Personal injury cases are lengthy and are often difficult mentally, physically, and financially for all those involved. In most cases, plaintiffs want appropriate compensation for their injuries so that they can get back to living their lives. However, what happens if they end up losing their case? Are there options for injured plaintiffs if the court doesn’t side in their favor?
What Can I Do If I Lose My Personal Injury Case?
If you end up losing your case and believe that your case wasn’t held fairly or there were key pieces of evidence or points that were overlooked, you may be eligible to file for an appeal. Appeals shouldn’t be filed unless there is a particular reason for it. Any appeal filed without reason will likely be tossed out or rejected by the court.
Can I Appeal The Verdict
Yes. You are entitled to appeal your case’s verdict within a certain time frame established by your state. Most attorneys will immediately begin to file an appeal after the decision on your case has been made in order to jump-start the process. A few reasons why some people file an appeal after hearing the verdict of their case are:
- There is new evidence- Sometimes, new evidence will surface after the trial that can implicate the defendant or prove innocence on behalf of the plaintiff. This evidence could have the ability to change the entire outcome of the case and should be taken into account.
- There was a mistake in the law- This essentially means that the law was incorrectly applied to your case where it should not have been applied. This could be due to ignorance, negligence, or a general misunderstanding.
- There was misconduct from the jury- This issue could entail a few inappropriate behaviors on behalf of jury members. If members of the jury communicate with third-party officials involved in the trial and make decisions on behalf of those third-party officials, that could constitute misconduct and lead to a retrial.
- There was misconduct from the opposing side- If any member of the opposing party acts unjustly or attempts to sway officials using any means, you may also be eligible for a retrial.
- There is another issue that kept you from having a fair trial- If there is evidence of other misconduct or misinterpretations of evidence that cause the trial to proceed unfairly, you may be able to appeal the original verdict.
If you notice one of these actions going on or have heard from your attorney or anyone else that there is evidence of wrongdoing that affected the outcome of your trial, you may have strong grounds for an appeal.
Additionally, you are ineligible to appeal your case if you and your attorney have accepted a settlement from your opposing party.
How to Appeal the Verdict
After concluding that your trial was unjust and you would like to file an appeal, speak to your attorney about beginning your appeals process. The sooner you communicate your wish for an appeal, the sooner your attorney can get documentation available. This documentation is used to serve the other party and let them know of your decision. You also have the decision to appeal to a higher court with your case, which you will need previous court transcripts for, or to commit to a retrial.
In order to properly appeal a case, you have to have the grounds to do so or a specific reason supported by evidence. It isn’t enough to believe that you have been treated unfairly; you need to have evidence. This evidence could be in the form of not letting an expert testify in your favor, not allowing the jury to look over certain pieces of evidence or the discovery of new evidence that could end up altering the jury’s decision.
What Happens After an Appeal is Filed
After an appeal is filed, all proceedings with the case are halted until the appeal is addressed. This means that, for the time being, any damages that were established during the original case are put on hold. Depending on the case and what evidence is provided along with the appeal, the process could take around six months to complete.
It may be helpful to continue to meet with your attorney during this waiting period to strengthen and improve upon your case in the chance that the court grants your appeal.
What Are The Outcomes of an Appeal?
The appellate court will look into your appeal and your evidence and decide an outcome-based upon the information you have provided to them. After deliberating about your case, they can grant one of these few outcomes to your appeal:
- They can deny your appeal- In this case, they assert that they believe your case was treated fairly. They can affirm the original verdict and allow it to stand moving forwards.
- They can reverse the decision- If they choose to reverse the decision of the trial, an entirely new trial will be ordered. This creates a blank slate and a second chance for you and your attorney to gather up evidence and present it in a different way to a whole different audience.
- They can call for a retrial- Typically, this happens when new laws determine a different standard for courtroom practices and your case did not follow that new standard. In this case, they could end up retrying the case or determining a different verdict.
Generally, the appellate court will grant a reversal in the decision and order a completely new trial if they feel the appeal is valid and contains sufficient evidentiary support; however, a retrial is necessary in some cases.
Contact The Eichholz Law Firm to File a Personal Injury Case
If you have sustained a personal injury due to the negligence of another and would like to file a case, contact The Eichholz Law Firm. Our attorneys have the experience and expertise to handle your case and ensure you and your loved ones get the help and support you need during this trying time.