Most people are aware that once a verdict has been reached in a court case, there’s an option to appeal it. But can this be done in an injury case?
In general, personal injury cases reach their settlement outside of court. That means there will be no need for a trial, and the parties can both go their separate ways and breathe a sigh of relief that they did not have to spend time worrying about the complicated lawsuit process. But when the case goes to court, a verdict will be reached after the jury or judge makes a decision based on all the evidence provided.
Can you appeal this verdict if you are not happy with it? Read more to find out.
Can You Appeal the Verdict in an Injury Case?
Appeals can be made in injury cases. In fact, appeals can be made both by the defendant and the plaintiff. Usually, defendants who file an appeal feel that they should be paying less in compensation, while the plaintiffs feel that they should receive more.
However, making an appeal is not that easy. This is because you must have a valid reason for submitting it.
What Can Be Grounds for an Appeal?
Now, when the case goes to trial and a verdict is reached, it’s very likely that one of the parties is not going to be happy with it. They may feel wronged, and sometimes they have a valid reason for this. In some situations, there might be an error of the law – so, making an appeal is 100% justified. Luckily, you also have the option to submit an appeal in personal injury cases.
If you do not have a strong reason but you submit an appeal, your request may be rejected. None of your arguments will be taken into account either. This is why you must be very careful and think about whether the appeal has a legal reason or not.
You can appeal the injury case verdict for reasons such as:
- The verdict was against the law
- You suspect jury misconduct, such as the jury members being biased, making their own investigations, or discussing the case with people that are not on the jury
- Evidence that you think should’ve been permitted was denied by the judge
- Testimony from an expert witness was refused by the court as they didn’t think the individual qualified as an expert in this case
- You think there isn’t enough evidence to justify the verdict
- When the judge explained the laws applicable in your case to the jurors, it was in a prejudiced manner
- The jury was instructed by the judge that in your case, laws were not applicable
In other words, you must be able to provide some strong proof of legal misconduct if you want your appeal to even be considered. Otherwise, it will be rejected, and you will have to accept a verdict whether you agree with it or not.
Can Settlements Be Appealed Too?
Settlements are made before the case goes to court. Reaching settlements can be great as it saves time and stress for both parties. But when a satisfying conclusion cannot be reached, the case ends up in court.
Now, if you agree on a settlement outside of court, you should know that you cannot appeal it later. You already agreed on it, so settlements are not an option.
The Process of the Appeal
There are no automatic appeals in civil cases, which sets them apart from criminal ones. The contingency contract may be extended by your attorney if he or she thinks the chances of winning are very high and would then agree to submit an appeal. But if your lawyer disagrees, then you will have to pay them for the time spent working on the appeal.
You may also look for a different attorney who will want to file the appeal for a contingency contract.
Here is what the appeal process will look like:
- Your attorney files the notice of appeal.
- The defense addresses the motion to dismiss the appeal.
- You will go to a hearing where your attorney will have to show proper evidence that an error of law was made during the case or that the decision of the judge was not appropriate.
The Bottom Line
Injury cases happen in all states, but it’s good to know that you can appeal the verdict in such cases. For example, if you are involved in an injury case in Oregon, you should ensure you have the right expert by your side. An Oregon injury attorney will know the right strategies to bring you the justice you deserve and will help you if you need to submit an appeal.
