Yes, you can. In fact, either party has the right to appeal a verdict in a New Jersey injury case. However, your appeal could be dismissed if you do not present sufficient evidence that the judge or jury made a poor ruling in your case. If you have questions about appealing a verdict, contact us at Kantrowitz, Goldhamer & Graifman, P.C. for a confidential consultation. Our wealth of experience in personal injury law means that we could be your strongest advocate in an appeal.
Having the Right to Appeal Does Not Necessarily Mean You Have a Reason to Appeal
While you have the right to appeal a verdict, you also need to have a reason. It must be based on an issue of law– as opposed to an issue of fact– that was committed during your case and was prejudicial to you.
How Does This Work Procedurally?
Once a trial verdict is rendered, you have a relatively short period of time to file an appeal. At Kantrowitz, Goldhamer & Graifman, P.C., we strongly recommend that you consult with an experienced personal injury lawyer as soon as possible. This consultation can help ensure that you meet all legal deadlines, inform you as to any possible reasons you may have to file an appeal and advise you on the strengths and weaknesses of your case on appeal.
Common Reasons for an Appeal
Once your personal injury attorney files a notice of appeal, you become the appellant and will need to show that you have a reason for your appeal, which may include one of the following:
- During the trial, the court denied the testimony of an expert witness because they were not considered an expert, and this decision was incorrect
- The verdict is against the law
- There was insufficient evidence to support the verdict
- The judge denied evidence that should have been allowed
- Jury misconduct. Possible examples of jury misconduct include jurors discussing the case with non-jurors, jurors conducting an independent investigation of the case, and more.
What are the Possible Outcomes of My Appeal?
Appeals are often very expensive and time-consuming. It should also be noted that an appeal is not a redo of your case. Instead, the appellate court will consider the record from the trial in an attempt to arrive at one of the following outcomes:
- The appellate court reverses the lower court’s decision, meaning you win your appeal
- The appellate court affirms the decision of the lower court, meaning that you lose your appeal
- The appellate court remands– or sends the case back– to the lower court for further proceedings
If you are interested in filing an appeal following a verdict in your New Jersey injury case, hiring the right attorney may make all the difference in the outcome of your case.
Contact us for a confidential consultation
Since 1975, we have gone the extra mile to fight for justice for innocent victims injured in New Jersey through no fault of their own. We pride ourselves on being big enough to do it all, and small enough to care.
If you have questions about appealing a verdict in a New Jersey injury case, call us at Kantrowitz, Goldhamer & Graifman, P.C. today to book a cost-free consultation. We handle personal injury cases on a contingency fee basis, meaning we will not send you a bill unless you prevail.