Personal injury law on a desk and gavel.
Although many personal injury cases find settlement outside of court, the truly contentious ones will proceed to trial. There, as the plaintiff, you and your lawyer will present evidence to prove that the other party, the defendant, is at fault for your injury or other damages. However, if the defendant refutes that evidence, you may lose your case. This does not have to be the end as you have the right to appeal your personal injury case decision.
The Difficulties of Appealing a Personal Injury Case
In personal injury cases, the losing side has the right to appeal. This means if you win, the defendant could also appeal the decision. Luckily, this does not happen often for usually one reason – money. Appeals take time and a lawyer wants to be paid for their time.
Most personal injury lawyers work on contingency, meaning they get paid when you win. If you lose, they may not want to waste any more time on an appeal. They may request upfront payment for time spent on an appeal as well. You are also within your right to try to find another lawyer to appeal your case, but if it is not strong enough, it may be difficult to find a lawyer willing to work on an appeal for a contingency.
How Filing an Appeal Works
If you lost your personal injury case, an appeal is not automatic. You will need to express your desire to appeal with your attorney who will then file a notice of appeal. Now, your case is about not only having evidence of the defendant’s fault in your injury, but you must also prove that the previous judge’s decision was wrong somehow. If new evidence has come to light, this can help. You will find many judges are hesitant to disagree with another judge’s ruling unless there is strong evidence of wrongdoing, bias, or evidence the previous judge did not get to consider.
Need Help?
Have you lost your personal injury case and wish to appeal? Contact us to see if we can help. Lederer Nojima is willing to look over your case for appeal and give you our honest opinion on your chances.
