Legal Help: Getting Hurt on the Street

Should You Appeal Your Personal Injury Case?

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.

About Me

Legal Help: Getting Hurt on the Street

I never gave a lot of thought to needing a lawyer until I was injured while walking down a sidewalk. The accident happened when a biker decided to use the sidewalk instead of the street, and plowed into me as he turned a corner. What followed was a lesson in what is involved with pedestrian accidents. I found a traffic attorney who took my case, and she was able to obtain a settlement that covered the legal fees and my medical bills. If you have been injured through the negligence of another party, you do need legal representation. Keep reading and I'll share how I found the right lawyer and what we did to ensure that my rights were fully protected in a court of law.