What is the Process to Appeal Your Personal Injury Claim in Louisiana?

If you’ve received an unfavorable outcome in a personal injury trial, you may have the option to appeal the jury’s verdict. With a successful appeal, a higher court can correct these errors, potentially leading to a different verdict. An appeal is not a new trial, but a request for a higher court to review the decision of the lower court.

Grounds for appeal in Louisiana typically include legal errors, incorrect application of the law, discrimination cases, or procedural issues that could have influenced the verdict.

Understanding the appeals process and working with a Louisiana personal injury attorney from Dudley DeBosier can help you appeal and get a fair judgment.

When You Might Consider Appealing Your Personal Injury Claim in Louisiana

You might consider appealing your personal injury claim if you believe that legal mistakes impacted the initial trial court’s decision. Certain errors affect the trial’s fairness or the adequacy of the awarded damages, giving you grounds for appeal. These may include:

Errors in interpreting the law

If you or your lawyer believe the trial court misapplied legal principles or case law, you might be eligible for an appeal. An appellate court reviews the legal standards applied to a case to ensure they align with current laws and precedents.

For example, if the court denied your motion for a key piece of evidence based on an outdated legal standard, this misapplication could be grounds for an appeal. An appellate court could reconsider the evidence under the current legal framework, which could alter the outcome of your case.

Improper admission or exclusion of evidence

Appeals often arise from claims that critical evidence was either wrongfully omitted or wrongfully allowed during the trial. The appellate court examines whether the trial judge followed proper legal procedures in admitting or excluding evidence.

For example, if a trial court ruled to exclude medical reports substantiating the extent of your injuries, this has affected the jury’s perception of your damages. On appeal, you might argue that these reports were crucial and should have been considered, prompting the appellate court to review the trial court’s decision for adherence to evidence law.

Juror misconduct

Inappropriate behavior by jurors could compromise the fairness of the trial. An appellate court will consider whether juror behavior may have influenced the verdict unjustly.

If, after the trial, you discover that a juror was posting about the case on social media and expressing bias against your claims, it could violate the neutrality required of a jury. You could appeal on the grounds of juror misconduct, questioning whether this behavior unfairly affected the verdict against you.

Insufficient settlement

An appeal may also be warranted if the damages awarded were inadequate or excessive in light of the evidence presented. The appellate review can address whether the jury’s award was adequate judging by the evidence.

For example, the jury awarded you a settlement that didn’t cover the basic medical expenses incurred due to your injury despite clear evidence and testimony outlining extensive costs and ongoing care. This discrepancy between the evidence presented and the damages awarded could be grounds for an appeal.

An appeal is not about rehashing the facts, but about reviewing the legal process to ensure a fair trial. If you suspect legal oversights have affected your case’s outcome, consulting with a Louisiana personal injury attorney from Dudley DeBosier Injury Lawyers can help determine if an appeal is a viable and strategic option.

Process for Appealing Your Personal Injury Claim

When seeking to appeal a personal injury claim in Louisiana, speak with a lawyer to make sure you understand and follow all the steps needed correctly.

• Determine the legal basis for the appeal. We can confirm whether you have a legal basis for the appeal. To justify a legal basis for appeal, we can identify errors in the application of the law or a procedural issue that could have affected the outcome of your case.

• File a notice of appeal. You must file a notice of appeal with the court clerk where your trial occurred. We can help you file this document within the required timeline (which is typically extremely short) to initiate the appellate process.

• Prepare the appellate record. Our legal team can help you assemble a complete appellate record, which includes a comprehensive trial transcript, all pleadings, submitted evidence, and any other relevant documents. This ensures the record accurately reflects what transpired during the trial.

• Write and file briefs. We can submit your brief to the appellate court that argues why we believe the trial court’s decision was incorrect. The appellee (the other party) will offer a counter-brief. This document allows them to argue that the trial court’s decision was correct and should be upheld.

• Prepare for potential oral arguments. If the appellate court allows, both you and the other party may be given the chance to present oral arguments. This allows us to emphasize key points from your appellant brief and clarify any questions the judges may have.

• Wait for the appellate court’s decision. After examining the briefs and hearing oral arguments, the court will offer a decision. The court can affirm the original decision, reverse it, or remand the case to the trial court for additional proceedings. We can guide you through this process, helping you understand the court’s decision.

• Pursue further appeals. If we are unsuccessful in the appellate court, we may in some circumstances be able to appeal to the Louisiana Supreme Court. We can use our experience and legal skills to advise you of your options and continue representation if necessary.

Ready to Challenge Your Verdict? Contact a Louisiana Personal Injury Attorney Today

The appellate process is designed to address legal errors and ensure the integrity of the judicial system. Our team of personal injury attorneys at Dudley DeBosier can help you challenge your verdict in a personal injury damage award.

If you believe your trial was flawed by legal error, contact us for a free consultation today. We can assess the strength of your potential appeal and take the next steps toward a fair resolution.

Disclaimer: This content has been reviewed by Chad Lederman, Director of Legal Operations at our New Orleans office.

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