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Process

What happens if the defendant appeals a personal injury verdict?

After a personal injury trial verdict, the losing party may appeal to a higher court. Appeals are not new trials — the appellate court reviews the trial record for legal errors (improper jury instructions, evidentiary rulings, or legal conclusions) rather than re-examining the facts. During the appeal, collection of the judgment is typically stayed (suspended) — you generally cannot collect until the appeal is resolved. The appellant must often post a bond equal to the judgment amount to stay enforcement. Appellate decisions can affirm (uphold) the verdict, reverse it, modify the damages amount, or remand (send the case back) for a new trial. The appellate process typically takes 1 to 3 years. Most personal injury cases settle after a verdict even if the defendant files a notice of appeal — the appeal creates additional leverage for negotiating a final resolution that both sides can accept without further delay. Your attorney will handle all appellate proceedings, and the contingency fee agreement typically covers representation through appeal.

For informational purposes only. Not legal advice. Consult a licensed attorney.

Related Topics

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