Through a personal injury claim, an individual hurt due to the negligence of another party has the right to seek financial compensation for their damages. If you received an adverse decision in a personal injury case, you may have the right to file an appeal. Here, our Los Angeles civil appeal lawyers highlight the key things to know about appealing a civil judgment in California.
Similar to other types of civil matters, personal injury verdicts can be appealed in California. Both parties have the right to file an appeal in a personal injury case.
If you were injured in an accident and the court refused to find liability or award damages, you may be able to file an appeal. Defendants—including insurers—also have the right to appeal an adverse decision.
The Grounds to Appeal a California Personal Injury Case
When you file an appeal in a personal injury case, it is not enough to assert that the trial court reached the wrong decision. You must have specific grounds on which to appeal the unfavorable judgment. Some of the most common reasons why personal injury decisions are appealed in California include:
- Refusal to allow relevant evidence into court;
- Another procedural error by the trial court;
- Misapplication of law by the judge; and
- Misconduct by one or more members of the jury.
Strict Deadline to Appeal in a Civil Judgment
Under California state law, many civil appeals must be initiated within 30 days. To start the appeals process, you must submit a notice of appeal. If you fail to initiate the appeals process before the deadline expires, you will likely miss out on your opportunity to do so. Protect your rights: Consult with a Los Angeles appellate lawyer as soon as possible after an unfavorable judgment is entered.
You Cannot Appeal a Personal Injury Settlement
Only a small percentage of personal injury claims ever make it to court. An even smaller share actually receives a decision. Settlements are far more common. While you have the right to appeal an unfavorable verdict in a personal injury case, you cannot appeal a personal injury settlement.
What Happens After a Successful Appeal Depends on Many Factors
How exactly the appeals process will proceed depends on several factors, including the specific grounds on which the original verdict is appealed. In many cases, a successful appeal will result in a new trial. Though, that is not the only possible result. In other cases, the appellate court could potentially reverse the decision or increase/reduce compensation.
Get Help From a California Civil Appeals Lawyer Today
At The Appellate Law Firm, our California appellate lawyers have deep experience handling civil cases. If you are preparing to appeal an adverse verdict in a personal injury case, we can help. Call us now or use our online contact form to schedule your confidential initial consultation. With an office in Los Angeles, we handle civil appeals throughout California.