Appealing a Personal Injury Claim
After a personal injury claim has been tried in court, you have the right to seek an appeal. Most personal injury claims settle out of court. This means the parties decide not to proceed with litigation and agree to an undisclosed settlement amount. If you chose to proceed with a bench trial or jury trial and the court found for the defendant, you have a small window of time to appeal the judgment. If you need assistance understanding the appellate process or you are ready to file an appeal today, call our attorneys at Rocky Mountain Personal Injury Center.
The Appellate Process
After the trial court or jury makes a final decision regarding your claim, you have the right to appeal. There has to be a final decision on your claim in order for you to appeal to an appellate court. Interlocutory appeals, or interim appeals, means that one ruling on your case is appealed while other issues are still being heard at the trial level. Interlocutory appeals usually occur in criminal cases where there is a decision regarding criminal procedure. In order to appeal your claim, you have to prepare an appellate brief to be filed with the Wyoming Supreme Court. There are procedural rules to adhere to regarding timeliness and format of the appeal. Failure to file within the window forfeits your right to appeal. You also must serve notice of the appeal on the defendant, referred to as the appellee at the appellate level.
Usually, the plaintiff cannot appeal an order for summary judgment, procedural orders or orders regarding voir dire or jury trials. Appeals are usually appropriate if a final order has been issued on the substantive claims of the case, and there is allegedly a mistake of fact or mistake of law on the part of the jury or the judge presiding over the case. A mistake of fact is a clerical or simple error regarding the entry of facts onto the record. For example, if the judge misunderstood a material fact of the case, like the defendant’s relationship with the plaintiff or why the product was defective, that is a mistake of fact. A mistake of law means that the judge or jury applied a principle of law incorrectly. For example, providing incorrect jury instructions regarding the language of a statute or misapplying the factors in a products liability claim to the case at hand.
When the appellant files the claim, they have to be clear about what issues they are appealing and why they believe the trial court decided incorrectly. Civil appeals also must contain an appendix of pleadings asserting a claim for relief, and a copy of the judgment or final order, usually including an oral or written transcript of the proceedings. There are procedural niceties that may seem tedious but are absolutely necessary when filing an appeal. Depending on the jurisdiction, procedural rules may vary. That is why it is strongly recommended that you seek the advice and guidance of counsel if you are seeking an appeal of a final judgment.
Contact Our Office for a Consultation
Our attorneys at Rocky Mountain Personal Injury Center practice exclusively in plaintiff’s personal injury law. We represent clients for various issues including car accidents, medical malpractice and workplace accidents. If you are unhappy with the results of your initial case and are seeking a second opinion regarding your potential to appeal, or if you are looking to file a new claim for a separate issue, contact our office to schedule a consultation.
