What does appeal mean when you complete a personal injury trial in Florida? An appeal is the next step for a party that disagrees with the outcome of a civil or criminal trial. The appeals process allows a party to challenge an unfavorable court ruling to possibly change the outcome of their case.
Learn more about appealing a personal injury judgment in this article by our Tampa appeals attorneys.
What Generally Happens in an Appeal for a Tampa Personal Injury Case?
An appeal is a disagreement about a judge or jury’s decision in a personal injury trial. Generally, the judge or jury members are the finders of fact. They hear the evidence, consider the applicable law, and return a verdict for the plaintiff (injured party) or the defendant (party being sued).
Either party can appeal the judgment in a personal injury case. However, they do not receive a new trial. Instead, appellate courts review the appellate briefs and the interpretation of the trial court’s decision.
The four typical outcomes of the appellate court are:
- Affirm – The appellate court affirms the trial court’s decision, and the verdict stands.
- Reverse – The appellate court reverses the trial court’s decision. The appellate court may or may not order a new trial.
- Modify – The appellate court modifies a portion of the trial court’s decision.
- Remand – The appellate court returns the case to the trial court for a new trial. Generally, the appellate court makes a ruling and orders the trial court to retry the case under the new standard of law.
A personal injury case could go through several levels of appeal. The first one is to appeal the trial court’s decision to the appeals court. If you disagree with the appeal court decision, you can usually appeal to the Florida Supreme Court. However, the Florida Supreme Court has discretion to choose which cases it hears.
How Does the Appeal Process Work in a Florida Personal Injury Case?
The Florida Rules of Appellate Procedure govern the appeal process. You must comply with the rules and meet all deadlines, or your appeal can be dismissed. The general steps in appealing a personal injury judgment in Hillsborough County include:
Notice of Appeal
The appellant (the party filing the appeal) must prepare and file a Notice of Appeal with the court. Tampa personal injury appeals are generally filed with the Hillsborough County Appeals Department. The Notice of Appeal must be filed within 30 days of the judgment date. The notice begins the appeals process and sets the timeline for the following steps.
The appellant must serve copies of the Notice of Appeal on all parties involved in the case (appellees).
Preparation of the Record on Appeal
The trial court prepares the record on appeal. Generally, the record includes transcripts from hearings and the trial, evidence submitted in the case, and other documents.
Appellate Briefs
The appellant’s attorney prepares a brief explaining the legal basis for the appeal.
Not liking the verdict is insufficient for an appeal; you must have a legal basis to appeal a court decision, such as:
- Errors of law, including a judge giving jurors the incorrect law to apply to the case, incorrect rulings on laws, etc.
- Judicial misconduct, such as corruption or unethical conduct, that affected the proceedings
- Insufficient evidence was presented at trial to justify the trial court’s decision
- Juror misconduct, which can include accepting bribes, discussing the case outside the jury room, threats, etc.
- Procedural errors that could impact the outcome of the case
The appellant serves their brief on the appellee. The appellee usually has a deadline for filing a response brief.
Oral Arguments
The appellate court decides whether to allow oral arguments. If so, the attorneys for the parties are given a specific amount of time to clarify their position and argue their case. Many appeals are decided based on the written briefs without oral arguments.
Appellate Decision
The appellate court issues a written decision to affirm, modify, reverse, or remand the case. In addition to these common outcomes, the appellate court could dismiss the appeal.
A dismissal occurs when the judges determine there are procedural problems that prevent a property review, or the issues raised do not merit a review. In rare cases, an appellate court may render a new decision and substitute its ruling for the trial court’s.
Should I Appeal My Personal Injury Judgment?
Juries do not always make the correct decisions. Judges also make mistakes. In some instances, intentional wrongdoing could impact the outcome of a personal injury trial.
Discuss the outcome of your case with your personal injury lawyer. Your attorney will help you evaluate the pros and cons of filing a personal injury appeal. Then you can make an informed decision about what is best for you, given the circumstances.
Contact Our Tampa Personal Injury Lawyers About Appeals
Navigating the appeals process after a personal injury judgment requires significant experience, skills, and knowledge. Our experienced Tampa appellate attorneys at Winters & Yonker Personal Injury Lawyers understand the appeals process to ensure effective arguments and timely filings. Contact our office today at (813) 223-6200 for a free case review with a Tampa personal injury attorney.