Personal injury cases in Rock Hill, SC, will sometimes go all the way to a trial and verdict. At a trial, jurors will review the evidence and decide whether a defendant was liable for the plaintiff’s injuries. A jury will also be asked to decide on the amount of damages in a personal injury case. Even after a jury verdict, the case might not be over. Either party can appeal the verdict after a personal injury trial.
You can appeal the verdict in your case if grounds exist to appeal. At that point, your case would move to an appellate court covering your jurisdiction. Simply appealing the verdict doesn’t mean the outcome will change, however. Only in certain circumstances will the appeals court overturn a verdict. An experienced personal injury lawyer can help you understand your appeal rights and how to appeal your case.
Reasons to Appeal a Personal Injury Verdict
The party that does not prevail in a personal injury trial might have grounds to appeal depending on certain factors. Reasons for appeal can include:
- Juror misconduct: Jurors in a trial are required to follow certain instructions. If jurors improperly discuss the case with others, fail to disclose conflicts they have with the case, or rely on information other than evidence admitted at trial, those could be examples of juror misconduct.
- Clear legal error by the judge: A judge may commit an error if they improperly apply the law, make incorrect rulings on the admissibility of evidence, or give faulty jury instructions. Such errors can affect the fairness of the trial and may warrant an appeal.
- Improper exclusion of evidence: A judge’s refusal to allow evidence that should have been admitted under the law.
If you think you might have a right to appeal, an experienced Rock Hill personal injury attorney can review the legal issues involved and the facts of your case. The transcript from your trial and exhibits used (or not allowed) can also make key impacts on whether you have a good case for appeal. However, simply disagreeing with a verdict or thinking the jury got it wrong does not necessarily mean you can appeal the case.
Can I Appeal My Case if It Was Settled?
Most personal injury cases will be settled without going to trial. Settlements can take place at any point–from the time your claim starts all the way to a trial. In many cases, the defendant’s insurance provider will offer to settle the case to avoid the time and expense of going to trial. Depending on your injuries, your claim could be worth a certain value that is agreed to between your lawyer and the insurance company. Other times, your case might settle during negotiations between lawyers for both sides.
Once your case is settled, you’ll be asked to sign paperwork confirming the details of the agreement. However, almost all settlement agreements will require that you can’t file a new claim or lawsuit based on the incident that caused your injuries. In exchange for paying you, the at-fault party gets to know they can no longer be sued for the accident they caused.
The goal of a settlement is to end all ongoing disagreements between both sides and to make you financially whole again for your losses. You can’t appeal your settlement to a higher court, and you give up your right to appeal the case as a whole.
What Are the Steps in Appealing a Personal Injury Case?
In South Carolina, you must follow certain steps to appeal a verdict. Strict deadlines will apply, and South Carolina appeals courts have rules about how an appeal is filed. It is not recommended to file an appeal without skilled legal help. Below, we’ll go over the steps involved.
- Consult a Rock Hill personal injury and appeals lawyer: An experienced appeals lawyer will be able to review your case and identify issues that can be grounds for appeal. An appellate lawyer can obtain the transcript from your trial, review evidence that was admitted in your trial, and look for errors made by the judge or trial lawyers.
- Locate the court you need to appeal to: Your appeal will be heard in a court different from the one where your trial was held. Appealing to the correct court and following their rules is critical to having your appeal heard. Any missteps, mistakes, or missed deadlines can stop your appeal before it even starts.
- Identify the evidence to be reviewed in your appeal: In an appeal, you are typically limited to the evidence used at trial. Evidentiary issues from your trial can be reviewed as part of your appeal.
- File a brief to support your argument: The appeals court will review briefs from both sides explaining why a verdict should–or should not–be overturned or given a new trial. This is where experience counts–well-trained appeals lawyers will be able to use the facts and law to prepare a convincing brief on your behalf.
- Expect a decision: The appellate court will review all filings in the case, but rulings can take weeks after briefs are submitted. If you’re dissatisfied with your personal injury trial outcome, you have the right to appeal. However, appeals must be filed within strict deadlines and follow specific procedures. It’s crucial to work with an experienced attorney in this area.
Appealing a personal injury case in South Carolina is a complex process that requires strict adherence to deadlines and court rules, highlighting why it is crucial to work with a skilled lawyer.
A Rock Hill, SC, Personal Injury Lawyer Can Help With Your Appeal
When your South Carolina personal injury case ends with a verdict, you have a right to appeal. An appeal must be made on specific grounds and must follow certain procedures. To learn more about your right to appeal, call an experienced Rock Hill personal injury lawyer with Elrod Pope Accident & Injury Attorneys today at (803) 902-4045. to schedule a free consultation.
