If your personal injury case went to trial and you are not satisfied with the outcome, you may be able to appeal the verdict if you think the court made an error. However, many people misunderstand what appealing actually entails – it is not a new trial or an opportunity to retry your case. An appeal is a request to have a higher court change or reverse the decision of the judge or jury in the lower court.
Appellate court cases require plaintiffs to prove that the lower court made a procedural error. If your attorney can prove to the judge there was a mistake that caused your loss; the appeals judge could either remand your case back to the trial court or uphold the prior ruling. It would be best if you considered this decision seriously, however. Filing an appeal of your personal injury verdict can be very time-consuming and expensive. Therefore you will want to be reasonably sure of the outcome before attempting an appeal.
Did you Know? You’ll typically only have 30 days after your verdict to file an appeal.
The Decision to File an Appeal
Most injury lawsuits are settled before going to trial. If a settlement cannot be reached, the negotiations typically continue throughout the trial as evidence is introduced. The trial will proceed unless a settlement is reached before the verdict is entered. Eventually, a judgment will be delivered, and you’ll either be satisfied with the ruling or you won’t. If you disagree with the decision in your case, an appeal may be an option.
Florida state courts have the final word about state laws and constitutions. Your attorney may appeal a state Supreme Court interpretation of federal law or the U.S. Constitution all the way up to the U.S. Supreme Court, which can choose whether or not to hear the case.
When Appealing Your Verdict is Not Appropriate
Everyone is not eligible to file an appeal.
- You cannot file an appeal simply because you lost your personal injury case.
- You cannot file an appeal because you didn’t get as much money as you requested.
- You will not have the opportunity to enter new evidence or arguments
Appealing your verdict is appropriate if your attorney can prove that the lower court made procedural errors that affected the outcome of your case. Errors that may lead to an appeal may include:
- Admissable evidence was not allowed
- The jury instructions were incorrect
- A pertinent expert witness was not permitted to testify
- Jury misconduct or other procedural impropriety
If you decide to go forward with an appeal, your attorney will have to agree to continue to represent you. Unless you and your attorney made payment arrangements for an appeal before your trial, your contractual obligation on both sides likely ends the moment the trial verdict is given. However, if you lose your case and your attorney believes your case is strong enough to win on appeal, they may offer continued representation. At that point, you may decide to stay with them or to find a different attorney.
If you believe an appeal is appropriate but don’t wish to work with the same attorney, call the legal team at Probinsky & Cole. We are here to help you assess your situation and determine if an appeal would succeed.
Probinsky & Cole are personal injury and immigration attorneys with offices in Sarasota, Brandon, and Orlando. Call us today to learn more about your legal rights and opportunities.
