Most personal injury cases settle during the negotiation stage. Even when the case proceeds to court, there is a chance that the involved parties don’t want to put in the extra time and resources required to face a trial. In this case, the victim or personal injury lawyer and the insurance company might renegotiate. Unfortunately, there are times when negotiations fail, and the case goes to trial.
When a personal injury case goes to trial, there’s always some degree of risk. Even though losing a personal injury case in court is uncommon, it can happen. Losing your case can be disappointing. But the best thing is to consult your personal injury lawyer on the possibility of an appeal.
How to Appeal a Personal Injury Case
To appeal a personal injury case:
- Your lawyer must apply for a review of the case from a higher court.
- They must include reasons for the review in the application.
- They only have thirty days from the judgment day to apply for an appeal.
Grounds for an Appeal
Remember that it’s not enough to just disagree with the court’s decision on your personal injury case. Instead, you must have solid grounds for an appeal. Examples of reasons you can include in your appeal application for a personal injury case include:
- Jury misconduct
- Notable irregularities in the court proceedings
- Lack of enough information to support the court’s verdict
Filing a Motion to Amend the Judgment
Depending on your lawyer’s analysis of your specific personal injury case and the court’s outcome, they may decide to file a motion for a new trial:
- Typically, you must file the motion in the same court the trial was happening.
- Motions for new personal injury case trials have very short deadlines in most states.
- If you fail to file the motion in time, the court’s decision becomes irreversible.
Similar to applying for an appeal, you have to have solid reasons to file a motion for a new trial after losing a personal injury case. Sometimes the deadline can be less than ten days after the court’s judgment. For this reason, talk with your personal injury lawyer immediately after the court’s decision. Together, you can agree on the best legal alternatives for your case.
After consulting with your lawyer, you may decide to appeal or file a motion to amend the judgment. But, whatever conclusion you come to, it’s critical to learn some of the reasons you may have lost your personal injury case so you avoid making the same mistakes.
For a free legal consultation, call 833-552-7274
Reasons Why a Court Might Dismiss a Personal Injury Claim
A personal injury trial is a chance for both the victim and the liable party to defend themselves. If you present weak or unfounded evidence, then the defendant could argue against you and prove that you don’t have a valid claim. If the court agrees with the defendant’s arguments, you will lose the case.
Failing to Appear in Court
As the victim, you must honor trial dates given by the court. If you aren’t present on the trial day, the defendant has grounds to seek dismissal of the case, which the court may honor.
Expiry of the Case’s Statute of Limitations
Adhere to your personal injury claim’s statute of limitations. Failure to do so will lead to dismissal. Not meeting the filing deadline for your case means that you don’t have other legal options after dismissal.
Improve Your Chances of Winning Your Personal Injury Case
Whether you choose to appeal or file a motion for a new trial after losing a personal injury case, the outcome is still dependent on how well you present your case. Do your best to set the ground for a compelling case. Here are some ways to improve your chances of winning your personal injury case in an appeal or new trial.
1. Contact a Personal Injury Lawyer
It is possible to win a personal injury case alone, but there’s a slimmer chance that you will appeal the case and win without professional help. Remember that you have minimal time to amend all the mistakes you made with the initial trial. For this reason, work with a personal injury lawyer.
2. Ensure Your Evidence Is Accurate
An appeal or a new trial is the last legal option you have if you lose a personal injury case. For this reason, you must ensure that all the documents relating to your case are accurate. If you have evidence of medical expenses or lost wages, ensure the information is honest and consistent.
Call Us Today for Legal Help
Losing a personal injury case can be discouraging, but you may have possible alternatives with the proper guidance. Call Dolman Law Group for a free consultation after losing a personal injury case.