How to Appeal a Personal Injury Case Verdict

Understanding the Appeals Process

An appeal is a legal request to a higher court to review and potentially overturn a trial court’s decision. Unlike a new trial, an appeal does not involve presenting new evidence or re-examining witness testimony. Instead, it focuses on identifying legal errors that may have affected the verdict.

Grounds for Appeal

To successfully appeal a personal injury verdict, you must demonstrate that a legal mistake occurred. Common grounds for appeal include:

1. Judicial Errors – Incorrect jury instructions, improper admission or exclusion of evidence, or bias from the judge.
2. Procedural Mistakes – Violations of court rules, such as missed deadlines or improper conduct during trial.
3. Jury Misconduct – Jurors discussing the case outside deliberations, using outside information, or showing bias.
4. Insufficient Evidence – The verdict was not supported by the evidence presented.
5. Excessive or Inadequate Damages – The compensation awarded was unreasonably high or low.

Steps to Appeal a Personal Injury Verdict

1. Consult an Appellate Attorney

Personal injury appeals require specialized legal expertise. An appellate attorney reviews trial records, identifies appealable errors, and crafts persuasive legal arguments.

2. File a Notice of Appeal

The appeals process begins by filing a Notice of Appeal within a strict deadline—typically 30 days from the judgment date, though this varies by jurisdiction. Missing this deadline forfeits your right to appeal.

3. Obtain the Trial Record

The appellate court reviews the trial transcript, exhibits, and motions. Your attorney will request these records to identify errors.

4. Draft the Appellate Brief

The appellate brief is a written argument explaining why the verdict should be overturned. It must:

• Summarize the case facts.
• Identify legal errors.
• Cite relevant case law and statutes.
• Request a specific remedy (e.g., a new trial or modified judgment).

5. Respond to the Opposing Party’s Brief

The defendant (or plaintiff, if they lost) will file a response brief defending the verdict. Your attorney may file a reply brief to counter their arguments.

6. Oral Arguments (If Applicable)

Some appeals involve oral arguments before the appellate judges. Your attorney presents key points and answers questions about the case.

7. Await the Appellate Decision

The court may:

• Affirm the original verdict.
• Reverse the decision and order a new trial.
• Modify the judgment (e.g., adjust damages).
• Remand the case back to the trial court for further proceedings.

Common Challenges in Appealing a Personal Injury Case

High Burden of Proof

Appeals courts defer to trial judges’ rulings unless there is a clear legal error. You must prove that the mistake materially affected the outcome.

Limited Scope of Review

Appeals focus on legal issues, not factual disputes. Even if the jury’s decision seems unfair, appellate courts rarely overturn verdicts based on factual disagreements.

Cost and Time Considerations

Appeals are expensive and time-consuming, often taking months or years. Weigh the potential benefits against legal fees and delays.

Alternative Options if an Appeal Fails

Motion for a New Trial

If the appeal is denied, you may file a motion for a new trial in the trial court, arguing that errors warrant reconsideration.

Settlement Negotiations

Even after a verdict, parties may negotiate a post-trial settlement to avoid further litigation.

Petition for a Higher Court Review

In rare cases, you can petition the state supreme court or U.S. Supreme Court for review, but these courts accept very few appeals.

Key Takeaways for a Successful Appeal

• Act quickly – Strict deadlines apply.
• Hire an experienced appellate lawyer – Trial attorneys may lack appellate expertise.
• Focus on legal errors – Emotional appeals won’t sway appellate judges.
• Prepare for a lengthy process – Appeals require patience and persistence.

By understanding the appeals process and working with a skilled attorney, you can maximize your chances of overturning an unfavorable personal injury verdict.