If your personal injury compensation claim results in a failure, filing an appeal is usually the next course of action. An appeal on a personal injury case is a formal request for a higher court to reverse the previous decision. This post will discuss what you need to consider when preparing for your appeal. We’ll also look at how getting the best lawyers for personal injury can get you the best result for your claim.
Common reasons for the personal injury compensation case failure
The first question you might have after losing your personal injury compensation case is, what went wrong? Why didn’t the decision go our way? There are many common reasons why claims fail, including:
- not being represented by a personal injury attorney;
- lack of documentation;
- posts on social media undermining your credibility;
- contributory negligence where both parties share some of the fault for the accident;
- minimizing injuries;
- lack of preparation.
What is an appeal for a personal injury case Judgment?
An appeal is not a new trial for your case but an opportunity to fix legal errors made in the trial. Reasons an appeal may be granted include:
- evidence that should have been allowed;
- not allowing an expert witness to testify;
- biased jury member or incorrect instructions were given to the jury;
- unreasonable verdict;
- the judge made an error of law.
It is also important to understand that an appeal could mean you lose any personal injury compensation payments or settlements made in the initial trial.
When you file an appeal, it goes through either the State Court of Appeals or the Federal Court of Appeals. If your appeal is granted, a decision could remove the jury’s verdict in your trial and send the case for a new trial. Another option is that the court could change your case’s personal injury compensation payments based on the new evidence.
How to prepare for your appeal
A personal injury claim appeal is a complicated process, and you need the best lawyers for personal injury to represent you. Your lawyer will help you prepare a statement explaining your new argument and why the appeal is necessary.
Your legal team can also research past cases and past court decisions with similar situations to support your case. If you have new evidence, you can include it if it meets certain conditions. The evidence must be new, relevant, reliable, or if it could have affected the outcome of your case at trial.
You should gather all your documents and evidence. Ensure your medical records and symptoms are well documented, along with any witness statements or reports relevant to your case. You also need to ensure you have the proper forms and documents for your appeal.
How a lawyer for personal injury can help
A lawyer for personal injury can help you gather evidence and prepare your case for your appeal. They can also discuss strategies to get the most personal injury compensation possible.
Your lawyer can also ensure you meet the required deadlines for appeal and file the proper paperwork. Filing an appeal for your personal injury benefits claim is not an easy task. Be sure you have the best lawyers for personal injury working on your side.
If you have questions or concerns about a personal injury compensation claim appeal and want to speak with a personal injury lawyer, contact LegalASAP today. We can connect you with our network of experienced and trustworthy personal injury claims lawyers who can talk through your case. Take our free evaluation to see if you qualify and get the help you need.