Personal injury claims can provide financial relief to injured parties who have suffered harm due to someone else's negligence. However, not every case results in a favorable outcome. If your personal injury claim in Ohio was denied or resulted in an inadequate settlement, you may have the option to file an appeal. The appeals process can be complicated, but understanding the legal grounds, procedural requirements, and key strategies is going to improve your chances of a successful outcome.

This article explores the steps to appeal a personal injury claim in Ohio, the legal justifications for appeals, and what claimants should expect throughout the process.

Understanding Personal Injury Claim Denials in Ohio

Before proceeding with an appeal, it is important to identify why a personal injury claim was denied or undervalued. Common reasons include:

• Insufficient Evidence – The insurance company or court may have determined that there was not enough evidence to prove liability or damages.
• Liability Disputes – The defendant may argue that they were not responsible for the accident or that the plaintiff was partially or fully at fault.
• Statute of Limitations Issues – In Ohio, the statute of limitations for personal injury claims is two years from the date of the injury (Ohio Revised Code §2305.10). If a claim is filed too late, it may be dismissed.
• Insurance Policy Limits – If the at-fault party's insurance coverage is exhausted, obtaining additional compensation can be challenging.
• Failure to Follow Proper Procedures – Errors in paperwork, missing deadlines, or lack of compliance with legal requirements may lead to denial.

Identifying the specific reason for the claim's denial is the first step in determining whether an appeal is a viable option.

Legal Grounds for Appealing a Personal Injury Claim in Ohio

Not every unfavorable outcome can be appealed. The appeal must be based on specific legal grounds, including:

1. Errors in Law or Legal Procedure

If a judge misinterpreted or misapplied Ohio personal injury laws, this could form the basis for an appeal. This includes errors related to negligence laws, evidentiary rulings, or incorrect jury instructions.

2. Improper Dismissal of Evidence

If key evidence was improperly excluded from the trial or was unfairly discredited, an appeal may be warranted.

3. Judicial Misconduct

Instances where a judge showed bias, failed to apply the law correctly, or engaged in improper conduct could justify an appeal.

4. Procedural Errors

Mistakes in court filings, jury selection, or procedural violations can impact the outcome of a case. Appeals may focus on these errors to seek a fair review.

5. Insufficient or Unjust Compensation

If a settlement or jury award does not adequately cover medical expenses, lost wages, and pain and suffering due to errors in calculation or legal misinterpretation, an appeal might be considered.

Steps to Appeal a Personal Injury Claim in Ohio

Appealing a personal injury claim in Ohio involves several critical steps. It is essential to follow these procedures carefully to avoid further legal complications.

Step 1: Review the Trial Record and Obtain Legal Representation

Since appeals rely on existing trial records, it is essential to review all court documents, transcripts, and evidence. Working with an experienced appellate attorney ensures that the strongest legal arguments are presented.

Step 2: File a Notice of Appeal

In Ohio, an appeal must be filed with the appropriate appellate court within 30 days of the trial court's final decision (Ohio Rules of Appellate Procedure). This step officially notifies the court and opposing parties of the intent to challenge the ruling.

Step 3: Prepare the Appellate Brief

An appellate brief is a formal legal document outlining the errors in the trial and presenting legal arguments for why the decision should be overturned. This brief should include:

• A summary of the case
• Legal arguments supported by case law and statutes
• A request for a specific outcome (e.g., a new trial or revised judgment)

Step 4: Oral Arguments Before the Appellate Court

In some cases, the appellate court might schedule an oral argument where both sides present their case before a panel of judges. Unlike trial court proceedings, no new evidence is introduced—the judges rely solely on legal arguments and trial records.

Step 5: Await the Decision

After reviewing the case, the appellate court may:

• Affirm the lower court's decision, meaning the ruling stands.
• Reverse the decision, potentially leading to a new trial or different outcome.
• Modify the judgment to adjust the awarded damages or legal findings.
• Remand the case back to the trial court for further proceedings.

The entire appeal process can take several months to over a year, depending on the complexity of the case and court schedules.

Alternative Legal Options If an Appeal Fails

If an appeal does not result in a favorable outcome, claimants still have options:

• Motion for Reconsideration – A request for the appellate court to review the decision again.
• Ohio Supreme Court Appeal – If significant legal questions are involved, the case may be presented to the Ohio Supreme Court, though this court only hears select cases.
• Post-Trial Settlements – Negotiations with the defendant's insurance provider may still be possible to reach an out-of-court resolution.
• Federal Court Appeal – If the case involves constitutional violations or federal law, it may be appealed to a federal appellate court.

Key Considerations for Personal Injury Appeals in Ohio

• Time Limits Are Strict – Missing deadlines can permanently bar a case from further review.
• Appeals Are Based on Legal Errors – New evidence is not considered during the appellate process.
• Legal Representation Is Essential – Appeals require extensive legal knowledge and a thorough understanding of Ohio law.
• Costs Can Be Substantial – Appellate litigation can be expensive, so claimants should weigh the costs against the potential benefits.

Conclusion

Appealing a personal injury claim in Ohio is a complicated legal process that requires a strong understanding of appellate law and procedural rules. Whether a claim is denied due to insufficient evidence, legal errors, or procedural mistakes, pursuing an appeal may provide another chance at securing fair compensation. Understanding the legal grounds for an appeal, following the necessary steps, and seeking skilled legal representation can significantly impact the outcome.

Need Legal Help? Call Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Ohio personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.