What Is an Appeal?

An appeal is a request for a higher court (the appellate court) to review the decision of a lower court (the trial court). In personal injury cases, the party who lost the case (the appellant) can ask the appellate court to examine the trial court’s legal rulings, with the hope of overturning the decision or receiving a new trial. Appeals focus on legal errors rather than re-trying the facts of the case, which means the appellate court will not hear new evidence or re-evaluate witness testimony.

It is important to note that an appeal is not a “do-over.” The appellate court will only determine whether the trial court made mistakes in applying the law that significantly impacted the outcome.

Grounds for an Appeal

Not every unfavorable outcome can be appealed. There must be legal grounds for filing an appeal, meaning there must have been significant legal errors during the trial that likely affected the verdict. Common grounds for appealing a personal injury case include:

1. Incorrect Application of the Law: The trial judge may have applied the wrong legal standard or misunderstood a key legal principle. For example, if the judge gave the jury incorrect instructions regarding the burden of proof, this could be grounds for appeal.

2. Improper Admission or Exclusion of Evidence: If the trial judge allowed evidence that should have been excluded or excluded evidence that should have been allowed, it could be considered a legal error. For example, if critical medical records were improperly excluded, it could justify an appeal.

3. Abuse of Discretion: In some cases, trial judges have a degree of discretion in their decisions, such as rulings on motions or procedural issues. If the judge abused this discretion (e.g., by making unreasonable or biased rulings), the appellate court may step in.

4. Jury Misconduct: If there is evidence that the jury behaved inappropriately—such as considering outside information or being influenced by bias—this could be grounds for appeal.

5. Lack of Sufficient Evidence: While appellate courts typically do not second-guess a jury’s findings of fact, an appeal may be warranted if the verdict was not supported by the evidence presented at trial.

Steps in the Appeals Process

The appeals process follows a set of structured procedures, and understanding these steps can help you prepare for what lies ahead.

1. Notice of Appeal:

The first step in the appeals process is to file a Notice of Appeal with the trial court. This document informs both the court and the opposing party that you intend to challenge the trial court’s decision. The notice must be filed within a specific timeframe—often within 30 days of the final judgment or order, although this timeline can vary by jurisdiction.

2. Record on Appeal:

The appellant must prepare the record on appeal, which includes all the documents, evidence, and transcripts from the original trial that are relevant to the appeal. This record is essential because the appellate court will rely on it to evaluate the legal errors claimed in the appeal. The record generally includes:

• The trial transcript
• Exhibits and evidence presented during the trial
• Motions, pleadings, and rulings from the trial court

3. Written Briefs:

The core of an appeal is the appellate briefs, where both parties present their legal arguments. The appellant (the party appealing) files an opening brief, which outlines the legal errors made during the trial and argues why the decision should be reversed or modified. The appellee (the party defending the trial court’s decision) then files a response brief, explaining why the trial court’s ruling was correct and should be upheld.

These briefs are critical because the appellate court will primarily rely on the written arguments to make its decision. The quality of legal writing and analysis in these briefs can significantly impact the outcome of the appeal.

4. Oral Arguments:

In some cases, the appellate court may schedule oral arguments, during which the attorneys for both sides present their case and answer questions from the appellate judges. Oral arguments provide an opportunity to clarify key points from the briefs and address any concerns the judges may have.

However, not all appeals include oral arguments. In some cases, the appellate court may decide the case solely based on the written briefs.

5. Appellate Court Decision:

After reviewing the record and the briefs and hearing oral arguments (if applicable), the appellate court will issue a written opinion. This decision can take several months, depending on the complexity of the case and the court’s docket.

The appellate court may:

• Affirm the trial court’s decision, meaning the original judgment stands.
• Reverse the trial court’s decision, meaning the appellate court found significant legal errors, and the judgment is overturned.
• Remand the case, meaning the appellate court sends the case back to the trial court for further proceedings, such as a new trial or a modification of the judgment.
• Modify the trial court’s decision, such as adjusting the amount of damages awarded.

What Happens After the Appeal?

If the appellate court affirms the trial court’s decision, the case is typically considered closed, although the appellant may have limited options for further review, such as petitioning the state’s highest court or the U.S. Supreme Court.

If the appellate court reverses or remands the case, it will return to the trial court for additional proceedings. Depending on the appellate court’s ruling, the trial court may be required to conduct a new trial, reconsider certain evidence, or amend its judgment.

Key Considerations Before Filing an Appeal

Appealing a personal injury case is a significant decision that requires careful consideration of several factors:

1. Time and Cost: Appeals can be time-consuming and expensive. The process can take months or even years, and legal fees for appellate representation can be high. It’s important to weigh the potential benefits of an appeal against the financial and emotional costs.

2. Chances of Success: Not all appeals are successful. Appellate courts give significant deference to the trial court’s findings, especially when it comes to factual issues. To succeed on appeal, you must demonstrate that serious legal errors were made that likely affected the outcome of the trial. Consulting with an experienced appellate attorney is crucial to evaluating the strength of your case.

3. Settlement Opportunities: In some cases, the parties may choose to settle the case after the trial court’s decision but before the appeal is resolved. Settlement negotiations can be re-opened at any point during the appellate process, and pursuing a settlement might be a more efficient and cost-effective solution than continuing the appeal.

How to Increase Your Chances of a Successful Appeal

While the success of an appeal largely depends on the facts of your case and the nature of the legal errors involved, there are several steps you can take to strengthen your appeal:

1. Hire an Experienced Appellate Attorney: Appellate law is a specialized area of practice, and not all trial attorneys are equipped to handle appeals. Hiring an attorney with specific experience in personal injury appeals can greatly increase your chances of success.

2. Review the Trial Record Carefully: The appellate court will only consider the issues raised in the trial record, so it’s essential to thoroughly review all trial documents, evidence, and transcripts to identify possible legal errors. Your appellate attorney will carefully analyze the trial court’s rulings and identify the strongest grounds for appeal.

3. Focus on Legal Errors: Appeals are not about re-litigating the facts of the case. Focus your appeal on legal errors that had a significant impact on the outcome. Minor or inconsequential errors are unlikely to result in a reversal.

4. Be Patient: The appellate process takes time, and it’s important to be patient throughout the proceedings. Rushing through the steps or expecting immediate results can lead to disappointment. Trust your attorney and the process, and stay focused on the ultimate goal.