When you have been involved in a legal matter, and the decision did not go your way, you have the right to file an appeal. An appeal is a request for another review of the outcome from a higher court. Generally, you and your St. Louis injury lawyer file an appeal when you believe the decision was incorrect, and you might get a different decision from the higher court.
Filing an appeal in Missouri can be confusing if you don’t have legal training. Below, we examine what it requires, what you need to know, and how to get experienced guidance for your appeal.
Reasons You Might File an Appeal for a Missouri Personal Injury Case
The majority of personal injury claims are settled without ever going into a courtroom. When they go to trial, a judge and jury decide whether your claim against the other party is valid and how much you should receive in damages. In certain circumstances, you can file an appeal to ask another court to review the case in the hope of getting a more favorable decision.
There are many reasons why your attorney may recommend appealing your case, including:
- The final verdict was contrary to the law.
- A jury member was engaged in misconduct, such as discussing the case with outside individuals.
- The jury instructions were inadequate or involved laws that didn’t apply to your case.
- The judge’s decision to allow or suppress evidence was incorrect.
- The judge applied incorrect laws while sentencing your case.
- The evidence didn’t support the jury’s decision.
While your first instinct after a disappointing verdict may be to rush to appeal, you must allow your lawyer to review the proceedings and determine a valid reason. Just as filing a frivolous lawsuit will result in dismissal, you could risk an even worse outcome without strong reasons. However, you must act quickly, as the deadline for initiating an appeal in Missouri is only ten days after the judgment is final.
How You File a Personal Injury Appeal in St. Louis, MO
Your personal injury attorney will file the initial petition requesting an appeal and then prepare additional materials to support your request. They may need to supply more documentation or filings if the Missouri Court of Appeals requests them. Your lawyer will keep you updated during this process. Plaintiffs are generally not required to appear in court at the appellate level.
While the appeal process isn’t as involved as a trial, it does add to your time and expense before receiving damages, so you must carefully consider many factors before filing. It’s important to keep in mind that even if you’re successful in your case, the other side also has the right to appeal.
The Missouri Court of Appeals hearing your case must follow Rule 84, which describes the procedures for examining all aspects of your case. They review the evidence, arguments, jury verdict, and laws applied during the trial. Your lawyer will provide legal briefs, oral arguments, and other documentation, but there are no witnesses or jury.
Potential Outcomes of an Appeal
The appellate judges will hear your case and issue an opinion. They may reverse the verdict and send the case back to the original court to hear it again, or they could uphold the verdict, in which case you must accept the outcome. In rare cases, you may be eligible to appeal to the Missouri Supreme Court, but if they deny or reverse the decision, you have no other options.
Because an appeal’s outcome is not guaranteed, it’s vital to work with a qualified and skilled personal injury attorney who will develop a powerful case before you go to trial. If you have someone with experience and knowledge on your side, you have a better chance of securing the outcome you prefer. They will also be able to determine when it’s appropriate to appeal and persuasively argue for a satisfactory decision.
The most important thing to remember about an appeal is that you must present evidence that something was fundamentally wrong in the way the case was decided or handled. You can’t simply appeal if you don’t like the decision. Again, your attorney can help you decide if there is enough merit to pursue an appeal.
It’s Best To Talk to a St. Louis Personal Injury Lawyer
Fortunately, most St. Louis personal injury lawyers offer free initial consultations. Additionally, most of them will agree to work without legal fees unless they win your claim.
No honest lawyer will guarantee victory, but a good lawyer can drastically increase the value of your claim in some instances. Call Roach Law Car Accident Lawyers at (636) 519-0085 or contact us online to learn how we can help your personal injury case.
