A personal injury case does not always end after the trial court enters a verdict. When your personal injury lawsuit goes to a trial, a jury will make a decision based on the facts presented by both sides. The jury in a personal injury case will decide if the defendant was liable for your injuries, what your total costs were, and what you should be paid based on the defendant’s negligence. The trial jury’s verdict will be the outcome of your trial.
Can you appeal a verdict of a personal injury case? Yes – either side can appeal a verdict after a personal injury trial ends. How well the appeal succeeds will involve different factors and issues in your trial. Keep in mind that simply filing an appeal does not guarantee a different outcome or a new trial.
Reasons to Appeal a Personal Injury Verdict
In some situations, the losing party in a personal injury trial can have grounds to appeal.
Such reasons can include:
- Juror misconduct was involved. Some examples of jury misconduct can include jurors improperly discussing the case with others, failing to disclose a conflict with the case, or using information outside of the evidence provided at trial.
- The judge made a clear error, either in applying the law, approving or denying exhibits, or submitting jury instructions.
- The judge refused to allow evidence that should have been included under the rules of evidence and the facts of the case.
- The judge either allowed or blocked testimony from a witness contrary to the law and facts involved.
To see if you have grounds for an appeal, your Lakewood personal injury attorney will review the legal issues and facts of your case, along with the trial transcript and exhibits that were approved by the trial judge. If any errors were made at the trial court level, a higher court could reverse the decision or send it back for a retrial.
Can I Appeal a Case That Was Settled?
The majority of personal injury cases are settled before a case even goes to trial. Settlements can happen at any point, even before a lawsuit is filed or before a verdict is reached. In many cases, the defendant’s insurance provider will make a fair settlement offer, or the defendant’s attorney will agree to a settlement plan that covers the accident victim’s costs.
A word of caution on settlement agreements: these agreements almost always require that the plaintiff can’t come back with a new lawsuit based on the same facts. Once agreed to by both sides, a settlement will end all open disputes between the plaintiff and defendant. A settlement cannot be appealed to a higher court. Appellate courts will only consider appeals from jury verdicts.
In Colorado, appealing a personal injury verdict requires following certain steps. Strict deadlines apply, and appellate courts will also have requirements about how an appeal is filed and presented.
Consult a Lakewood Personal Injury and Appeals Lawyer
They can review the file and see if any issues in your trial could support an appeal due to an unfair trial or error by the trial judge.
Identify the Court You Need to Appeal to
Your appeal will be handled by an appellate court that is different from the one that held your trial. Filing in the proper court and within their appeal deadline is critical to getting your appeal heard.
Identify the Evidence to be Reviewed in Your Appeal
You cannot present new evidence at the appeals state – you will be limited to the evidence admitted at trial. However, there could have been evidentiary issues at trial that you and your lawyer disagree with, forming the basis for an appeal.
Submit a Brief Supporting Your Argument
The appeals court will review the trial transcript, evidence, and briefs from both parties supporting why the verdict should be overturned or sent back for retrial. Your opponent will have a chance to respond to your brief, and you can reply to their response.
Wait for a Decision
The appellate court will take time to review all evidence, briefs, and all materials in front of them regarding the case. Typically, they will issue a written decision within a few months of the briefs being submitted.
When an appellate court does issue a decision, it could make any of the following rulings:
- Overturn and replace the trial court verdict;
- Affirm the trial court verdict, and leave it unchanged;
- Modify the trial court decision, without overturning;
- Remand the case to trial court for a new trial
Due to the strict rules to follow and how important your appeal is to you, you will want to work with an experienced Denver area appellate attorney if you are disappointed in the outcome of your trial and believe you have grounds for an appeal.
Contact a Lakewood Personal Injury Lawyer for Help With an Appeal
After a jury verdict in a Colorado personal injury case, the plaintiff can appeal, following certain guidelines. To learn more about your legal rights – including your right to appeal – reach out to Matos Personal Injury Lawyers at (720) 912 7274 today.