Proven Experts In Appellate Litigation

What You Need to Know About a Personal Injury Claim Appeal

On Behalf of | Nov 7, 2022 | Appeals

It is your right to appeal the lower court’s decision if you believe the outcome of your injury claim was unjust. An appeal in a personal injury case, or any appeal seeks to convince the appeals court that the law had been incorrectly interpreted. It’s likely that you will receive the compensation you are seeking and even more if the judges agree with your lawyer’s arguments that the law was not interpreted correctly.

Steps to File an Appeal

An appeal is an option for plaintiffs who are not satisfied with the court’s decision after a personal injury trial has ended.

Making an Appeal. Upon receiving the court’s initial decision, the plaintiff’s attorney has 30 days to file an appeal. After the plaintiff has done this, the defendant becomes the “appellee,” and the plaintiff becomes the “appellant.” You should obtain a transcript of the court proceedings after the notice of appeal has been filed. You have 30 days to submit a prompt to the judge and your opposition.

Oral Arguments. Personal injury cases that are complicated usually require oral arguments. Plaintiffs/appellants should explain why they disagree with the court’s decision in their oral argument. In addition, the plaintiff must describe what outcome they are hoping for. Oral arguments may not be necessary in the case of a straightforward appeal. After oral argument, the appeal is officially “submitted.”

An Appeal is Not the Same as a New Trial

The fact that you lost your case or didn’t win as much money as you expected does not give you the right to file an appeal. If they made an error in your lower-court proceedings that hurt your claim, you must appeal. For example:

  • Evidence that should have been admitted was not allowed by the court
  • There were incorrect instructions given to the jury on how to decide your case
  • They made a mistake, such as a jury misconduct
  • You could not call your expert witness

Also, there is no do-over in an appeal. New evidence or arguments will not be allowed. The appellate judge will only consider the trial records and evidence, so you and your attorney need to be sure that they are accurate and complete.

Personal Injury Appeal Results

Appeals may cause a variety of results. What you ask the court to do can influence the outcome in part. Nothing changes if the court upholds the verdict. The court may overturn the jury verdict if they uphold your appeal. In this instance, the case will be retried. Sometimes, a court may only change the allocation of damages.

Just as with any litigation case, an appeal requires knowledge and experience. Those who are appealing a ruling should consult a personal injury attorney knowledgeable in handling appeals to present the case as favorably as possible.

Hunker Appeals

When you lose a personal injury case and feel that your case was strong, speak with an injury lawyer about appealing. Hunker Appeals can assist you with your injury claim appeal, providing a smooth path through the process. We serve Fort Lauderdale, Boca Raton, Weston, Miami, West Palm Beach, and the other surrounding Florida communities.

Call or email Hunker Appeals now to set up a consultation.

Hunker Appeals, 110 Southeast 6th Street, Suite 2330, Fort Lauderdale, FL 33301 877-906-5656.

Email: [email protected]