Because the majority of personal injury cases are settled out of court, appealing a case is usually not an issue. However, in those minority of cases that are decided by a jury or judge, the plaintiff and the defendant both have the right to appeal the verdict. Burlington County personal injury appeals may be a tough sell depending on the situation and the assistance of a qualified attorney. If you feel your case is strong enough for a successful appeal, a professional personal injury attorney could examine the details of your request and help handle your appeal in the appellate court.
Petitioning the Appellate Court
A personal injury appeal is not a new trial, even though it is heard by an appellate court. The appellate court may decide, however, that a new trial is warranted after reviewing the case. No new testimony is heard during an appellate review. The appellate court will make one of three decisions when considering the appeal. It will either affirm the lower court’s decision, reverse the lower court’s decision, or send the case back for consideration.
Appeal Time Limits
Both parties in a personal injury case have only 45 days after the verdict to appeal according to New Jersey statute 2:14-1. In certain circumstances, the appellate court may extend the time limit by up to 30 additional days, but only if the notice of appeal was served and filed within the time as extended. Know that the actual appeals process may take a considerable length of time.
The Appeals Process
The plaintiff starts the appeals process by filing a notice of appeal. At this time, the original plaintiff now becomes the appellant, while the defendant becomes the appellee. As a result, the defendant’s legal team will most likely file a motion to dismiss the appeal. Should the appellate court accept the motion to dismiss, the plaintiff filing the appeal will likely have to pay the other side’s legal fees and court costs. It is crucial to know this risk before filing an appeal. Know that there are many other risks from handling a Burlington County personal injury case without a lawyer, making legal counsel a significant asset to acquire ahead of time.
However, it is also important to know that insurance companies may also use an appeal as a threat to have a plaintiff settle for less money than they would like. Furthermore, should the plaintiff receive a substantial jury award, the insurance company may fight it. For these reasons, a plaintiff should only consider appealing a verdict if the evidence is clearly on their side.
How a Burlington County Personal Injury Lawyer Can Help
The Burlington County personal injury appeals process can be both complex and time-consuming. It is not unusual to wait two years or more before the appellate court makes a ruling. During this time, a skilled personal injury lawyer could keep the injured individual aware of the situation while fighting aggressively for their compensation if they believe an appeal is warranted.
If your personal injury award is being appealed, or if you wish to appeal the damage award you were ordered to pay, reach out to an attorney with experience in Burlington County personal injury appeals. Contact a skilled personal injury lawyer today to find out more.