Trial Proof, Jury Charge, and Post-Verdict Judgment

For the broader framework, see the Texas injury claim value and litigation hub and the guide to how Texas injury claims are valued.

Connect each charge question to proof

A proposed charge gives counsel a way to test the case before trial. Take each liability, causation and damages question and identify the witness or exhibit that supports it. The proof must fit both the legal theory and the time period in question. That exercise belongs early in preparation, when a gap may still be addressed. The current Texas Rules of Civil Procedure, statutes, controlling decisions and Texas Pattern Jury Charges inform the work; none replaces tailoring the charge to the particular case.

The charge should not acquire an allocation question merely because someone has been mentioned in the case. There must be admissible proof for the responsible persons and issues counsel seeks to submit. On damages, the evidence should explain what each claimed loss consists of. The same limitation cannot simply be relabeled as pain, impairment and mental anguish and assigned three prices. Keep the required time periods distinct, and check that a projected treatment expense has not also been included in another category.

Prepare the record behind the numbers

A working charge-to-proof map can expose a missing link while the record is still being developed. The examples below are planning prompts, not proposed jury instructions. Counsel must determine which questions and definitions fit the pleadings, evidence and controlling law.

Next, prepare the admissibility foundation for each kind of proof:

Surgery recommended only if conservative treatment fails should not appear in a damages presentation as unconditional treatment.

The requested charge, expert opinions and planned argument should describe the same supported theory of the case. If discovery has led to a change, explain why and revise the proof accordingly. Counsel should retain the charge requests and the record of objections and rulings. Evidentiary objections and rulings must also be addressed when required. Preservation and post-verdict review depend on the applicable rules and deadlines, not simply on having raised a concern at some point in the trial.

Reconcile the verdict before projecting a judgment

After the verdict, check that the answers fit together and apply the court’s charge and governing law. Texas Civil Practice and Remedies Code Chapter 33 addresses proportionate responsibility and related consequences. Which provisions apply depends on the parties, claims and findings.

Settlement agreements may affect the amount entered as judgment. Read them with the applicable credit provisions, any joint-and-several-liability rules and statutory limits before making an adjustment. Each credit needs an identified legal basis. Interest, taxable costs and other adjustments must likewise be calculated under the governing law and court orders. Check the deadlines for the case rather than assuming that the accounting can wait.

Show why a verdict is not the recovery

Take a hypothetical claim governed by Chapter 33. The jury finds $900,000 in damages and assigns the claimant 30% of the responsibility.

Insurance, collectible assets and appeal risk remain unresolved, so neither judgment nor payment of $630,000 is assured. Counsel must separately determine whether Chapter 33 governs the actual claim.

The client’s distribution projection will change as those questions are resolved. Show the verdict first, with each legal adjustment on its own line. Fees, expenses and reimbursement claims belong in the projection as well, along with amounts that remain uncertain. Revisit it when the judgment, appeal, coverage or collection picture changes. A trial verdict is another stage in valuing the case, not the end of the accounting.

For the larger valuation framework, read the injury-claim valuation pillar.

For general personal-injury services, see the firm’s personal injury practice areas.

This is general information about Texas personal-injury litigation, not legal advice or a calculation for a specific case. Jury charges, judgment adjustments, deadlines and collection depend on the claims, findings, agreements and applicable law. Reading this article does not create an attorney-client relationship.