If you were involved in an accident and took legal action to recover compensation for the injuries and any financial losses you experienced but were unsuccessful, you may want to know why things didn’t go as expected and whether or not you are in a position to appeal. Unfortunately, even with a good lawyer fighting your case, not every personal injury claim is settled successfully. Thankfully, in some circumstances, you may be able to appeal an unfavorable personal injury judgment.
When Can You Appeal?
If you believe that the initial verdict of the court should be different, you will only be able to appeal the ruling if there are grounds for the appeal to be made. Therefore, it’s important to bear in mind that you may not always be able to file an appeal, even if you feel that the verdict is unfair or unjust. There are various possible grounds for an appeal, for example, if you feel that the ruling was based on insufficient evidence or if there were legal, factual or procedural errors that have occurred during the trial. If you’re unsure about whether or not you have grounds to appeal your injury case, Chris Hudson Law Group can help.
What’s Different About the Initial Trial?
The main difference between the appeal and the initial personal injury case trial is the subject of the legal proceedings. The court will be presented with evidence, expert opinions, and witness testimonies during the initial trial, before deciding the liability of the parties involved and order the party found to be liable to be found at fault to pay damages to the injured party. However, an appeal is not a retrial of the same case but rather a review of how the principles of law were applied throughout the initial trial. New or existing evidence and witness testimonies will not be focused on; the initial case will be examined for any potential errors and more weight will be given to briefs prepared by both parties’ legal teams.
The potential outcome of your appeal case will depend on a number of factors, including your reason for bringing an appeal and what you and your lawyer hope to achieve. Generally speaking, the appeals court may either uphold the ruling or remand the case, which means sending it back to the court to be reversed or modified. This could include dismissing the case, holding a new hearing, making a new decision regarding a certain motion or motions presented during the initial hearing, or a change in the amount of compensation awarded to you.
While not all unfavorable appeals verdicts are going to have solid grounds for an appeal, it’s always worth checking if it is possible if you have undergone a personal injury case with results that you were not expecting. And even if your appeal does not result in a favorable verdict, you may be able to further appeal your case with a higher court depending on the laws in your state.