Licensed in Missouri and Kansas

After Trial

The trial of any personal injury case is typically the culmination of all the work that goes into the case. Trial is when the jury decides who is at fault for an injury accident, whether the injured plaintiff should get compensation, and how much. Most cases settle before trial, and some cases even settle before a lawsuit is ever filed. But if a case can't settle, then a lawsuit will have to be filed and the case will have to go to trial. Getting to trial can take years and countless hours of work. Unfortunately, when this massive amount of effort culminates in a jury trial, it is not necessarily the end of the road for the personal injury case.

Whether the personal injury victim wins or loses at trial, there's usually an appeal. Each side has a right to appeal a jury verdict. Typically, the losing party appeals. Appeals are a unique process and quite different than what usually goes into getting a personal injury case to trial. Here are some of the ins and outs of appeals.

When you appeal, your case goes to the Court of Appeals. There are no juries in the Court of Appeals and the case is not tried all over again. Instead, a panel of judges will determine if there was something wrong with the jury trial and whether the case should be sent back to the trial court for a new trial. This determination is done through brief writing and oral arguments to the judges.

If you win your appeal, the judges will send the case back to the trial court for either a new trial or to institute some kind of change in the outcome of the trial. If you lose your appeal, you have the right to appeal to the Supreme Court for a second chance. The Supreme Court may deny your appeal, meaning you don't get a second chance. If they accept your appeal, then you have another chance at changing the outcome of the jury trial.

Appeals can take a long time. Getting a ruling from the Court of Appeals usually takes about six months. If you the Supreme Court takes your appeal, you might not get a ruling for a year and a half.

There is much more to appeals than what I've written here. If you have questions about the appeal process in personal injury cases, please feel free to contact my firm. I have successfully appealed cases to the Supreme Court and can answer your questions.