A personal injury case is usually delicate and sensitive. These could cause physical and emotional injury or even total deformity for victims; hence, the need to get the best possible verdict. Whether you are a victim of a traffic accident, medical misconduct or malpractice, Toxic explosion, Gun injuries, or any personal injury case, you must be highly compensated for the loss, damage, or pain you might be experiencing.
However, sometimes you don’t get the fair judgment and compensation you anticipated even after a court proceeding. The good news is that you have the legal right to appeal a personal injury case, just like every other case. You can file for an appeal with the help of your attorney if a personal injury case verdict is not in your best interest.
Why Should I Appeal A Personal Injury Case?
Most people appeal to a personal injury case because they think the verdict is unfair to them. However, an appeal can only be argued based on law and not just because you weren’t satisfied with the verdict. An appeal must prove that there was an error of law during the personal injury case.
There are several reasons why an appeal should be made, some of which include the following;
- If there was a presence of Jury misconduct in the case
- If the testimony of a witness is incorrect
- The verdict was not in accordance with the law.
- There is no evidence to back up or support the verdict, among others
An experienced personal injury lawyer can help you determine if you need to appeal your case or otherwise.
How Do I Appeal a Personal Injury Case?
Appealing a personal injury case is not entirely different from other case verdicts. A plaintiff or a defendant has the right to appeal a personal injury case. The first step to appeal a Personal Injury case is filing a notice of appeal, which can be done within 30 days of the verdict of the initial court.
The plaintiff is the appellant, and the defendant is the appellee. Once the appeal has been filed, the appellant and the appellee must submit a brief to the court within 30 days and the other parties involved.
In some complicated personal injury cases, the brief is followed by an oral argument. During the oral argument, it is stated clearly why the appealing party disagrees with the initial court ruling. Once the oral argument is over, the appeal is officially submitted, and the case will be reexamined.
For straightforward cases, oral arguments might not take place for judgment to be reached.