Can I Appeal My Injury Case If I Lose?

If television dramas and the cinema get one thing right about personal injury lawsuits, it is that a verdict at trial can often be appealed. An appeal is a legal request made by a party that loses at trial to a higher court asking that court to review what happened at trial. An appeals court can either affirm or uphold the trial court’s judgment, it can vacate or remand the case (sending it back to the trial court for additional proceedings), or in some limited cases it can overrule the trial court’s judgment and impose its own.

Should I Appeal My Injury Case if I Lose?

But just because you can appeal a case does not mean you should. Before you decide to appeal a personal injury case you have lost at trial, consider the following:

• Time and money: Appealing a case requires additional money and the appeals process can take months – or even years – before it is complete. Even if you “win” your appeal, chances are your case will need to go back before the trial court for additional hearings.
• Questions of law: An appeal is not a new trial; instead, the appeals court reviews the transcripts of the trial and evidence admitted and decides whether the trial court made any legal errors. An appellate court will rarely make its own determination on which witness was credible or what evidence was persuasive. If you believe the trial court made an error in applying the law, an appeal may be warranted. If you believe the trial court or jury should have believed your witnesses or evidence, an appeal may be of little benefit.
• New legal counsel: Your trial attorney may choose not to practice before appellate courts (although some do). If he or she does not, you will need to find and hire an additional attorney who does.

What If My Insurance Company Wants to Appeal?

Insurance companies who lose at trial and have a judgment entered against them will often threaten the injury victim with an appeal as a means to getting the victim to agree to a settlement. The argument goes thusly: “We will win this case on appeal, so you should take our offer and be guaranteed that amount.” Before giving into this threat, discuss the following with your attorney:

• What issue is the insurance company likely to appeal?
• Do prior legal cases and legal precedent support you or the insurance company?
• If the insurance company prevails on appeal, what is likely to happen?

You Need Experienced Personal Injury Representation

At Ladah Law Firm, we are able to represent injury victims from the initial filing of their cases through the appeals process. Along the way, we help our clients make important decisions about their cases by using our knowledge and experience to deliver accurate and insightful legal advice. Even if you have lost your Nevada personal injury case, contact us for a free consultation and review your options with us. Call us today at (702) 252-0055.

Brought to you by:

Ladah Law Firm, PLLC

517 S. 3rd Street
Las Vegas, NV 89101

(702) 252-0055