The personal injury claims process is anything but efficient. If you choose to take your case to court and win, you may believe that everything is complete, you finally have justice and life can go back to normal.
That sounds great, right? Sure, it does, but if you have just won your personal injury claim, odds are you will be facing some type of appeal by the other side. How likely is it that the defendant’s insurance company is going to follow up with an appeal of the judgment?
We have asked attorney, Alaina Sullivan, about what you should do. Here is what she had to say:
Money Is the Bottom Line
Think about it. No insurance company is going to say “oh well. We lost and have to pay a lot of money. Better luck next time!” Odds are they are going to try to recoup some if not all of their losses, if at all possible. It is for this reason that almost all cases go to at least one appeal if there is any chance of recovery.
Grounds for Appeal
The insurance company will look for holes in the case or ways they could potentially succeed at an appeal. The first way this can be done is through a mistake in the facts. Could it be possible that not all evidence was collected properly, following the law? All evidence that is submitted to the court not only must be gathered properly but it also must be submitted correctly as well.
If all rules of evidence were followed and proper discovery procedures were used to get the documents, medical records, or other evidence you should not have a problem, but the insurance company will look for any areas where an appeal could be successful.
Another area for appeal could be in the instructions given to the jury. Jury members know nothing about the law when sent out to deliberate the case, and they receive detailed instructions from the judge on how to make the proper decision under the law.
If any fault can be found in the instructions given, this could be grounds for an appeal, as well.
If the judge or jury hands down too big of a verdict, it is extremely likely that the insurance company will appeal. Often when jurors are involved and the injuries are severe, emotions can play a role into the verdict given. That could be grounds for an appeal.
It may not mean that your verdict will be thrown out completely but it could mean that your verdict could be reduced in accordance with legal standards.
Contact an Attorney Today
If you have been involved in a car accident and believe that now your case may be appealed by the defendant’s insurance company, you should contact an attorney today to discuss your case if you do not currently have a lawyer or have any questions.
A licensed personal injury attorney will be able to evaluate your case and determine if you have a claim against the other party’s insurance company. To receive the compensation for your medical bills, property damages, and pain and suffering, you should speak with a personal injury attorney in your area today.
