Taking a personal injury case to trial is a rare move, as most cases are resolved through settlements for the benefit of both parties. However, if negotiations break down or your attorney believes the compensation is far below what you’re entitled to, a trial might be your best option. Going to court carries risks—there’s always the chance of losing the case and receiving nothing or even ending up with less than what was offered during negotiations. But even rarer than taking a case to court, what happens if you believe the verdict was unfair? Are appeals even possible?
Did You Know? Florida leads the country in annual personal injury cases – recording nearly 62,000 cases per year. However, only 4% of these cases make it to trial, with most being settled out of court.
When Can You Appeal a Personal Injury Verdict in Florida?
First, keep in mind that every verdict is appealable just because you’re unhappy with the outcome. Appeals are only considered if there were legal errors during your case—simply wanting a larger settlement won’t be enough. Some valid reasons for an appeal include:
- Key evidence or witnesses were excluded
- Tampering or intimidation involving witnesses or the jury
- Illegally obtained evidence was introduced
- The judge gave unclear or incorrect instructions to the jury
Appellate courts are not the place to re-litigate your case or introduce new, earth-shattering evidence. Instead, they review the trial’s legal process to determine whether mistakes affected the outcome. If appeal courts allowed new evidence and arguments, they would be flooded with unhappy litigants looking for a 2nd chance.
What Is the Appeals Process Like?
Filing an appeal in a personal injury case isn’t as simple as checking a box reopening your case, and many people don’t realize that their original attorney may not automatically handle the appeal. Depending on your agreement with your lawyer, they may require additional compensation to continue working on your case, or you might need to hire a new attorney specializing in appeals. Personal injury attorneys may also not believe your case can win an appeal. It’s your choice to appeal or not, but attorneys will not always recommend appealing based on their experience.
One final point – appeals only relate to cases that go to trial. Most personal injury cases are settled out of court, and these settlements usually include provisions preventing either party from pursuing further legal action. If your case was settled, you wouldn’t have the option to appeal.
Is Filing an Appeal Worth It?
Appealing a personal injury verdict is usually possible, and your decision to pursue, but it’s far from guaranteed. In fact, the appellate court can reject your request to appeal or dismiss the case outright before they look closely at the details. Your attorney should only advise an appeal if they believe there’s strong evidence that legal errors affected the verdict.
Florida provides a 30-day window after the trial to file an appeal, meaning that the rush job of forming an appeal can be expensive and time-consuming, requiring further compensation for lawyers. Again, your attorney would only advise appeal if there is a good reason. Otherwise, an appeal is a waste of their time and yours.
At Probinsky and Cole, we have years of experience handling personal injury cases in Sarasota, Brandon, and Orlando. If you have questions about appealing your case or any other aspect of personal injury law, we’re here to help. Contact us today to schedule a consultation with the Probinsky and Cole team.
