Boston Injury Attorney Blog
Bellotti Law Group, P.C.: Assisting with Boston Personal Injury Appeals
In instances where an individual suffers an injury due to the negligence of another, they can file a personal injury lawsuit to seek compensation for their damages. If the case progresses to trial and the injured party is dissatisfied with the outcome, they possess the right to file an appeal.
The typical grounds for an appeal in a personal injury case include a verdict contrary to law or evidence, improper jury instructions, or inadequacy or excessiveness of the damages awarded. In certain situations, an appellate court may examine if the trial court committed errors in admitting or excluding evidence.
The process of an appeal is intricate, so it is crucial to seek advice from an accomplished personal injury attorney to assess whether this is the appropriate recourse for your case.
The Appeal Process
The appeal process commences by filing a notice of appeal with the court within 30 days of the judgment entry. Following the appeal notice filing, the appellate court reviews the case and decides whether to hear it. If the appellate court opts to hear the case, it will render a decision that could affirm, reverse, or modify the original judgment.
Success Rate of Appeals
The success rate of personal injury appeals can differ significantly. In some instances, an appeal may be successful, enabling the injured party to recover damages. However, other cases may witness unsuccessful appeals, preventing the injured party from any recovery.
Various reasons contribute to a successful appeal, the most common being the introduction of new evidence that was unavailable during the original trial. This could include new witnesses, DNA evidence, or video footage. Other factors for a successful appeal could involve errors made by the judge or jury in the original trial, or newly enacted laws that could influence the case.
Determinants of Appeal Success
Several factors can influence the success of a personal injury appeal.
- Original Case Strength: If the initial case was compelling, the chances of a successful appeal are higher. However, a weak original case diminishes the success likelihood on appeal.
- Appeal Jurisdiction: Certain jurisdictions are more amenable to personal injury appeals. Some jurisdictions may require a higher proof standard for personal injury cases, while others might have a lower threshold.
- Attorney Experience: An attorney seasoned in the appeals process, boasting a successful track record, is likely to achieve better outcomes than a less experienced counterpart.
If you are contemplating an appeal after an accident injury, it’s vital to consult an experienced personal injury attorney. They can assist you in assessing your appeal’s chances of success and guide you through the appeal process.
Contact An Attorney
Predicting the success rate of personal injury appeals is challenging due to various influencing factors. Remember, appeals don’t guarantee success, and winning is not a certainty. Therefore, consulting an experienced attorney to evaluate your options and enhance your success chances is crucial.
If you’ve suffered an injury in an accident, such as a car accident or slip and fall, you could be eligible for compensation. Bellotti Law Group, P.C., boasts a team of expert personal injury lawyers in Massachusetts with a demonstrated success history in personal injury cases, ready to help you secure the compensation you’re entitled to. We understand that dealing with an accident’s aftermath can be overwhelming and confusing. We’re here to support you, helping you navigate the legal complexities and strive for the best outcome in your case. Contact us today for more information.