9 Facts About the Appeals Process in Personal Injury Cases
Gclawnc.com | The appeals process in personal injury cases can seem daunting and confusing. If you’re involved in a personal injury case and the outcome isn’t what you expected, you might consider appealing the decision. However, this process is complex and not all cases qualify for an appeal. Here, we’ll break down nine important facts about the appeals process in personal injury cases that every plaintiff should know. These facts will give you a clearer understanding of how the appeal works and what to expect.
1. An Appeal Is Not a New Trial
One of the most important facts to understand about the appeals process is that an appeal is not a new trial. When a personal injury lawyer files an appeal, they are not asking the appellate court to review new evidence or call new witnesses. Instead, the appellate court looks at the trial record, including transcripts and exhibits, to determine if any legal errors occurred during the original trial that could have affected the outcome. The focus is on whether the law was applied correctly, not whether the facts of the case were proven beyond a reasonable doubt.
2. Only Legal Errors Can Be Appealed
Appeals are based on legal errors, not dissatisfaction with the jury’s verdict. For example, if a personal injury lawyer believes the trial judge improperly excluded crucial evidence or made incorrect rulings on the law, this could be grounds for an appeal. In some cases, errors during jury instructions or improper conduct by the opposing party could also form the basis of an appeal. If you simply disagree with the jury’s findings or believe that your case wasn’t presented well enough, this is generally not sufficient to win an appeal.
3. The Appellate Court Reviews the Record, Not the Facts
During the appeals process, the appellate court will only review the record from the original trial, which includes transcripts, evidence presented, and legal arguments. They do not rehear the case or examine the facts again. This means that while a personal injury lawyer may argue that the trial was unfair or that a mistake was made in interpreting the law, the appellate court cannot make its own determinations about the facts of the case. If you want to change the facts, you would need to go through a new trial, which is very different from an appeal.
4. Appeals Can Take Several Months to Complete
The appeals process can be lengthy. After filing a notice of appeal, it may take several months, or even over a year, to complete. The appellate court will review the briefs submitted by both sides, which present the legal arguments for and against the trial court’s decision. Depending on the complexity of the case and the court’s caseload, the process can be prolonged. It’s essential to be prepared for this delay and to work closely with your personal injury lawyer to ensure that all necessary paperwork and arguments are submitted on time.
5. Not All Appeals Are Successful
It’s important to know that not all appeals are successful. Appellate courts tend to uphold the decisions made by lower courts, especially when the errors alleged by the appellant are minor or do not significantly affect the outcome of the case. Even if the personal injury lawyer presents a compelling argument, the appellate court may decide not to reverse the decision. In fact, only a small percentage of appeals are fully successful in overturning a verdict or judgment. However, a successful appeal can result in a new trial or a modified judgment.
6. You Can Appeal Both Decisions and Awards
Appeals in personal injury cases can involve challenging the decision itself or the amount of damages awarded. If you believe that the jury’s verdict was unfair, or that the judge made an error in their ruling, an appeal may challenge the decision. On the other hand, if the awarded damages do not adequately reflect the severity of your injuries or the financial losses you incurred, your personal injury lawyer may appeal to seek a higher amount of compensation. The appeal process can affect both the decision of liability and the amount of the damages award.
7. Filing an Appeal Is Expensive
While pursuing an appeal can offer a chance at a better outcome, it can also be costly. Appellate procedures involve filing fees, the preparation of legal briefs, and often hiring additional experts or consultants to strengthen your case. Your personal injury lawyer will help you understand the financial aspects of the appeal and work with you to evaluate whether appealing is the best option. Given the costs associated with appeals, it’s crucial to carefully consider whether the potential benefit of appealing outweighs the expense and delay.
8. You Must Act Quickly to File an Appeal
Once a judgment is entered in a personal injury case, the clock starts ticking on the time frame to file an appeal. Depending on the jurisdiction, you may have as little as 30 days to file your notice of appeal. Your personal injury lawyer will be able to advise you on the specific deadlines for your case and ensure that all necessary filings are completed within the time frame. Missing these deadlines can result in the forfeiture of your right to appeal, so it’s important to act promptly if you are considering this option.
9. Appeals Can Lead to Different Outcomes
The appellate court may either uphold the original decision, reverse it, or remand the case for a new trial. If the case is remanded, it means that the lower court will reconsider the case in light of the appellate court’s ruling. Depending on the errors found by the appellate court, the case may be sent back for retrial, where new evidence or arguments could be presented. Alternatively, the appellate court might rule in your favor and grant you a more favorable outcome, such as a higher damages award or a different legal ruling altogether.
