction to the maximum amount supported by the evidence.
If the plaintiff accepts the reduction, judgment is entered for that reduced amount. If the plaintiff does not accept it, the issue may be returned for a new trial on that damages element.
From a practical standpoint, remittitur is often used for noneconomic damages where numbers can vary widely, such as:
- Mental anguish
- Pain and suffering
- Physical impairment
- Disfigurement
What might happen when awarded damages are challenged?
The court will treat various challenges differently based on their criteria and surrounding circumstances. Some of these options include:
When a court can remove damages entirely (render)
If there is no legally sufficient evidence for a category, the court can remove it from the judgment. This is the harshest outcome, and it often occurs when the proof was not specific enough to meet the legal standard.
When a court may send the issue back (remand)
If there is evidence of damages but something went wrong in the process, the court may send the issue back for further proceedings, often a new trial on damages. This can happen with certain charge errors or when the court determines the case needs a new evaluation under the correct standard.
When a court reduces the number (remittitur)
Remittitur is commonly applied if the evidence supports damages but not the amount awarded.
Appeals matter in all personal injury cases, including those that go to settlement
Insurers and defense lawyers evaluate cases with appeal risk in mind. If they believe a verdict would be reduced due to proof problems, they will often discount settlement value.
An experienced San Antonio personal injury attorney also knows this and will do everything in their power to build a strong case that is more difficult to challenge. The best way to protect a case value is to build damages proof that is clear, specific, and organized.
How personal injury attorneys make damages more defensible
Being specific and detailed
Courts are skeptical of broad statements without detail. Specific evidence regarding damages is harder to attack and easier to defend. Experts in medicine, engineering, and other fields can further define this evidence and how it applies to a victim’s injuries.
RELATED: The role of expert witnesses in Texas personal injury cases
Cleanly separating damages categories
When evidence for different categories is blended, defendants can argue that the plaintiff is trying to “double dip” on recovery via overlapping. A clean structure helps provide clearer stories and preserve awards.
Using timelines
A timeline helps show duration and progression in a personal injury case. It supports both the existence of damages and the reasonableness of the amount.
Corroborating the details of a victim’s injuries
Family, coworkers, photographs, and consistent medical records help provide credibility and severity in personal injury cases by clearly establishing how injuries have changed a victim’s life.
RELATED: Why “before and after” witness testimony can make or break a personal injury case
Expressing a reasonable basis for the damages amount
For non-economic damages, the strongest presentations from your personal injury attorney will explain why the requested amount fits the evidence of severity and duration. Relying on slogans or round-number rhetoric will not be enough.
RELATED: Why net worth matters in personal injury cases—and how it can affect your compensation
FAQs about damages answered by a San Antonio personal injury attorney
If a jury awards damages, do I automatically receive that amount?
Not always. Post-trial motions and appeals can affect the final amount.
What is the most common reason damages are reduced after a personal injury trial?
Damages are most often reduced when a court concludes the amount is not supported by the evidence, even if some damages were proven.
Can a court remove a damages category entirely?
Yes, if there is not legally sufficient evidence to support that category.
What does “remittitur” mean in plain English?
It is a court-ordered reduction of damages. This reduction is often made to the maximum amount of what is believed supported by the evidence.
Does an appeal always mean a new trial?
No. Appellate outcomes vary. Courts can reduce numbers, remove categories, or send issues back depending on the error found.
How Crosley Law pursues fair award and settlements
Trial work is not just about persuading the present jury or judge. It’s also about building a record that can hold up to potential challenges.
At Crosley Law, our San Antonio personal injury attorneys focus on building proof of damages that is specific, well-organized, and supported by credible documentation and witnesses. That approach helps reduce appeal risk and supports case value in settlement negotiations.
We put in the work with evidence gathering and research to present strong personal injury cases. That includes cases involving car accidents, commercial vehicle accidents, and brain injuries—the latter for which Tom Crosley is an oft-consulted legal specialist.
RELATED: Our results
Call Crosley to discuss your personal injury case
If you have questions about the value of a serious injury case in Texas, including how damages are proven, and what can happen after a verdict, Crosley Law can help you evaluate the facts and explain the process.
We represent personal injury victims across Texas, including San Antonio and Bexar County. Call (210) LAW-3000 or submit a consultation request through our contact form.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
