Nevada State law makes it possible for individuals injured in a car accident due to the negligence of another party to get compensation through personal injury law.
Most car accident victims in Las Vegas accept a settlement offer from an insurance company without going to trial. This enables victims to receive much-needed funds sooner and puts the strain of court proceedings behind them.
However, your car accident claim might be one of the few that makes it to trial.
If your case does make it to court and the judge (in a bench trial) or jury (in a jury trial) reaches a verdict, the odds are that one of the parties isn’t entirely pleased with the decision. However, being unhappy with the ruling is not a viable reason for an appeal.
Motion For New Trial
After a trial, but before an appeal, the unsuccessful party may file a motion for a new trial. This type of motion will go to the same court where the original car accident trial was decided.
The losing side will list all the reasons it believes are needed for a new trial, and the winning side will argue why the verdict was proper and why a new trial is unnecessary.
To request a new trial, the aggrieved party must cite one of the reasons listed in Nevada’s Civil Procedure Rules. These reasons include misconduct by the jury; misconduct by the other side; new evidence; an error of law; or/and any other issue that kept one of the parties from having a fair trial.
One has only ten days after the jury verdict to make this request.
Who Can Submit An Appeal?
Because personal injury lawsuits are tried in civil courts, plaintiffs and defendants can appeal the jury’s decision.
The Nevada Supreme Court has the power to review appeals from lower court verdicts, and its decisions are binding on all lower courts in the state. It is important to note that appealing a personal injury case is time-consuming and often expensive. It should be reserved for cases where an unjust judgment has been made due to an error in the law.
An appeal must typically be filed within 30 days of the trial court verdict.
There Should Be Sufficient Grounds To Prefer An Appeal
It’s important to note that simply disagreeing with the lower court’s decision or being unhappy with the lawsuit’s outcome is generally insufficient grounds for an appeal. There must be legal errors or other valid grounds that can be identified and argued before the higher court.
Remember, the appellate court will not consider new evidence. An appeal is not a new trial.
The specific grounds for appealing may vary depending on the circumstances of the case, the applicable laws, and the rules of the jurisdiction.
Appeals can only be pursued for personal injury cases in which the party that lost believes some error of the law was committed that was prejudicial against them. Submitting an appeal without sufficient legal reason could result in the appellate court rejecting the request without looking at any further arguments that may be presented. So, it’s essential to submit an appeal only if one has a clear, strong reason.
The acceptable reasons to appeal the verdict in a personal injury case may include the court’s refusal to hear testimony from an expert witness because they didn’t believe the witness qualified as an expert in the topic; the judge denied permissible evidence; the judge instructed the jury regarding laws that didn’t apply to the case; the judge explained laws applicable to the case to the jury in a discriminatory manner; suspected jury misconduct, such as jurors discussing the issue with individuals who are not on the jury, jurors conducting their investigations, or prejudiced jury members; and the verdict given was bad in law.
If any parties believe the above to be accurate, it is within their rights to file an appeal with the court. One must provide clear and robust evidence of legal misconduct if they hope to have their appeal accepted.
Should the appeal be granted, the case will proceed in one of three ways – the court will revise the damages awarded in the verdict, completely vacate the verdict, or send the case to a lower court for an entirely new trial.
Pacific West Injury Law – Las Vegas Personal Injury Lawyers Defending Clients Every Step of the Way
The fear of a verdict being appealed may be a source of anxiety for injury victims who need compensation.
Don’t be discouraged from filing a personal injury claim if you are injured in a car accident due to the negligence of another party in Las Vegas, Henderson, or North Las Vegas. Most claims get settled long before they go to court, and most court decisions aren’t appealed due to high costs. The law only allows a short window for appealing a verdict in a personal injury lawsuit.
At Pacific West Injury Law, we firmly believe in ensuring our clients get all the information and knowledge they need to file personal injury claims. We clarify and explain the possibility of an appeal.
However, we also ensure that our clients know that should their verdict be appealed, they have skilled and accomplished lawyers at our Las Vegas personal injury by their side.
Knowing your case is in good hands throughout the entire claim process can give you the peace of mind to focus on your recovery.
Learn about your legal rights by contacting the Las Vegas personal injury lawyers at Pacific West Injury Law for a free, no-obligation consultation.