Can You Appeal A Personal Injury Claim?

Posted By Brandon J. Broderick, Attorney at Law

6 Jun. 2017

If the judgement or verdict of your personal injury case is not exactly what you anticipated. Fortunately you do have the option of appealing the decision. However, if you (the plaintiff) lose your case, it is important to understand that you are not automatically eligible for an appeal, which is why you should discuss the possibility with your attorney.

What is the Appeal Process?

The appellate (appeal) process starts when your lawyer files a notice of appeal. When you appeal, you become “the appellant” and the defendant is considered “the appellee.” You need to expect that your notice of appeal will be quickly followed by a Motion to Dismiss the Appeal from the defendant’s lawyer.

If your appeal is dismissed, you may have to pay for the appellee’s court costs and legal fees. On the other hand, to overcome a Motion to Dismiss Appeal, there needs to be enough evidence of a poor ruling made by a judge or jury.

The following are the three decisions an appellate court can make:

  • Reverse the lower court’s decision (you win the appeal)
  • Affirm the lower court’s decision (you lose the appeal)
  • Send the case back for further proceedings

You must be prepared for the long run since this process is often time-consuming and tedious. It may take around two or three years to receive a ruling in appellate court.

If you are interested in seeking an appeal in New Jersey, schedule a free consultation with our Bergen County personal injury attorney at Brandon J. Broderick, Attorney at Law today.

Categories: Personal Injury
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