Can You Appeal a Personal Injury Claims Verdict?
Rejected personal injury claims often leave car accident victims wondering if filing an appeal is possible. While appealing a personal injury claim is possible, it depends on several factors unique to the case. For instance, decisions made earlier affect the right and likelihood of success. Here’s what you should consider before filing an appeal.
1. How the Case was Resolved
There are two main ways of solving personal injury claims.- First is an out-of-court agreement: Here, the plaintiff and the defendant negotiate for a fair settlement. These negotiations often precede the court process.
- Taking the case for trial: If both teams agree on a settlement out-of-court during negotiations, the victim can’t appeal the result because of the terms laid down before the negotiations. This is why hiring a personal injury lawyer to negotiate a good settlement amount is prudent.
Victims can opt to proceed with the case for trial if negotiations fail. However, they should build a solid case pointing out the defendant’s negligent actions. Settlement for personal injury cases taken to court is awarded by the jury, and victims have a right to appeal.
2. Find out What you Can Appeal
You should have solid grounds for filing an appeal against the court’s decision. In most states, victims can appeal a personal injury case under the following circumstances:- Error in the law occurred at the trial
- Inadequate or excessive damages
- Misconduct of the jury
- Irregularities in the court’s proceedings
- Use of evidence without the judge’s approval
- Denial of crucial expert witness testimony
You can’t file an appeal simply because you were unsatisfied with the jury’s verdict. These circumstances are complicated, especially because an appeal doesn’t entirely restart the case. The appellate court considers all the records of the initial trial.
3. Can You Afford the Appeal?
You should also consider the costs of filing an appeal. Unfortunately, most personal injury lawyers are reluctant to take the case to appeal under the contingent fee arrangement. You should be prepared to hire another lawyer. Not all lawyers may take up your case, especially because they should evaluate the evidence and identify possible pitfalls in the first trial.You should pay upfront if your first lawyer agrees to continue representing you. The contingent fee doesn’t extend to appeals in personal injury cases. You should ask what it would cost to retain your lawyer and determine if success in the claim can justify these costs.
Endnote
Personal injury claims can fail due to insufficient evidence, unclear witness statements, poor handling of the case by the attorney, or significant inconsistencies. The court can also make a genuine mistake, denying victims compensation. The decision to appeal a personal injury case is risky and expensive, so you should think through the whole case right from the start.Do You Need An Attorney?
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Posted - 06/30/2023
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