One of the major reasons why it is preferable to settle a personal injury case out of court is because there is simply nor guarantee of what the outcome will be. No matter how well we prepare your case, the human factor cannot be accounted for and it is possible that the decision will not go your way.
When this happens, you have the right to appeal your case if you have grounds to do so. An appeal is not the same as a trial in civil court and it is highly recommended to hire a top Riverside personal injury appellate lawyer to represent you to improve your chances of winning. Call Gusdorff Law today at 818-877-4515 to schedule a consultation with an appellate litigation attorney.
Can I Appeal the Verdict in My Personal Injury Case in Riverside, CA?
Unlike criminal cases where only the defendant can appeal the verdict, both parties can appeal in civil cases (like personal injury lawsuits). These parties are referred to as the plaintiff and the respondent. The plaintiff is the party suing in a personal injury case and the respondent is the person being sued. When it comes to appeals, the party petitioning the court to overturn the jury’s verdict is referred to as the appellant and the other party will be the respondent.
Typically, an appeal is made to a higher court than the court that delivered the verdict. If the verdict was delivered in a civil court, the appeal will be made to the appellate division of the relevant civil court or the Appellate Court. If the verdict from the Appellate is not favorable, an appeal can be made to the Supreme Court.
You have 60 days from the date that the Clerk of the Court files the Notice of Entry of Judgment or 180 days from the Entry of Judgment to petition the court. If you miss this deadline, you will not be able to appeal your personal injury case. It is highly recommended to contact Gusdorff Law as soon as possible after receiving an unfavorable verdict from a jury in a civil trial to avoid missing important deadlines and ensure sufficient time to prepare your appeal.
What Are Some Reasons and Grounds to File an Appeal?
The primary reason why people choose to file an appeal is because they disagree with the verdict that was delivered in a personal injury case. The plaintiff may disagree that the respondent is not liable to pay any compensation or with the damages that they are awarded. The respondent may disagree with a decision that they are liable or the damages that they must pay.
The above reasons why you may want to appeal your personal injury are often insufficient grounds for an appeal. Grounds for an appeal are not the same as a reason to appeal. Grounds must have a legal basis and look at the actual trial rather than the same facts and evidence that were brought to the original trial. In most cases, even if grounds for an appeal exist, it must also be proven that these grounds affected the outcome of the trial.
Typically, the following reasons are grounds to appeal a decision in a personal injury case in California:
- An error in the way in which the law was interpreted or used. For example, the judge used a law that did not apply to your unique case or explained the law to the jury in an erroneous or biased manner. The error must have affected the reasoning of the jury and therefore their decision.
- Misconduct by a member of the jury. Misconduct can take many different forms such as speaking to others outside of the jury about the case, taking a bribe and so on. Once again, the misconduct of the juror must affect the outcome of the case.
- Errors or incorrect court procedures.
- Lack of evidence to justify the verdict or the verdict was against the law. If the jury made a decision that was not based on the evidence provided or their decision contravenes another law.
- The judge didn’t allow evidence that should have been allowed or denied the testimony of an “expert” witness.
- The damages that were awarded are reasonably questionable.
The Appellate Court will take into consideration only the grounds for appeal to determine whether they will overturn the original judgment, amend the judgment or agree with the judgment.
Why Should I Hire Gusdorff Law to Appeal My Personal Injury Case?
If you lost your personal injury case or you disagree with the damages that were awarded, it may be because of poor legal representation or because you didn’t have a lawyer in the first place. Gusdorff Law specializes in navigating the appeals process to provide you with the best outcome possible.
Before we appeal your case, we will look for legal grounds. Once we have established that there are grounds for an appeal, then we will contact the other party or their lawyers and attempt to negotiate a settlement. Remember that a settlement is always in your best interests. It saves you time and money on court and other legal fees as well as providing you with an outcome that is certain.
If negotiations fail, we will take care of filing your appeal with the Appellate Court and prepare your case for court. We will present your case in court to ensure the best outcome possible.
Civil personal injury cases can be complicated, especially when they end up going to court. There is always the risk that you will lose or disagree with the damages that are awarded. If this has happened to you, it doesn’t mean that your law suit is over.
You need to contact Gusdorff Law as a matter of urgency to begin the process of appealing your case. Remember that time is of the essence in order to avoid missing the deadline for an appeal.
Contact an Experienced Riverside Personal Injury Appellate Lawyer
If you are not comfortable with the verdict of your personal injury case, and you feel that you had a strong case against the other party, talk to a personal injury appellate lawyer today about your options for appealing your case.
Gusdorff Law can help you with your appeal case. As a certified appellate law specialist, Janet Gusdorff can represent your best interests and give you the advantage in your case. Get in touch with us at 818-877-4515 or request a no-obligation consultation with us online.