Most personal injury claims are settled informally, but some victims feel strongly about resolving the matter before a court. Unfortunately, civil litigation is never guaranteed, meaning that there exists a chance that the injured victim will not receive a fair settlement or any settlement.
If litigation fails to yield a satisfactory personal injury award, the victim may want to file a civil appeal and ask a court of appeals rectify the situation. However, you must have an attorney who understands the justifiable grounds for an appeal.
Three examples of commonly accepted appeal grounds
Filing an appeal is a complicated process best handled under the guidance of an experienced appellate professional. By working together, the injury victim and the appellate attorney can determine if there are justifiable grounds to file an appeal, such as:
- The judge made a legal error during the original trial and the error led to an incorrect legal decision.
- The court did not hear certain evidence because of fraud by a defendant.
- There was misconduct by the judge or jury during the trial
The grounds discussed above are only examples and may not represent all valid reasons an appeal may be allowed. Typically, the right to appeal a case depends on several factors, each unique to a victim’s specific case. Please contact our office as soon you learn of an adverse judgment in your personal injury case because you typically have only thirty-days to file an appeal. One of our appellate attorneys will provide you with a consultation at no charge.