Can I Appeal a Verdict in a Personal Injury Case?

Middle-aged judge holding gavel

The majority of personal injury cases are settled out of court. However, if your case does go before a judge, there’s going to be one party who is generally unhappy about the verdict. If you disagree with the outcome of your personal injury case, what options are available to you? Can you appeal? Are there other ways that you can seek restitution? Keep reading to find out more about your options from a Lakewood Ranch, FL, personal injury lawyer.

Reasons to Appeal

First, it’s important to note that you can’t simply appeal a case because you’re unhappy with the verdict. While appeals are an option for personal injury cases, they’re only intended to be used to appeal a verdict when you believe an error of law was committed that was prejudicial towards you. Here are some examples of such errors that may warrant an appeal of your personal injury case:

·         The court denied to hear testimony from an expert witness because they believed the witness wasn’t qualified as an “expert” in this case.

·         The judge denied evidence that you believed should have been permitted.

·         The judge gave the jury instructions about laws that didn’t apply to your case.

·         The judge explained the laws applying to your case to the jury in a biased way.

·         You suspect there was jury misconduct (e.g., jury members discussing the case with people outside the jury, conducting their own investigations, making a decision about the case before hearing all evidence, etc.)

·         There was a lack of evidence to justify the verdict or the verdict given was against the law.

If you submit an appeal without sufficient reasons for it, the appellate court could deny your appeal without looking at any further arguments you may present on your appellate brief. Therefore, it’s vital that you only submit an appeal when you have a strong and clear reason for doing so.

What Happens When You Appeal?

If you do end up appealing your case’s verdict, no damages given in the original verdict will be rewarded until all appeals have been exhausted. If your appeal is granted, there are three ways in which the case may proceed:

1.       The court will revise the verdict for damages.

2.       The court will completely vacate the verdict.

3.       The court will remand the case to a lower court for a new trial.

Appealing a case can be extremely expensive and time-consuming, so before you proceed with an appeal, it’s extremely important to discuss your options and the odds of success with your attorney.

Who Can Appeal?

Appealing a personal injury case is an option for both the plaintiff and the defendant in the case. So, whether you were the injured party seeking restitution, or you were the party being sued for damages, if you feel that you have a strong reason to appeal, the option is open to you. Please give Erjavec Injury Law a call to seek guidance with pursuing an appeal. We are a top personal injury lawyer in Lakewood Ranch, FL, and we can help you through the process and greatly improve your odds of a successful appeal. Give us a call today.