Can I Appeal a Personal Injury Case?

The majority of personal injury cases that don’t settle before trial are decided in the courts. Unfortunately, this could result in a case being dismissed even before a jury ever gets to hear the victim’s story, or could result in an unfavorable decision. Any number of factors, such as misleading evidence, can result in you losing, which is why you might consider seeking an appeal.

Appeal Process

If you (as a plaintiff) lose your case, an appeal does not automatically happen. Your attorney must file a notice of appeal. If you appeal, you become the appellant and the defendant's designation becomes appellee. Your appeal is going to be quickly followed by a Motion to Dismiss the Appeal from the defendant's attorney.

Another option that may be available to you is a motion for a new trial. To ask for a new trial, you must cite one of the reasons below:

• Misconduct by the jury or the other side
• New evidence
• Law error
• Any other issue that kept you from having a fair trial

You have to act quickly to file a motion for a new trial because you have only ten days after the jury verdict to make this request. If your appeal is dismissed, you may have to pay for the appellee's legal fees and court costs. On the flip side, to overcome a Motion to Dismiss Appeal, there must be sufficient evidence of a poor ruling made by a judge or jury.

The appeal process can be tedious and time-consuming, to say the least; don’t be surprised if a ruling takes several years. In appellate court, any of the following could occur:

• Lower court's decision is reversed (you win the appeal)
• Lower court's decision is affirmed (you lose the appeal)
• Case is sent back for further proceedings

If you have been harmed by another person and are seeking compensation for your losses, it is important to discuss the circumstances of your injury with an experienced attorney. Contact our Orange County personal injury lawyers at Law Office of Marshall Silberberg today to learn more.