Can a Personal Injury Verdict be Appealed?

Can a personal injury verdict be appealed if you are unhappy with the decision in your personal injury case? Do you have any legal options or recourse?

Yes! Either party can appeal a personal injury verdict.

However, you generally have to have a specific legal reason — grounds — to do so.

An appeal is a legal process that involves asking a higher court to review the decision made by the lower court. The purpose of an appeal is not to retry the case but to determine whether the lower court made a legal error that affected the outcome.

Grounds for Appealing a Personal Injury Verdict

You cannot appeal a personal injury verdict simply because you are unhappy with the outcome of your case. The grounds for appeal can vary depending on the state and the type of case, but they generally fall into two categories: errors of law and errors of fact.

Errors of law refer to mistakes made by the lower court in applying the law.

For example, if the lower court made an error in the jury instructions or misapplied a legal principle, this could be grounds for appeal. Also, if the lower court excluded significant evidence that should have been admitted, this could be grounds for appeal.

Errors of fact refer to mistakes made by the lower court in assessing the evidence.

For example, if the jury's verdict was based on evidence that was not credible or was improperly admitted, this could be grounds for appeal.

The appellate court will only reverse a lower court's decision if it finds that the lower court made a legal error that affected the case outcome. The appellate court will not retry the case or consider new evidence not presented in the lower court.

Time Limits for Appealing a Personal Injury Verdict

The specific time limits for appealing a personal injury verdict can vary depending on the state and the type of case. Generally, the deadlines are set by statute and can be strict.

In most states, you must file a notice of appeal within a certain number of days after the entry of judgment, typically within 30 days. Failure to file the notice of appeal within this timeframe can result in the appeal being dismissed.

Once the notice of appeal is filed, there may be additional deadlines for submitting briefs and other documents. It is important to consult with an experienced personal injury attorney to ensure all deadlines are met and the appeal is filed on time.

It is also important to note that some states have different time limits for appeals in different cases. For example, the time limit for appealing a medical malpractice case may differ from that for appealing a car accident case.

It is crucial to act quickly if you are considering appealing a personal injury verdict. An experienced personal injury attorney can help you understand the specific time limits that apply to your case and guide you through the appeals process to maximize your chances of success.

Getting Legal Help to Appeal a Personal Injury Verdict

Appealing a personal injury verdict can be lengthy and costly, and there is no guarantee of success. Remember, the higher court may not consider new evidence not presented at the original trial, and it may only consider legal arguments raised in the lower court.

That is why it is essential to have an experienced personal injury attorney to determine whether an appeal is the best course of action and, if it is, to guide you through the process.

With the help of an attorney, you can increase your chances of success and ensure that your legal rights are protected.

We invite you to get a free consultation with the Personal Injury Legal Team at Whitcomb Selinsky, PC. Call (866) 433-4116 or simply here to use our convenient online form to tell us how we can help.