When Can You Appeal an Unfavorable Verdict?
Written by AskTheLawyers.com™ on behalf of Kathy McArthur with McArthur Law Firm.
Errors have the potential to occur anywhere and everywhere, including in the courtroom. If you have received an unfavorable verdict after taking your personal injury lawsuit to court, and you believe a miscarriage of justice may have occurred such as a legal or procedural error, you may be eligible to file a personal injury appeal.
From the outside, an appeal looks similar to any other case except that it will be heard before a court of appeals rather than a standard court. However, the process of appealing an unfair verdict has less in common with trying the original injury case than you might think. If you believe an unfavorable verdict was inaccurate or the result of courtroom errors, reach out to an appellate attorney as soon as possible to discuss your options.
If you suspect an error occurred in the legal proceedings for your case, you may be eligible to file an appeal.
If you believe that your unfavorable verdict was the result of the judge misapplying the law or making an error, you may appeal the verdict. If the appeal is approved, your case will then be sent back for an entirely new trial. If you are planning to appeal your verdict, it’s important to note the tight deadline associated with appeals cases. In general, an appeal must be made to a higher court within 30 days of the original judgment. In this appeal, the party in question will be able to explain why they believe the unfavorable verdict is not justified.
Personal injury appeals do not reassess the injury and how it occurred like the original case did. Instead, a personal injury appeal is intended to evaluate how the trial in question was conducted, and if an error of law or miscarriage of justice occurred. Wrongful admission of evidence, purposeful misdirection of the jury, and clerical errors may all indicate that an unfavorable verdict was not rightfully obtained. Similarly, depending on the circumstances and the state in which the trial occurred, it may be possible to file a motion for a new trial; however, the deadline for this tends to be even shorter and it’s important to consult with an attorney as soon as possible to discuss this option.
Appellate attorneys specifically handle appeals cases.
Not all attorneys are experienced in appeals. In fact, the evidence that goes into presenting a case before a court of appeals differs significantly from that of a personal injury case. This is why it’s important to seek out an appellate attorney, even if it is not the same lawyer who handled your original case. In fact, the attorney who handled your original case is not obligated to accept your request to appeal, and may even refer you elsewhere of their own volition. Regardless, if you believe your unfavorable verdict in a personal injury case occurred due to some sort of legal or procedural error, it’s important to reach out to an appellate attorney as soon as possible after the verdict has been handed down. The good news is that personal injury appellate lawyers will usually evaluate your case for free to decide what the chances are of a successful appeal.
To learn more about personal injury appeals or for help filing, reach out to a personal injury appellate attorney.