Accomplished And Respected

Trial Advocacy

Can a plaintiff appeal a personal injury case verdict?

On Behalf of | Feb 20, 2024 | Personal Injury

As you may know, personal injury cases can be emotionally and financially demanding for all parties involved. If you’re a plaintiff seeking compensation for damages, the outcome of a personal injury case can have significant implications.

In some instances, the verdict handed down by the court may not align with the expectations or desires of one or both parties. When this happens, the option to appeal the verdict may become a pressing concern.

Appealing the verdict

Upon the conclusion of a personal injury trial, the presiding judge or jury delivers a verdict based on the evidence presented and applicable laws. This verdict determines whether the defendant is liable for the plaintiff’s injuries and, if so, the amount of compensation awarded. However, it’s essential to recognize that a verdict is not necessarily the final word in a legal dispute.

Appealing a personal injury case verdict involves challenging the decision made by the trial court. The plaintiff must demonstrate that legal errors occurred during the trial to pursue an appeal. These errors could include:

  • Misinterpretation of the law
  • Improper admission or exclusion of evidence
  • Procedural mistakes that impacted the fairness of the trial

Once an appeal is filed, it moves to an appellate court, where a panel of judges reviews the trial record and arguments presented by both parties. The appellate court assesses whether the trial court followed proper legal procedures and applied the law correctly. This review is not an opportunity to retry the case but rather to evaluate whether any errors occurred that warrant overturning the verdict or ordering a new trial.

Possible outcomes of an appeal

After reviewing the case, the appellate court may reach several possible conclusions. If the appellate court determines that no errors occurred during the trial or that any errors were harmless and did not affect the outcome, it may affirm the original verdict. In this scenario, the initial judgment stands, and the case concludes.

However, should the appellate court find significant legal errors that prejudiced the trial’s outcome, it may reverse the lower court’s decision. A reversal nullifies the original verdict and may result in a new trial or other appropriate actions.

In the aftermath of a personal injury trial, the prospect of appealing the verdict can offer hope if you’re dissatisfied with the outcome. Understanding the appeals process is essential if you’re seeking to overturn an unfavorable judgment. By enlisting the assistance of skilled legal counsel and diligently pursuing all available avenues for relief, you can pursue justice and help ensure your rights are protected.