Can You Appeal a Verdict in an Injury Case?
If the verdict in your personal injury case in New York went against you, all is not lost. You have the right to appeal the verdict with a higher court, requesting that the decision is overturned.
Whenever someone loses a case, they have the right to appeal. When it comes to personal injury, that is true whether the verdict went against the plaintiff or the defendant. In an appeal, the party requesting it is called the appellant, and the other party is known as the respondent.
Appeals are heard before the next highest court, the Appellate Division. This court has the power to change or reverse decisions made by the lower court.
Your appeal is based on various factors. In a personal injury case, the appellant asks the higher court for a review of the trial. Your lawyer informs the court why the appellant believes the verdict was wrong and requests that the court overturns it.
In some circumstances, you may make a motion for a new trial. However, this request does not go to the appellate court, but to the court that conducted the original trial. This requires filing within just ten days of the verdict. You must cite misconduct by either the jury or the other side, new evidence, or some other consideration that prevented you from receiving a fair trial.
A seasoned personal injury lawyer at Douglas & London can pursue your appeal in the state’s appellate courts.
The Appeals Process
You think the jury’s decision was incorrect, but that is not enough on which to base an appeal. You must have reasons specific to your case. For example, maybe an expert witness was not permitted to testify on your behalf by the court. Perhaps the court did not allow the jury to consider specific evidence that it should have evaluated.
In an appeal, filing the correct paperwork is essential. Not only must your attorney cite how the jury’s decision was wrong, but why the law favors you in this situation. The lawyer must file all the relevant supporting documentation.
The process starts with the filing of a Notice of Appeal. The deadline for filing is short, which is why you may hear the lawyer state immediately that the client intends to appeal. Once you receive an Order or Judgment with Notice of Entry, you must file an appeal within 30 days. Keep in mind that the filing of a Notice of Appeal is almost inevitably followed by the respondent’s lawyer filing a motion to dismiss it.
The next step involves Perfecting the Appeal. Perfecting means preparing the case for the appellate court. Your lawyer will get the trial transcript, the record of appeal, and write and serve a brief putting the appeal on the court’s calendar. It includes a great deal of paperwork, basically including all the documentation considered by the court in making its decision.
Appellate Court Decisions
Appellate court decisions take a long time. Expect two or more years to pass from the time the appeal is filed until a decision is reached. The appellate court will make one of three decisions. These are:
- Reversing the lower court’s decision
- Affirming the lower court’s decision
- Sending the case back to the lower court for additional proceedings.
If the decision is reversed, you have won your appeal. If it is affirmed, you have lost it.
The Court of Appeals
If the appellate court upholds the lower court’s decision, it is still possible to appeal before New York’s Court of Appeals, the highest court in the state.
Contact a New York Personal Injury Lawyer
If the verdict went against you in your trial, it is essential that you choose a lawyer experienced in arguing cases before the appellate court. Since time is of the essence when filing, contact a New York City personal injury lawyer at Douglas & London today. Arrange a free consultation via text, phone, or email, or submit our online form to schedule an appointment. We will evaluate your case and determine whether your appeal may prove successful. Hablamos Español.
