An appeal is a legal process where a party asks a higher court to review and possibly reverse or change a decision made by a trial court. In a personal injury case, if you or the opposing party believes the trial court made a mistake in law or procedure, an appeal allows you to challenge that decision.
The appellate court is not re-litigating the matter – it does not hear new witnesses or consider new evidence. Instead, it reviews the trial court’s record to determine if the law was applied correctly. This review process ensures that both parties receive a fair trial under Missouri law.
Every appeal serves an important purpose, helping maintain fairness and consistency in the legal system by correcting errors that may have occurred in the lower court.
Why Might You Appeal a Personal Injury Case?
There are several reasons to file an appeal in a personal injury case. You may believe the trial judge gave incorrect instructions to the jury, or that certain evidence was improperly admitted or excluded. Another reason might be that the jury’s verdict was unreasonable based on the evidence presented.
In Missouri, either side of a personal injury case can appeal a final judgment. The goal of an appeal is to identify legal mistakes that may have affected the outcome, not to relitigate the facts. If the appellate court agrees that an error occurred, it can send the case back for a new trial or adjust the decision.
Who Can Appeal, and When?
In Missouri, either a plaintiff or a defendant can appeal a decision in a personal injury case. The party that files the appeal is called the “appellant,” and the other side is the “respondent.”
Timing is extremely important. Once the trial court enters a final judgment, the losing party has a limited number of days to file a notice of appeal. Missing this deadline usually means losing the right to appeal altogether.
Appeals from personal injury cases in Missouri go to one of three districts of the Missouri Court of Appeals: the Eastern, Western, or Southern District. Each handles cases based on where the trial originally took place.
What Happens During an Appeal?
The appellate court bases its decision on the “record on appeal,” which includes documents, evidence, and transcripts from the trial court. This record allows the judges to understand exactly what happened during the trial without hearing new testimony.
Briefs and Arguments
Both sides must file written arguments known as “briefs.” The appellant’s brief is meant to explain what legal mistakes were made and how they impacted the verdict. The respondent’s brief is in response to that brief and generally argues that the trial court’s decision should stand.
After reviewing the briefs, the appellate court may schedule oral arguments. During this hearing, attorneys have a short time to explain their points and answer judges’ questions.
What the Appellate Court Can Do
After considering all materials, the appellate court can make several types of decisions. It can affirm the trial court’s ruling, meaning it agrees with the outcome. It can reverse the ruling, changing the outcome. It can also remand the case, which sends it back to the trial court for another hearing or a new trial.
The appellate court focuses on whether the law was properly applied. It generally does not reconsider the facts or the jury’s decision unless there was a clear error.
Considerations for Personal Injury Appeals
Appeals in personal injury cases center on legal issues, not disagreements about the facts of the case. The appellate court usually accepts the trial court’s factual findings as correct unless they are clearly unsupported by the evidence.
Your attorney must demonstrate that a legal error occurred—such as an incorrect jury instruction, improper exclusion of evidence, or misinterpretation of law—that affected the verdict or judgment.
Time and Cost
Appeals can be lengthy and expensive. They often take several months or longer to resolve, depending on the complexity of the legal issues involved. Because of the time and cost commitment, it is important to carefully consider whether an appeal is worth pursuing.
Collection and Interest
If you win a personal injury case and the other party files an appeal, payment of your award may be delayed until the appeal is resolved. During that time, interest may accrue on the judgment amount. This ensures that if your victory is upheld, you are compensated for the delay.
Settlement vs. Final Judgment
When you settle a case, you generally give up your right to appeal. Similarly, not all decisions can be appealed—only final judgments or certain rulings that meet specific legal standards. Understanding whether your case qualifies for an appeal is a key step before taking action.
Contact Eason Car Accident and Personal Injury Lawyers Today for a Free Consultation With a Missouri Personal Injury Lawyer
Appealing a personal injury case in Missouri is a significant decision that should not be taken lightly. If you win your appeal, you may achieve a better result or more compensation. If you lose, you may face additional costs and delays.
Consulting a trusted personal injury law firm with appellate experience is the best way to evaluate your options. Eason Car Accident and Personal Injury Lawyers can explain your rights, outline your chances for success, and guide you toward the best path forward for your situation.
Call us today at (314) 932-1066 to schedule a free consultation with a Missouri personal injury attorney.