If the outcome of your personal injury case isn't what you hoped for, fortunately, there is an option to challenge the ruling called an appeal. It's important to understand that not every judgment is eligible to appeal. If you are able to file an appeal, it doesn't mean that the decision will be overturned either. You must provide evidence that proves why the ruling is unjust.

More on this in the following article. But, if you have lost a personal injury claim in New Jersey and believe you may be able to appeal the decision, you should seek legal help. A qualified NJ personal injury lawyer can determine whether you have the right to appeal the decision and your chances at winning the appeal.

Contact Brandon J. Broderick, Attorney at Law for help and a free consultation.

The Appeal Process

The notice of appeal that your attorney files initiates the appellate (appeal) process. When you file an appeal, the defendant's lawyer will most likely file a Motion to Dismiss the Appeal in response very quickly.

While you will need to provide sufficient proof for your appeal to be successful, you will be responsible for the defendant's legal fees and court costs if your appeal is denied.

Considering how time-consuming this can be, you should be ready for the long process, as appeals can take one or two years to decide.

Commons Reasons Why An Appeal Is Filed

After you file a notice of appeal, you will have to provide a reason why you are appealing the decision. Common reasons why include:

  • The testimony of an expert witness was denied by the court
  • The decision was unlawful
  • Evidence does not support the decision
  • Evidence was denied that should have been allowed
  • Jury misconduct

Possible Outcomes When Appealing A Personal Injury Claim

Appeals may be very costly and time-consuming. Your personal injury lawyer can give you a better idea if filing an appeal is a good option in your specific case. However, just remember that an appeal is not a chance to start over with your case. Rather, the appellate court will review the trial record in an effort to reach one of the following outcomes:

  • Overturn the ruling of the lower court (you win your appeal)
  • Dismiss your appeal (you lose your appeal)
  • Agree with decision of lower court (you lose your appeal)
  • Send case back to lower court for further proceedings

Hiring the correct lawyer could make all the difference in the result of your case if you want to file an appeal after a verdict in your New Jersey injury case.

Consult With The Team At Brandon J. Broderick, Attorney at Law

Our law firm has represented clients in NJ personal injury cases for decades. You can trust that our experience and dedication to our clients will help you get the best outcome for your case.

We take on personal injury cases on a contingency fee basis, which means that we do not collect a fee unless you win your case.

Contact us today to schedule a free, no obligation consultation.


Posted by: Brandon J. Bro…
Date: Fri, 04/05/2024 - 20:56

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