If you are unhappy with the outcome of your personal injury case, you might be able to appeal the decision. When you file an appeal, you are asking a higher court to reconsider the lower court’s decision. There are a few different outcomes you could receive on appeal, and what happens next depends on the specific decision of the appeals court.
In some cases, your appeal could end up in the Supreme Court of California or even the United States Supreme Court. However, the truth is that only a very small percentage of appeals make it that far. Keep reading below to learn all the details about appeals in California, including the valid grounds for an appeal and how to file one.
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Legal Grounds for Filing an Appeal
To file an appeal, you will need valid legal grounds for doing so. Simply being unhappy or dissatisfied with the results of your case does not give you the legal authority to file an appeal.
Some common reasons why you might be able to appeal the outcome of your personal injury case include:
- The judge’s abuse of discretion
- Evidence was improperly withheld from the jury
- The jury was allowed to hear inadmissible evidence
- Jury misconduct, such as not following the judge’s orders
- Errors in jury instructions
- The judge misapplied the law that affected the outcome of your case
- Procedural errors, such as issues with the selection of the jury
- Conflict with existing law or legal precedent
- Excessive damages (could appeal the amount of damages, but not likely to overturn the verdict)
- Your attorney messed up your case
Keep in mind that these are just some of the legal grounds for appeal in California. There may be many other reasons why your case could be appealed after the verdict.
Potential Outcomes on Appeal
It is possible that the appeals court could dismiss your case and refuse to hear it at all. However, if the appeals court agrees to hear your case, there are a few different outcomes that could happen.
First, the appeals court could affirm the lower court’s decision. This means that the appeals court found no legal errors or issues with the original trial, and the verdict will remain the same.
Next, the appeals court could overturn the trial court’s decision. In this situation, the verdict would be reversed.
Finally, the appeals court could clarify certain legal questions and send the case back to the trial court with specific instructions. This could mean that a new trial is required, or it could require the trial court to reconsider the damages or other issues.
The Rules of Appeals
The rules that apply on appeal may differ slightly from those that were used during the trial.
Some differences include:
No New Evidence
New evidence is typically not allowed to be introduced to the court on appeal. If evidence was not presented at trial, that evidence may not be presented on appeal. However, if the appeals court sends your case back to the lower court for a new trial, you will then have the opportunity to introduce any new evidence that may help prove your case.
Different Burden of Proof
At the trial level, the plaintiff always has the burden of proof. This means the plaintiff must prove their case by a preponderance of the evidence. However, the party filing the appeal has the burden of proof on an appeal. This could be either the plaintiff or the defendant.
Before filing an appeal, you should be familiar with the rules that will apply to your situation.
How to Appeal the Outcome of a California Personal Injury Claim
The first step in appealing the outcome of your case is to identify the legal issue that will serve as the grounds for your appeal. Remember that you cannot appeal your case simply because you lost.
Once you have identified a valid reason for appeal, you must file a Notice of Appeal with the trial court. Keep in mind that this must be done within 30 days of the trial court’s ruling. Failure to file the Notice of Appeal in time may cause you to lose your ability to appeal your case at all.
Next, you should obtain copies of the trial court record, including the transcripts and all documentation. Draft and file your appellate brief with the appeals court. This is the document that will be used to make your legal argument, and the appeals court will use this document to determine whether or not to hear your case.
The opposing party must then file a response to your appeal. If the court decides to hear your case, it may schedule oral arguments. Finally, the appeals court will make a decision and notify you of the outcome of your appeal.
Contact the San Diego Personal Injury Lawyers at Mission Personal Injury Lawyers for Help Today
If you need to appeal the outcome of a personal injury claim, you should seek help from an experienced lawyer. The team at Mission Personal Injury Lawyers has over 43 years of combined experience in personal injury law, and we can help you with every aspect of your appeal.
