If your personal injury case makes it through trial and you receive a judgment you disagree with, you might feel relieved to know that you have the option to appeal the decision if you wish to attempt to have it overturned. The process can be relatively complicated, however, so it is important to hire an experienced personal injury attorney to walk you through it and ensure your second chance is your best chance of obtaining the compensation you deserve.
Appealing a Personal Injury Judgment
To appeal a jury’s decision, you can apply to a higher court and explain why you believe the verdict is incorrect. Generally, you will have 30 days, beginning on the date of your judgment, to file an appeal. You might also consider filing a motion for a new trial, which would go through the same court that held your first trial.
However, when you request a new trial, you must cite a valid reason why you should be granted a new trial. Here are some reasons why a court might grant a new trial:
- Juror misconduct
- A mistake in the law
- Misconduct from the other party
- New evidence
- Any other reason that might have prevented you from obtaining a fair trial
Moreover, you only have 10 days after receiving a judgment in your initial trial to file a motion for a new trial. Regardless of the method you choose, you will need to obtain transcripts of the lower court proceeding and a docketing statement of the lower court proceedings. If you are requesting a new trial, you need to have documents prepared that explain what sort of errors the lower court made.
It is not enough to disagree with the jury’s verdict when choosing to file an appeal. You must be able to cite a specific reason why it is incorrect. If you believe the jury did not consider the judge’s instructions, or a witness of yours was not allowed to testify, these might both serve as acceptable reasons for why you are requesting a new trial or filing an appeal. Additionally, you do not have to limit yourself to one of these reasons. If there are several reasons why you believe the jury’s verdict is incorrect, cite them all.
Speak to a Knowledgeable Personal Injury Attorney Today!
If you believe the judgment in your personal injury case was incorrect, you need to contact the team at Rafi Law Group for the assistance you need to file an appeal. Our personal injury attorneys have the experience and insight that can make a difference in your case, so you can obtain the compensation you rightfully deserve. Backed by a history of proven success, you can trust that our team will be able to obtain the results you need, so you can move past this terrible incident.
Contact our law firm today at (623) 207-1555 to request a free initial case review with a compassionate member of our legal team to learn more about what we can do for you.