Did you know that up to 95% of all personal injury cases are resolved with out-of-court settlements? But if your case is one of the few that make it to trial, it will end with a judge or jury giving their verdict on the case based on the facts presented as well as the applying laws as explained to them by the judge. However, you should note that the outcome of a trial is very unpredictable and it may or may not be in your favor. In the event that you are not satisfied with the decision made by the court, you have a right to appeal the verdict.
An appeal is an official request to a higher court (an appellate court) to change or reverse the verdict made by a lower court. Keep in mind that appeal cases are different from trial cases. This is why you need to consult an experienced Irvine personal injury appellate lawyer who can help you with the appeals process. Gusdorff Law specializes in state and federal appellate litigation all over California with a focus on plaintiff personal injury. If you are planning to appeal a verdict in your personal injury case, we can provide the necessary legal assistance. Call us today at 818-877-4515 for a comprehensive review of your case.
Can I Appeal a Verdict in My Personal Injury Case?
If you were injured as a result of someone else’s negligence and wish to appeal a verdict in your personal injury case, you have a right to do so. However, appeals in civil cases, including personal injury cases, are not automatic. While you have a right to file an appeal, you need to ensure that you have a valid basis for doing so. Just because you are unhappy with the verdict, it doesn’t make you eligible for filing an appeal.
Personal injury appeals are based on legal errors or omissions committed in your case rather than issues of fact or credibility. Basically, the appellate court reviews the records from the initial trial to determine whether a miscarriage of justice happened to result in an unfair verdict. it doesn’t mean a fresh start to your case.
Before proceeding with the process of filing an appeal, you need to ensure that you identify a valid legal issue that influenced the outcome. An experienced appellate attorney at Gusdorff Law in Irvine, CA will evaluate your case and help you determine your eligibility to file an appeal.
However, it is important to note that a verdict appeal isn’t a possible option in cases where a settlement offer has already been accepted. When a plaintiff accepts a settlement offer, they essentially forfeit their right to pursue legal action against the defendants. This is why it is always crucial to involve an experienced attorney before engaging in settlement negotiations.
What Are Some of the Reasons That I Could File an Appeal?
You need a valid and sufficient reason to file a personal injury appeal in California otherwise it can prove to be very expensive and time-consuming in case it is dismissed.
Here are some legitimate reasons why you may choose to file an appeal:
- The lack of sufficient evidence to support the verdict delivered
- The judge denying evidence that should have been permitted
- The judge instructing the jury on laws that don’t apply to your case
- The judge explaining the applying laws in biased manner
- The decision of the court to reject the testimony of an expert witness based on the assumption that the witness wasn’t qualified as an expert in the case
- The verdict was given against the law
- Jury misconduct, for example, withholding information that may influence the juror’s decision, carrying out an independent investigation, discussing the case with individuals not on the jury, making a verdict on the case with other jury members before both parties have presented their evidence.
If you identify any of the above factors in your case, you may have a solid chance of filing a successful appeal. You will need to provide strong evidence of the presence of the identified factor. The point is, there needs to be evidence of some sort of legal misconduct that was prejudicial against you.
What Are the Grounds for Appeal?
Under California’s Code for Civil Procedure, you can file for a new trial under the following circumstances:
- Misconduct of the jury
- Error in law during the trial
- Excessive or inadequate damages
- Irregularities in court proceedings, jury proceedings, or any other order of the court.
Why Should I Hire Gusdorff Law to File My Personal Injury Appeal?
When filing a personal injury appeal in California, you want to work with someone who has special knowledge of and vast experience in appellate litigation. Gusdorff Law specializes in state and federal litigation with a focus on plaintiff’s personal injury law. We have been exclusively handling writs and personal injury appeals since 2006.
If you’ve been injured as a result of someone else’s negligence and have been handed down an unfair verdict, you need to find an appellate attorney who has your best interests at heart and who also has the capability and will to help you pursue your interests to the full extent of California Law. Through our unique approach to appellate law and delivery of persuasive arguments, we provide you with the best weapon against unjust judgments.
Get an Expert Irvine Personal Injury Appellate Lawyer on Your Side!
There is nothing worse than dealing with the effects of a personal injury and getting an unfavorable outcome in your personal injury case that doesn’t help your situation. At Gusdorff Law, we believe that you need maximum financial compensation to help you get back on your feet and as soon as possible. If you want to challenge an unfair verdict in your personal injury case in Irvine, California, we will help you secure the best chances of success.
While we can’t guarantee the outcome of the case, we will draw from our skills, resources, and experience, to thoroughly assess your case and determine whether filing an appeal should be your next course of action. And if so, we will build a strong case for a successful personal injury appeal. Contact us today at 818-877-4515 to schedule a free consultation session.