If you are not happy with the outcome of your personal injury case, you may be able to appeal the trial court’s decision to a higher court. However, you must have valid legal grounds in order to file your appeal. The appeals court could overturn the decision, affirm the decision, or remand the case back to the lower court with specific instructions.
In Alabama, you can appeal your personal injury case to the Alabama Court of Civil Appeals. Keep reading below to learn more about the appeals process.
Legal Grounds for an Appeal
An appeals court will typically not hear your case simply because you are unhappy with the outcome. Instead, there must be a valid legal argument about why the outcome is incorrect.
Some of the most common legal grounds for an appeal of a personal injury case include:
- Improper jury instructions were given by the trial judge
- The judge misapplied the law to certain areas of the case
- Jury misconduct, such as a bribe or not following the judge’s orders
- The verdict was not supported by the evidence in the case
- Evidence was either improperly admitted or excluded during the trial
- The ruling conflicts with existing law or case law precedent
- Abuse of discretion by the trial court
- Procedural problems at the trial level, such as errors in the jury selection process
This is not a complete list of all the possible grounds for appeal. There are many other situations in which an appeal may be valid.
Appellate Court Procedural Rules
The procedural rules in an appellate court differ from the rules at trial. Some of the biggest differences are:
New Evidence
No new evidence may be introduced during an appeal. Instead, you must rely on the record from the trial court to present your arguments for your appeal. If the case is remanded to the trial court, new evidence may be introduced at a new trial.
Burden of Proof
At the trial level, the burden of proof is on the plaintiff. This means that the plaintiff must present enough evidence to prove their case. However, the burden of proof on appeal is on the party that files the appeal. The burden is on the party appealing to show the trial court made a legal error that affected the outcome.
What Does the Appellate Court Consider?
Appellate courts generally do not reexamine factual decisions made at trial. This is because the trial court is in the best position to evaluate evidence and witness testimony, having seen and heard it firsthand.
Issues of Fact
When an appeal involves questions of fact, the appellate court usually defers to the trial court’s findings. Even if the appellate judges might have reached a different conclusion, they are unlikely to overturn factual determinations.
Example: If a car accident trial involved a dispute over whether the defendant ran a stop sign, the appellate court would typically accept the trial court’s decision on that issue.
Issues of Law
The appellate court’s primary role is to review legal and procedural issues. This includes deciding whether the trial court correctly applied the law and followed proper procedures.
Example: If the appeal argues that the case was allowed to proceed after the statute of limitations expired, the appellate court would review that issue closely. Legal errors like this can result in a verdict being overturned.
How Do I Appeal a Personal Injury Case in Alabama?
Filing an appeal in Alabama requires following a strict process and adhering to hard deadlines.
To file an appeal of the outcome of your personal injury case, you must:
- File a written Notice of Appeal to the trial court no later than 42 days after the judgment.
- Obtain copies of the trial court record that includes the full transcripts and all evidence from the trial court.
- Draft your appellate brief that outlines the specific legal arguments for why you believe the decision at the trial court was improper.
- Review the opposing party’s answer to your brief. The opposing party must file an answer to your arguments.
- Be prepared to present oral arguments supporting your case in front of the appeals court. Not every case will require oral arguments, but the court may require them.
- Wait for a decision. The appeals court may affirm, overturn, or remand the case.
Appeals can take time, and many are resolved within about a year.
Contact the Birmingham Personal Injury Lawyers at Belt, Bruner & Barnett Personal Injury Lawyers for Help Today
Filing an appeal is a complex process and requires a deep understanding of Alabama law. This is why you should always get help from an experienced personal injury lawyer to help with your appeal. Remember that you only have a few weeks to start the appeals process after trial, so waiting too long could cause you to lose your right to file an appeal.
The team at Belt, Bruner & Barnett Personal Injury Lawyers can help you through the appeals process from start to finish. Whether you need help with a new personal injury claim or need to file an appeal of your case, we have the experience you need on your side. Contact us today at (205) 973-6417 to schedule a free consultation with a Birmingham personal injury attorney and let us help.