Can You Appeal a Personal Injury Verdict?

After suffering an injury due to the negligence of another party, you have the right to seek compensation through a personal injury case. Most personal injury cases are settled outside of court. According to statistics, only one in 20 personal injury cases is resolved in court. However, if you and the defense side cannot reach an agreement, your case may proceed to trial. In a personal injury trial, both sides present their cases in court, and a judge or jury renders a verdict. If your personal injury case goes to trial and the judge or jury renders a verdict that you don’t agree with, you may wonder if you can appeal the decision.

So, can you appeal a personal injury verdict? Yes, you can appeal a personal injury verdict. However, appeals are not always an option. Also, filing an appeal can be a complex process. Also, whether appealing a personal injury verdict is viable depends on the unique circumstances at hand. Below is some vital information about appealing a personal injury verdict.

What Is an Appeal?

First, it is crucial to note that appealing a personal injury verdict does not mean redoing your trial. Instead, an appeal involves having a higher court review the trial court’s decision. The higher court reviews the record from the original trial to assess whether mistakes happened. It does not hear new evidence or re-examine witnesses.

Grounds for Appealing a Personal Injury Verdict

Just because you don’t agree with the outcome of your personal injury case does not mean you can file an appeal. You must have valid grounds for appealing the trial court’s decision. The following are some of the valid grounds for filing a personal injury verdict;

• Existence of legal errors: For example, if the judge incorrectly applied or misinterpreted the law, you may have a basis for appealing. This might include admitting evidence that should have been excluded, overlooking essential evidence, or giving the jury incorrect instructions.
• Procedural errors: Misconduct by an attorney, jury members, or other mistakes in the trial procedure can be grounds for appealing a personal injury verdict.
• Violation of your rights: For example, if the court was biased and did not allow you enough time to present your evidence, you may have grounds for appeal.
• Unjust verdict: If the outcome of your case was gravely disproportionate to your injuries and damages, you can file an appeal.
• Abuse of discretion: If the judge abused their power and made an unreasonable or unjust decision, you may have grounds to appeal.

Possible Outcomes of an Appeal

After filing an appeal, several things can happen. First, the higher court may agree with the trial court’s decision. Second, the trial court’s decision may be overturned, leading to a new trial or victory for you. Third, the higher court may send the case back to the trial court with instructions for further action.

Note: Even the defendant has the right to file an appeal if they have valid grounds.

Contact Us for Legal Help

For legal help, contact our London & Southeast Kentucky personal injury attorneys at Cessna & George Law Firm.