Can You Appeal A Personal Injury Claim Verdict?
Experiencing a personal injury is stressful for most accident victims. After months of waiting for a verdict, you expect it to bring some closure. But what happens if you or the opposing party aren’t satisfied with the court’s decision? If that’s the case, an appeal might be an option. Learn more about the appeal process and when the best time would be to file one.
What Is An Appeal In A Personal Injury Case?
An appeal is not a redo of your trial. Instead, it’s a process where a higher court reviews the trial court’s final decision to identify any significant legal errors. Instead of reviewing the case’s facts, the appellate court scrutinizes the legal aspects of the original trial to see if it was conducted fairly and according to legal standards.
The Appeal Process Explained
Embarking on an appeal starts with you finding out which court appeals your case and submitting a Notice Of Appeal within 30 days of the initial ruling. This document informs it and the opposition about the intent to challenge the verdict. Once you do, you and your attorney must create an appellant brief. This document outlines any perceived legal errors during the trial, supported by legal arguments and other relevant evidence. The other party will also present their facts to defend the trial court’s ruling.
In some cases, appellate courts will schedule another hearing where the judges will listen to arguments from both sides. After the court reviews all submissions and has the necessary information, it makes a final decision. This could range from upholding the original verdict, overturning it, or remanding the case to the trial court for further scrutiny.
Can Defendants File Appeals?
The right to appeal isn’t only for plaintiffs. In a personal injury case, both parties can petition a court’s decision if they aren’t satisfied with the result. For instance, a defendant may feel that the court unfairly held them liable or that the damages declared were excessively punitive. On the other hand, a plaintiff might think that the compensation granted wasn’t enough or feel that the court unjustly dismissed their claim.
When Should You File An Appeal?
Deciding on an appeal isn’t straightforward. However, there are a few situations where it may be necessary:
- Existence of Legal Errors: There was perceived misinterpretation of the law, or the court overlooked essential evidence.
- Violation Of Your Rights: If the court was biased or didn’t give you enough time to show your evidence, an appeal over these violations would be appropriate.
- Unjust Verdict: The outcome was gravely disproportionate to the injury or damages you suffered.
- After Discussing It With A Lawyer: Your lawyer will provide a clearer picture of how successful an appeal would be in your case.
Remember that an appeal doesn’t mean the appellate court is on your side. It’s a complicated process that takes time, patience, and a reliable personal injury attorney to help you navigate it.
Contact Our Attorneys Today
Navigating a personal injury appeal requires a knowledgeable legal expert. Since 1952, our dedicated team of New York personal injury lawyers has helped clients seek justice for their injuries. Whether you’re considering filing an appeal or need insights into your trial’s outcome, we’re here to help. Please contact us online or at (866) 575-0457 to schedule a free case review today/