If you or a loved one has gone through a personal injury case in Nevada, you may be wondering what your options are if the verdict does not go in your favor. It can be disheartening to go through a trial, present your case, and not come out with the result you were hoping for. However, there is a way to potentially appeal the verdict.
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Understanding the Outcome of Personal Injury Cases
Before delving into the appeals process, it is important to understand the possible outcomes of a personal injury case. A verdict is the decision that a judge or jury makes at the end of a trial, based on the evidence presented and arguments made by both the plaintiff (the person bringing the case) and the defendant (the accused).
After the verdict is reached, the judge will make a final judgment that outlines the actions that need to be taken by both parties. If you were the plaintiff in the case, you may be seeking compensation for damages caused by the defendant’s actions. The damages could include medical bills, lost wages, pain and suffering, and other expenses related to your injury.
Deciding Whether to Appeal
If the verdict does not go in your favor, you may be considering an appeal. However, before jumping into an appeal, it is best to discuss your options with an experienced personal injury attorney. Your attorney can review the case and determine whether there are grounds for appeal.
An appeal is not a retrial of your case. Instead, it is a request for a higher court to review the lower court’s decision. Appeals courts will not reconsider the facts of the case or take new evidence, but instead look at the legal arguments made by both sides and determine whether the lower court made an error in applying the law.
Grounds for an Appeal
There are several grounds for an appeal, but they all involve showing that the lower court made an error in applying the law. Some common grounds for appeal in personal injury cases include:
- Misconduct: If the defendant or their attorney engaged in conduct that was unfair or unethical during the trial, you may be able to appeal based on misconduct.
- Legal Errors: If the judge made an error in applying the law, the outcome of the trial may be affected. Legal errors could include failure to properly interpret or apply the law, or allowing evidence to be introduced that should not be allowed.
- Jury Misconduct: If the jury behaved improperly during the trial, it could affect the outcome of the trial. Jury misconduct could include discussing the case outside the courtroom, failing to follow the judge’s instructions, or engaging in prejudice behavior.
The Appeals Process
If you decide to appeal the verdict, your attorney will file a notice of appeal with the appropriate appeals court. The timing for filing the notice may vary based on the specific situation, so it is important to discuss this with your attorney.
After the notice of appeal is filed, the appeals court will review the lower court’s decision and the arguments made by both sides. The appeals process can take months or even years, depending on the complexity of the case and the court’s workload.
If the appeals court decides that the lower court made an error, it may either overturn the verdict or send the case back to the lower court for a new trial. However, if the appeals court upholds the lower court’s decision, the verdict will stand.
Conclusion
Appealing a personal injury verdict in Nevada can be a complex process. If you are considering an appeal, it is important to work with an experienced personal injury attorney who can review your case and help you understand your options. An attorney can also help you navigate the appeals process and increase your chances of success.