When You Can’t Appeal A Personal Injury Case
Suffering a personal injury due to someone else’s negligence is incredibly distressing, and it is common for people to move forward with seeking compensation for losses through legal action. While it is important to protect your rights, not every outcome in a personal injury lawsuit is favorable. And if you receive an outcome you are unhappy with, you may be inclined to appeal the decision.
In some situations appealing a verdict is a legitimate course of action, but personal injury cases have certain limitations when it comes to appealing. To explore reasons why you can and can’t appeal a personal injury case in Florida, discuss your situation with a Tampa appellate attorney. Understanding some of the legal limitations will help you navigate the legal process more effectively and set realistic expectations for your case.
Jury Decisions and Identifiable Errors
In personal injury cases involving a jury, the jurors play a crucial role in determining the outcome of the case. Their job is to evaluate the evidence, listen to witness testimonies, and weigh the credibility of what they are hearing and seeing. Once a jury verdict is reached it is considered final. Appellate courts typically abide by the jury’s decision and do not interfere with their determination of facts.
To have grounds for an appeal, there must be identifiable errors in law or legal procedure, and these errors have to have had a significant impact on the outcome of your personal injury case. It is important to note that not every legal error warrants an appeal, because it needs to be proven that the error was weighty enough to have had a material effect on the outcome of the case. Common legal errors that may be considered for an appeal include improper jury instructions, exclusion of crucial evidence, or judge or opposing counsel misconduct.
Whether or not a decision can be appealed is connected to the burden of proof, a fundamental aspect of Florida personal injury cases. To succeed in your lawsuit, you must provide sufficient evidence to establish the other party’s negligence and that their recklessness was the direct cause of harm sustained. Additionally, you need evidence of the extent of your injuries.
Failing to present convincing evidence during a trial significantly hinders your chances of receiving the outcome you are seeking. That said, a lack of sufficient evidence alone is not a valid reason to appeal a personal injury case. Appeals courts are not established to reassess cases, so they will not reevaluate the evidence presented during the trial.
Consult with an Attorney
Wanting to appeal an unfavorable case outcome makes sense, but it is essential to recognize the limitations and challenges of an appeal. Talk through your case, including the jury’s decision, legal errors, and evidence concerns with a Tampa appellate attorney.
Could appealing be an option for you? Have a seasoned attorney guide you through next steps. With over 40 years of combined experience, the attorneys at HD Law Partners can help. Call 813-964-7878 to schedule a free consultation.