How to Appeal My Personal Injury Judgment and Win

Appeal Personal Injury Verdict

If your personal injury case is one of the few that go to trial, and you don’t agree with the jury verdict, you can appeal it. Appealing your personal injury judgement is a process in which the court can move to overturn the jury’s decision. This might be the same court where the trial took place or a higher court.

To proceed, your attorney must agree with your decision to appeal; contingency agreements often state they don’t have to take on an appeal if it’s likely you’ll fail or the move has no grounds. An appeal can come from the plaintiff or the defendant. If a defendant appeals the verdict and you won the case, they don’t pay any money until all appeal options are used up.

The Process of Filing an Appeal

The appeals process consists of the following steps:

  • Your attorney files the notice of appeal with the court.
  • The defense files a motion to dismiss the appeal, which must be addressed.
  • A hearing in which your attorney proves the decision was unfair/inappropriate or an error of law was made.

Oftentimes a higher court will consider the appeal. They generally favor the judgement of the lower court but look for an abuse of discretion. The lower court’s decisions are generally accepted unless some type of mistake was made. If so, the higher court will examine whether it changed the outcome of the case or the jury’s conclusion. The appeal won’t likely proceed if the trial court’s error was considered insignificant.

A personal injury appeal can have different outcomes. In part, this depends on how you present the appeal to the court. It’s up to you and your attorney to ask the court what to do. The court may uphold the verdict or, if your appeal is granted, overturn the verdict to start a new trial or make changes to the damages awarded.

Reasons to File a Personal Injury Verdict Appeal

It’s not unfeasible you could be unhappy with the verdict. However, this isn’t a reasonable basis to file an appeal. The circumstances are more complex than that and an appeal doesn’t start your case over. Credibility issues aren’t usually appealable because the appellate court defers to the judge or jury, as it didn’t observe any testimony. All records of the trail are considered by the appellate court, which could reverse the decision or remand the verdict to the lower court for further action.

The more practical bases for a personal injury verdict to be appealed include:

  • Use of evidence without the judge’s approval.
  • Denial of pieces of evidence relevant to the trial.
  • Denial of testimony by an expert witness.
  • Instruction of the jury on laws that didn’t apply to the case.
  • A judge was biased in their explanations of applicable laws.
  • Misconduct by the jury (including conducting independent investigations, concealed information, discussing the case with others not on the jury, or deciding the case before all evidence is presented).
  • The verdict is illegal or there’s not enough evidence to justify it.

Negotiations Can Continue During the Appeals Process

The defense can continue negotiating if they know there’s a risk of losing on an appeal. This could give you and your attorney leverage as the case could settle during this period. Never lose hope on a settlement at any point in your case.

Contact The Law Offices of Jacob Emrani

We have recovered millions of dollars in damages for clients over the years. Our legal team provides representation when opening a case, during discovery or settlement, going to trial, and filing an appeal to a jury verdict. Serving clients across Southern California, our Los Angeles personal injury attorney can help no matter the nature or scope of your personal injury case. Call 888-952-2952 to learn more and receive a free consultation.

Share This Post!