If you lost a family member or suffered injuries resulting from a defective product, you might be eligible for compensation. Unfortunately, the product manufacturers and designers have the finances and expertise to challenge such claims and win. At the Gusdorff Law Firm, we believe all is not lost and can help you appeal and get justice.
Although it’s an uphill legal battle, our experienced legal team has a history of successfully appealing product liability decisions. Gusdorff Law specializes in handling state and federal appellate litigation all over California. Speak with an Irvine product liability appellate lawyer at 818-877-4515 for a free initial case evaluation and get the legal help you need to appeal and get a favorable outcome.
Table of Contents
Can I Appeal My Product Liability Verdict?
Defective products can lead to a wide range of injuries such as broken bones, lacerations, spinal cord injuries, brain injuries, burn injuries, and even wrongful death. Whether the defective product is a piece of construction equipment, motor vehicle parts, or prescription drugs, you might be eligible for compensation.
Unfortunately, product liability law is complicated, and you might lose the case in court. If you disagree with the court’s decision, you have a right to appeal the verdict.
At Gusdorff Law, we have many years of experience dealing with product liability appeals, and we can help you get justice. We will present argue your case in an appellate court to get you the justice you deserve.
What Are Some of the Reasons That I Can File an Appeal?
Even though you have a right to appeal a product liability judgment or jury verdict, you may not have a legal reason or grounds for an appeal. Civil appeals, including appeals for product liability cases, are based on issues of California law instead of matters of fact.
Appeals for the verdict of product liability cases must be based on an error of the law committed in the lawsuit that was prejudicial to you. Being dissatisfied or unhappy with a verdict or judgment made by the court is not sufficient reason to file an appeal.
An appeal is not a retrial or “do-over” for your lawsuit. California appellate courts consider the records from lower courts to determine whether the judgment or verdict should be remanded to the lower court for further action or reversed. Examples of grounds for filing a product liability appeal include:
- Jury misconduct
- The lower court’s decision to deny evidence that should have been allowed
- Lack of sufficient evidence to justify the ruling or the ruling is against the law
- The jury received instructions from the judge about laws that did not apply to your lawsuit, and the judge explained the laws in a biased manner
- The judge denied the testimony of an expert witness on the grounds that they were not “experts” and was incorrect
If you lack sufficient grounds for an appeal, the appellate court may throw out your appeal without looking at any other arguments in your appellate brief.
What Should I Expect When Filing an Appeal?
The process of filing a product liability appeal may be complicated, but an experienced attorney will guide you through it. Below are general steps for filing a product liability appeal:
Notice of Appeal
A notice of appeal is a document you file in the court where the verdict was made. This document notifies the court and the other side about your intention to appeal the court’s decision. It’s the first step in the appeal process.
Determine the Time Limit to File the Notice of Appeal
The time you have to appeal a product liability judgment depends on whether the verdict was “entered” and “noticed.” The judgment is “entered” once it’s stamped as “filed.” Depending on the case, the time limit can range from 30 days to 60 from when the judgment is stamped as “filed.”
Also, it can range from 90 days to 180 days after judgment entry. Your appeal will be automatically dismissed if you try to file a product liability appeal after the deadline lapses. Contact us at 818-877-4515 to help you prepare for the appeal before the deadline.
Serve the Appeal Notice
Please make a copy of the notice of appeal after it has been filed and stamped by the clerk. You should give one copy of this notice document to the attorney of the other side or directly to the other side if there is no lawyer.
Determine Whether to “Stay” Judgement Execution
By filing an appeal, you are not preventing the other side from taking the judgment to their advantage. It means that the other side can start to execute the judgment ten days after the entry of the verdict.
The judgment collection may involve attaching your bank accounts or garnishing your wages. If you want to stop the other party from collecting the judgment during the appealing process, you undertake the “stay” (pause) judgment execution procedures.
Why Should I Hire Gusdorff Law to File My Appeal?
We understand the severe consequences a defective or dangerous product can have in your life. It becomes devastating when you file a lawsuit, and you lose due to the legal system’s complexity. When it comes to appealing the verdict, you want to hire an attorney that will not fail you. At Gusdorff Law, we understand your frustration, and we are committed to ensuring you get justice. The reasons below make us the best candidate for product liability appeals:
With many years of experience in appealing product liability cases, we are familiar with all the finer details needed. Our team understands that every situation is unique and uses unique methodologies to deal with cases.
At Gusdorff Law, we understand how much you may have spent during the case, and you might be facing a financial crisis. We offer free initial consultancy, something you might not get from other product liability appellate lawyers in Irvine.
We understand the consequences you may have faced due to the defective product and the pain you feel when the verdict denies you compensation. At Gusdorff Law, we are committed to ensuring our clients get justice. Call us at 818-877-4515, and we will help you file an appeal.
Get an Expert Irvine Product Liability Appellate Lawyer on Your Side!
Many manufacturers and sellers will do everything to avoid compensating you due to a defective product. Without an experienced legal team, there are high chances of losing a product liability case in court. With Gusdorff Law, you still have an opportunity for fair compensation. We will help you appeal the verdict by helping you file an appeal and representing you in court. Call us at 818-877-4515 for a free consultation and professional guidance.