The vast majority of personal injury claims are settled without going to court. Those settlements cannot be appealed. However, those who take their case to trial may have grounds to appeal the decision in their case. Read on to learn more about this option and then contact Law Offices of Fernando D. Vargas at 909-982-0707 if you believe you have a right to appeal your case.
Both the Plaintiff and the Defendant Have the Right to Appeal
In a personal injury case, the person who filed the lawsuit (the plaintiff) and the person who was sued (the defendant) can file an appeal. In the event that you win a personal injury case against a defendant and they appeal the verdict, you will not be awarded your money until all appeals have been exhausted.
You Need a Valid Legal Reason to Appeal
Not liking a verdict is not grounds for appeal. Civil appeals are based on legal errors committed. The appellate court will consider the records from your trial to determine first if a legal error was committed. If they agree that it was, then the next step is to convince them that this legal error affected the outcome of the case.
Some examples of potentially legally acceptable reasons to earn an appeal include:
- An expert witness was not allowed to testify but should have been.
- The judge did not allow evidence that should have been allowed.
- The jury received inaccurate instructions from the judge.
- There was jury misconduct, such as a juror investigating the case on their own.
Your personal injury attorney can help you understand if you have valid grounds for appeal.
There Are Several Potential Outcomes to an Appeal of a Personal Injury Case
If the court agrees with your legal argument and grans the appeal, then they may revise the jury’s damages verdict, vacate the verdict entirely, or send the case back to the lower court for a new trial. Which option they choose will depend on several factors, including how much time has passed since the initial case and how significant they judge the legal error to have been.
Work with an Attorney to Find Out if It Is Worth it to Pursue an Appeal
The fact of the matter is that appealing a verdict in a personal injury case is expensive and it can take a lot of time. Does that mean that it is not worth it for your case? Not necessarily – but it does mean that you should carefully consider your options before moving forward.
At Law Offices of Fernando D. Vargas we believe you should have the facts about the likelihood of success, how long it would take, and what you can really expect. We are happy to discuss the issue with you during a free legal consultation – just call us at 909-982-0707 to get started.
