If you plan to appeal the verdict of your personal injury case, you need to work with an experienced appellate litigation lawyer in San Francisco, California. Most litigants wonder why they should hire a separate appellate lawyer when the trial counsel might be tempted to handle the appeal due to their familiarity with the case and its facts. But you should remember that the expertise required to handle an appeal is quite unique from the skills required to handle a personal injury claim.
If you choose the same trial lawyer to handle your appeal, you may risk losing the appeal due to several reasons. In fact, your trial lawyer may have “tunnel vision” having tried the personal injury claim for so long. They are convinced of the merits of their case and may lose objectivity in the process. That is where a specialized personal injury appellate lawyer comes in handy.
An appellate lawyer takes a fresh look at your case. He or she has extensive experience dealing with personal injury appeals and knows how a given case fits within the overall framework of a given area of law. With dozens of appellate law firms in San Francisco, CA, finding the best appellate lawyer to appeal your personal injury claim isn’t easy. Your research is important when choosing the best lawyer to handle your appeal.
Gusdorff Law in San Francisco, CA is your trusted partner to appeal your personal injury case. We have many years of experience in appellate law in California. In fact, we have prevailed against the best appellate lawyers in the state & know how to make a convincing appellate presentation to the court. Our experienced team pledges to serve and protect your interest at all times. If you are not sure whether you qualify for an appeal, call Gusdorff Law in San Francisco, CA at 818-877-4515 for a free case review!
Can I Appeal a Verdict in My Personal Injury Case?
While most personal injury claims will settle before they go to courts, a few cases would proceed to trial. At the end of the trial, the jury will decide the case based on the facts presented by both parties and the personal injury tort of the state. If you don’t agree with the verdict of the judge, you can appeal your case to a higher court in California. Both, the plaintiff and defendant, can appeal a verdict in a personal injury case in California. If you have won the case and the defendant appeals the verdict, he or she will not pay any money awarded by the jury until the appeals process is over.
What Are Some of the Reasons That I Could File an Appeal?
The reasons for an appeal are already outlined in California law. In fact, simply disagreeing with the verdict of the case is not a valid reason to appeal it. There should be some sort of clerical issue or clear flaw with the trial process to appeal the verdict. Here are some of the most common reasons to file an appeal:
- The judge had denied evidence that should have been allowed.
- The court decided to deny the testimony of an expert witness considering him/her not to be an expert. This decision was incorrect.
- The verdict is against the law, or lack of evidence to justify the verdict.
- The judge explained the law in a biased manner or the jury received information from the judge regarding laws that didn’t apply in your case.
- Jury misconduct including discussing your case with people who were not in the jury or deciding the case with other jurors before both parties presented all their evidence.
If your appeal lacks sufficient reasons for an appeal, the appellate court has the right to deny your appeal without considering any other argument in your brief. That is why you need to consult an experienced appellate lawyer in San Francisco to review your case and know if you can appeal the verdict of the case. Gusdorff Law in San Francisco, CA is your preferred partner to review your case and recommend the best course of action.
What Are The Grounds for an Appeal?
There are 5 typical grounds to appeal a personal injury case in California.
- Jury misconduct
- Error in interpreting and using the law in your case
- Incorrect court procedures
- Damages rewarded are too low or too high
- Lack of evidence to justify the verdict.
One of the most common outcomes of a personal injury appeal is the higher court will order a retrial at the lower court stage. The new trial will need to use exactly the same evidence as before. New evidence cannot be used as it could give an unfair advantage to one side or the other.
Why Should I Hire Gusdorff Law to File My Personal Injury Appeal?
Janet Gusdorff is a Certified Appellate Law Specialist (California Board of Legal Specialization) with more than 15 years of experience handling state and federal appeals. She specializes in plaintiffs’ employment and personal injury matters. The firm offers a unique perspective and approach to appellate law. Janet Gusdorff’s research and writing skills, as well as appellate knowledge, make her an invaluable resource for all trial lawyers.
Contact an Experienced San Francisco Personal Injury Appellate Lawyer
A personal injury case is like a legal contest. One party will demand money for their damages, and the other party will try their best to not pay or pay as little money as possible to the plaintiff. No matter who wins the case in such a situation, the other party is going to be dissatisfied with the outcome.
California law allows both parties involved in a personal injury case to appeal if they think the outcome of a case is problematic. In the appellate system, your case will get another look from a higher court to determine if the decision of the trial court needs to be revised.
If you are searching for the best appellate lawyer in San Francisco, CA to handle your personal injury appeal, you don’t have to look further than Gusdorff Law. If you are not sure whether you qualify for an appeal, call Gusdorff Law at 818-877-4515 to know if you can appeal your case! We offer a free consultation.