Appeal

Navigating the aftermath of a personal injury case can sometimes involve the need to file an appeal. Below are some common grounds under which an appeal may be justified.

Legal Errors During the Trial

Legal errors during the trial can serve as valid grounds for an appeal if they significantly impacted the outcome of the case. Errors of this nature may include incorrect jury instructions, improper admission or exclusion of evidence, or misinterpretations of the law by the judge.

For instance, if the jury was given misleading information about the legal standards applicable to the case, it could result in a flawed verdict. Similarly, if critical evidence was wrongfully excluded or inadmissible evidence was accepted, these actions could undermine the fairness of the trial.



Identifying and substantiating these legal errors are essential steps in establishing a strong basis for an appeal, necessitating the expertise of a skilled appellate attorney.

Jury Misconduct or Bias

Jury misconduct or bias is another significant ground for appealing a personal injury case. Misconduct might include actions such as jurors discussing the case outside of the courtroom, considering evidence that was not presented during the trial, or engaging in any form of behavior that violates the courtroom’s procedural rules.

Bias, on the other hand, refers to any preconceived notions or preferences that prevent jurors from evaluating the case impartially. This can manifest in various forms, from racial or socioeconomic bias to personal relationships with parties involved in the case.



Demonstrating jury misconduct or bias typically involves thorough investigations and can benefit from the experience of legal professionals well-versed in appellate law.

Discovery of New Evidence

Suppose you’ve been through a personal injury trial and are considering an appeal due to the discovery of new evidence. In that case, it’s important to understand that appeals based on this reason can be challenging. Appellate courts generally do not reassess new evidence; instead, they review the lower court proceedings for legal errors.

However, if substantial new evidence has emerged since the conclusion of your trial that could not have been discovered with reasonable diligence beforehand, it may provide grounds for a special type of appeal or other post-trial motion, such as a request for a retrial.



Appellate courts will rigorously scrutinize such claims to ensure that the evidence has the capacity to change the trial’s result.

If you’re considering appealing your personal injury case decision, the importance of having an experienced lawyer by your side cannot be overstated. Partnering with a legal professional offers significant advantages, including:

Expert Knowledge of Appeal Procedures

Appeals require intimate knowledge of complex court procedures and strict adherence to specific protocols that are often markedly different from those at the trial level. Trying to handle these on your own is never a good idea, as someone who isn’t trained in this area of the law is likely to make a mistake and jeopardize the appeal.

Access to Research and Resources

Your lawyer has access to an extensive database of legal research and resources. These can be critical in identifying precedents and drafting strong legal arguments needed for an appeal.

An Objective Analysis

After a trial, it’s natural to feel emotionally attached to the outcome of your case. However, a lawyer can offer an objective perspective on the merits and potential drawbacks of your appeal. This can help you make informed decisions based on true potential rather than emotion.