Appealing a Personal Injury Verdict: What to Know and When It Makes Sense

## Can You Appeal a Personal Injury Verdict?

Yes — both plaintiffs and defendants have the right to appeal a personal injury verdict they believe was legally incorrect. However, appeals are not a second chance to re-argue the facts of your case. Appellate courts review legal errors made by the trial court judge — incorrect jury instructions, improperly admitted evidence, errors in applying the law — not factual disputes. Appeals are expensive, time-consuming, and carry real risks, including the possibility that the appellate court will reduce your verdict or send the case back for a new trial entirely.

Only approximately 20% of civil appeals result in a reversal or significant modification of the trial court's decision — making the decision to appeal one that requires careful cost-benefit analysis with your attorney.

When an Appeal May Be Worth Pursuing

Your attorney will evaluate specific legal factors to determine whether appeal is justified given the time and cost involved.

• **Prejudicial evidentiary errors:** Evidence that should have been excluded was admitted and likely influenced the jury's decision in a way that harmed your case
• **Incorrect jury instructions:** The judge gave the jury legally inaccurate instructions that may have led to an improper verdict on liability or damages
• **Verdict against the weight of evidence:** In extreme cases where a jury's verdict has no rational basis in the evidence, limited appellate review may be available
• **Procedural errors:** Discovery violations, improper conduct by opposing counsel, or judicial bias that infected the fairness of the trial
• **Inadequate damages:** If a jury found liability but awarded unreasonably low damages, you may argue the damages were insufficient as a matter of law

Appeals typically take 12 to 36 months and cost $10,000 to $50,000 or more. Weigh this carefully against the incremental improvement you might achieve. Sometimes accepting and collecting the verdict is the better financial decision.