If you think a personal injury verdict was reached in error, you may be able to appeal the decision. An appeal asks a higher court to review what happened during the original trial to determine whether a legal or procedural mistake affected the outcome of the case.
A Louisville personal injury attorney can review your personal injury verdict and explain whether filing an appeal may be an option under Kentucky law.
How does the appeal process work?
If your personal injury lawsuit was decided in court and the result wasn’t in your favor, the appeal process allows you to challenge that decision. An appeal doesn’t involve a new personal injury trial or new evidence. Instead, it focuses on what happened in the original trial.
The appeal process begins by filing an appeal within a strict deadline after the final judgment. Written arguments are then submitted explaining the alleged errors and how they may have affected the outcome of the case. In some cases, the appellate court may also hear oral argument.
The appellate court reviews the record from the trial court and issues a decision based on the law and the procedures that were followed.
What are valid grounds for appealing a personal injury verdict?
You can’t appeal a personal injury verdict just because you disagree with the result—you have to identify a legal or procedural error that may have affected the verdict. Common grounds for appealing:
- Incorrect or misleading jury instructions
- Errors in how the law was applied
- Improper admission or exclusion of evidence
- Procedural mistakes during the trial
- Judicial rulings that fall outside accepted legal standards
A personal injury lawyer can help determine if these or other issues may support filing an appeal.
What does the appellate court review?
The appellate court doesn’t reweigh evidence or decide who was more believable. Instead, it reviews the trial court record to figure out whether legal errors occurred during the original trial before a judge or jury. This review focuses on written transcripts and rulings from the personal injury case. The appellate court evaluates whether those issues could have affected the outcome of the case.
What outcomes are possible after a personal injury appeal?
After reviewing an appeal, the appellate court may issue different types of decisions. It may uphold the original verdict, meaning nothing changes. For example, if the appellate court finds that the trial was handled properly and the jury instructions were correct, the original decision stands.
In other cases, the court may reverse the verdict or send the case back to the trial court. For instance, if the judge gave incorrect jury instructions or excluded important evidence, the appellate court may send the case back so those issues can be addressed in further proceedings.
How long do you have to file an appeal in Kentucky?
Appeal deadlines are short. In many Kentucky personal injury cases, filing an appeal must happen within about 30 days of the final judgment. Missing this deadline can end the right to appeal, which is why it is important to act quickly.
Guidance on appealing a personal injury verdict
Strict procedural rules govern appeals of personal injury verdicts. Grossman Green PLLC represents injured people throughout Kentucky and handles personal injury cases from trial through appeal when appropriate. If you have questions about what happens next, call (502) 657-7100 or reach out online to schedule a free consultation and speak with a legal team that will take the time to listen and explain your options.