If you were not satisfied with the result or administration of a recent personal injury case, then you can consider an appeal. However, you can't just appeal a lawsuit simply because you lost. Appeals are not a way to "do-over" your previous trial. You must have a reason to file one. Plus, you still need the help of a personal injury attorney on your appeal. Here are things to know about filing an appeal for a personal injury case and why you should or should not consider it.
Reasons to Appeal a Personal Injury Claim
To take your previous personal injury case to appeal, you must have a legal reason. Here are some examples of acceptable reasons for an appeal.
The First Judge Denied Evidence
The judge refused to see or hear crucial evidence needed to decide the case.
The First Judge Wrongfully Denied an Expert Witness
The judge decided a witness was not an expert without evidence to the contrary.
The Jury Acted Improperly
The jury violated their instructions, such as talking to someone outside of the jury about the case.
The Defendant's Lawyer Acted Improperly
The defendant's lawyer did something illegal or unethical that influenced the case's outcome.
The Discovery of Additional Evidence
In some cases, new and crucial evidence may be accepted upon appeal, but this is unusual.
Reasons Not to Appeal Personal Injury Claim
There are several reasons why you may want to accept your case's results rather than continue with an appeal. Here are some examples.
Appeals Involve Extra Time
Like the original case, appeals take time. This may mean taking more time off work or away from your family.
Appeals May Not Give a Desired Result
Even if you appeal, you may not get anything out of it. Or you could end up in a worse situation than before.
Appeals Delay Compensation
If the judge originally ruled in your favor and gave you a monetary judgment, then an appeal could delay compensation.
Appeals May Be More Expensive
You will have to pay more lawyer costs and other fees if you continue with an appeal.
Appeals are complicated and can be tricky, especially with personal injury cases. They are meant to ensure your first case was handled fairly rather than do it all over again. Talk to your personal injury attorney, first, before deciding to file an appeal. Your attorney can determine if it's worth your time to file an appeal. They may also be able to find other options, rather than putting your case through the court again.