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Am I Able to Appeal a Personal Injury Case?

Am I Able to Appeal a Personal Injury Case?

Posted By Boswell & Dunlap LLP || 7-Mar-2017

Sometimes, victims may not be satisfied with the results of their personal injury case. Whether it results from poor legal representation, erroneous details, or a difficult and challenging case, unsatisfactory results can greatly threaten victims and their ability to cover the costs of their damages, including their medical expenses, lost wages, and more. Sometimes, a losing result means no compensation at all.

At Boswell & Dunlap LLP, our Polk County personal injury lawyers always strive to help our clients secure the maximum compensation possible in their cases. However, we know that some injured victims don’t receive the level of representation they deserve, and may be left with results that fail to meet their needs. Fortunately, there may be options for victims who wish to dispute the results of their case, but these options may not always be available.

First and most importantly, your option to appeal a personal injury case will depend on whether you settled the case or whether it was resolved through a verdict or judgment.

  • Settlement – Victims who settle their personal injury claims are generally NOT able to file an appeal. This is because settlements are out-of-court negotiations reached between a defendant and a plaintiff, and they typically include terms that bar the consenting victim from pursuing any more claims against the defendant in connection to the incident.
  • Trial Verdict – Victims whose cases are resolved though trial DO have the option of filing an appeal. This appeal may challenge the outcome reached by a jury or judge.

If your case was resolved through trial, you certainly have the option to appeal the decision reached in the case. Whether you have valid cause to do so and the time and energy are entirely separate matters. Here are a few things to think about when considering a personal injury appeal as a victim:

  • By filing an appeal, you are asking a higher court to review the case and reverse the decision reached in the lower court. The appellate process is much different than that used in the initial case, which is why you need an attorney who has experience filing appeals.
  • Appeals are not automatic. You will need to file an appeal, which will likely be contested immediately by the defendant with a motion to dismiss.
  • Simply being dissatisfied with the outcome of your case is not enough to file an appeal. In order to file an effective appeal, you will need to demonstrate some type of reversible error in the case, such as that a lower court incorrectly applied the law to your case.
  • In some cases, depending on what you are disputing in your case and the decision reached at trial, you may have the option to file a motion for a new trial. This new trial may introduce new evidence critical to your case.

Ultimately, considering whether you have valid cause to pursue an appeal or a new trial is crucial to whether you should move forward with an appeal. Remember, the appellate process can be complex and challenging, and it can also take a long time for the process to unfold. There is no guarantee your case will make it through the process, and if it does not, you may be liable for the fees of pursuing the case.

Boswell & Dunlap, LLP understands the importance of securing full and fair results that provide our clients with the justice and compensation they deserve. This is why we want to stress the importance of choosing the right personal injury lawyer early in the process, as it can make all the difference in the outcome of a case.

If you have questions pertaining to personal injury, or would like to discuss a case with a Bartow personal injury lawyer from our firm, contact us today for a free consultation. We serve clients throughout Polk County and the surrounding areas of Florida.

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