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What You Need to Know About Appealing a Personal Injury Claim
Gabriel Freeman
If you're involved in an accident and sustain injuries, you should seek justice by filing a personal injury claim. In some cases, no matter how hard your injury lawyer tries, you may not be satisfied by the outcome of the trial. This doesn't mean you have to live with the court's ruling. Your best chance of getting a favorable ruling is to file an appeal.
What Does an Appeal Involve?
When you file an appeal, you're requesting a higher court to review the ruling of a lower court. The appeal doesn't involve the lengthy process of introducing your case, presenting evidence, and calling witnesses. On the contrary, the appeal process is limited to reviewing the lower court's ruling.
To succeed in a request for an appeal, there must be what's called an abuse of discretion. This means the lower court should have made a significant mistake or oversight. The main features of an appeal include the presence of a few judges, the filing of an appellate brief, and the appellate court's decision based on records of the lower court, including motions, pleadings, judicial discussions, and transcripts.
What Are the Reasons for Filing an Appeal?
When you file an appeal, the court may either approve or turn down your request. The court will decide whether the ruling of the lower court should be reversed. If you don't have sufficient reasons to file an appeal, the appellate court could deny your request without reviewing any arguments in the appellate brief.
One of the reasons your injury attorney will file an appeal is if the court denied the testimony of an expert witness. Additionally, if the court denies crucial evidence and applies laws that don't apply to your case or uses laws in a prejudicial manner, you can file an appeal.
Other reasons for filing an appeal include jury misconduct, for example, if the jury discusses the case with people who weren't members of the jury. Other forms of jury misconduct include concealing information that could affect the case or deciding the case before all involved parties present their evidence.
What Is the Possible Outcome of an Appeal?
The outcome of an appeal will depend partially on what you request the court to do. The court may uphold the former verdict. The court may also vacate the entire verdict.
If the entire verdict is overruled, your case will be sent back for a fresh trial. The other outcome of an appeal is a change in the damage award. For example, you may get a higher damage award than what was given in the former ruling. Your injury lawyer will explain to you the meaning of the appellate court's ruling.
Talk to a personal injury lawyer for more information.
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