You can appeal a personal injury verdict in California if a legal error during the trial affected the outcome of your case. Appeals focus on mistakes made by the judge or jury, not disagreements with the verdict or attempts to introduce new evidence. Both plaintiffs and defendants have the right to file an appeal, but the grounds are limited and based on how the law was applied.
If your San Luis Obispo personal injury lawyer believes a legal error occurred during the trial, they can draft an argument explaining the mistake and ask a higher court to review the verdict. The California appellate court reviews the written arguments and may affirm the decision, modify it, order further proceedings, or dismiss the appeal.
Appealing a personal injury case in California
You can’t appeal a personal injury verdict simply because you disagree with the outcome or want to present new evidence. Instead, an appeal must be based on a legal or procedural error made during the trial that affected the outcome of the case.
If a qualifying error occurred during the trial, you may have grounds for an appeal. Some common examples include:
- Improper admission or exclusion of evidence
- Incorrect jury instructions were given by the judge
- Improper rulings on whether expert witnesses could testify
- Expert testimony that exceeded the witness’s qualifications or permitted scope
- A judge misinterpreting or misapplying the law
As the appellant, you must rely on the trial record to show that a reversible legal error occurred and that it affected the outcome of the case.
Steps for filing an appeal in California
The deadline to file an appeal in California is short, often as little as 60 days from the notice of entry of judgment, so it’s important to act quickly.
Once your attorney determines you have valid grounds, they file a notice of appeal and serve it on the opposing party. The other side then has the opportunity to respond as part of the appeal process.
The appellate court receives the trial record, including transcripts and documents relevant to the issues raised on appeal.
Your lawyer prepares a written brief explaining the legal errors and how those errors affected the outcome of the case. The appellate court reviews the briefs and may also schedule oral argument, where each side can clarify its position.
The appeals court may make one of five decisions:
- Affirm the trial court’s judgment
- Overturn the trial court’s decision and take specific actions
- Remand the case to the lower court, sending it back for further action, including a new hearing or trial
- Modify the trial court’s order or judgment
- Dismiss the appeal, often due to procedural issues or lack of jurisdiction
Advice for addressing legal errors that impacted your personal injury claim
If you lost a personal injury case and believe a legal error affected the verdict, a free consultation can help you understand whether an appeal is an option. Ernst Law Group can review the trial record, explain the appeal process, and discuss possible next steps. Call us at (805) 541-0300 or contact us online to schedule a free consultation.