Can I Appeal My Personal Injury Case Verdict?
It’s important to remember that most personal injury cases are settled outside of court. Only a small number actually moves to trial. If your case does proceed to trial, at the end a jury decides based on the facts presented and the law, what the verdict is. However, if you do not agree with the verdict, you do have options. It is best to discuss these options with your attorney. They will be able to better determine if appealing the verdict is the best decision.
Who Can Appeal a Personal Injury Verdict?
Both the defendant and the plaintiff have the right to appeal a verdict in a personal injury case. However, just because you have the right, doesn’t mean it’s the best decision. Civil appeals are based on issues of law, and not an issue of fact. Appealing the verdict in a personal injury suit is based on an error of law that was committed in your case. Simply being unhappy with the verdict is not a justifiable reason for an appeal to be filed.
Appeals are not a fresh start to your case. The appellate court considers the records from your trial and makes a decision. The verdict could be reversed, or remanded to the lower court from further action. If you lack a sufficient reason for an appeal, the appellate court may deny your appeal, without considering any arguments in your appellate brief. Below are some common reasons to request an appeal.
>Jury misconduct, such as discussing the case with people not on the jury, conducting an independent investigation, concealing personal information that could influence the juror’s decision, or deciding the case with other jurors before both parties present all their evidence.
>The court’s decision to deny the testimony of an expert witness based on the witness not being an “expert” was incorrect;
>The jury received instructions from the judge regarding laws that did not apply in your case or the judge explained the laws in a biased manner;
>Lack of evidence to justify the verdict or the verdict is against the law.
>The judge denied evidence that should have been allowed.
The Outcomes of a Successful Appeal
The court may revise the jury’s verdict for damages, they may vacate the verdict entirely, or remand the case to the lower court for a new trial. Appealing a verdict in a personal injury case is time-consuming, and often expensive. Appealing a case is not something that should be taken lightly. Discuss the details of your case, and what the best course of action is with your attorney. Appealing the decision may simply not be in your best interest.
Injured in a Car Accident? Call The Law Giant, Personal Injury & Accident Lawyers
While expert witnesses aren’t always necessary, there are many cases where they are useful. If your case is more complex, you can count on The Law Giant, Personal Injury & Accident Lawyers to reach out to our network of expert witnesses on your behalf. Contact us at 866-523-4167 today if you have been hurt in a car accident and are seeking skilled legal representation.
