Insurance companies do not like awarding full compensation to an injury victim. However, they may be particularly unhappy if the case goes to trial and the jury awards even more compensation than the insurer would have paid in an out-of-court settlement.
Fortunately for the insurance company, they may be able to file an appeal of the jury’s verdict. The relief the victim may feel after hearing the jury award compensation may be replaced with anxiety. An appeal could further delay the victim receiving the awarded funds.
Appeals are allowed in virtually every case. For example, the insurance company could appeal because they think the jury awarded too much money.
That is why it is crucial to hire an attorney who is prepared to go to court and prepared to deal with appeals. An experienced attorney can explain the situation and the steps involved.
Galloway Jefcoat has been pursuing compensation for injury victims in Louisiana for decades. We have recovered hundreds of millions in compensation on behalf of our clients, through out-of-court settlements and courtroom verdicts.
Legal help is available. Schedule your free legal consultation today. 337-984-8020
When Could the Insurance Company Appeal a Jury Verdict?
The insurance company can file an appeal for many reasons. For example, the insurance company may say it has new evidence it wants to introduce. For example, maybe they recently found more evidence about what happened in the crash or evidence they want to use to attack your credibility.
Insurance companies may also appeal if they think there was an error of law during the trial or procedures were not followed. For example, the insurance company may claim the judge’s instructions to the jury were unclear or the judge told the jury about laws that did not apply to the case.
The insurance company could also claim:
- Jury misconduct
- The verdict violates the law
- All evidence was not presented
- Witnesses were not allowed to testify
Insurance companies are often unhappy with the amount of compensation a jury awards. They may attempt to appeal the jury’s decision claiming the award of compensation is excessive.
Filing an Appeal in Louisiana
The idea of a jury verdict being appealed may be a source of anxiety for injury victims who need compensation. However, you will not need to wait long to find out if the insurance company is going to file an appeal. The law only allows a short window for appealing a civil judgement.
Your Lafayette-based personal injury lawyer can explain what will happen to your compensation award while an appeal is considered.
It is important to understand that an appeal is not a completely new trial. The appeals court is considering the original trial and trying to determine if mistakes were made.
The appeals court may decide to send the case back down to the lower court, uphold the original verdict or potentially change the verdict.
It is vital to have an experienced attorney who is prepared for an appeal and who will also keep you informed until your case concludes. Knowing your case is in good hands throughout the legal process can help to give you the peace of mind you need to focus on your health.
Insurance companies know when attorneys rarely go to court, and they may be more likely to fight for their interests. Some may even allow a case to go to court when they discover they are dealing with an inexperienced attorney.
Is an Appeal Likely to Happen?
Each case is unique, but an appeal of a personal injury verdict may be unlikely for various reasons.
An experienced attorney is unlikely to take a case unless he or she thinks there is a strong argument in favor of the victim. The attorney’s goal is to secure full compensation for damages. That means if the jury awards compensation it will probably be hard to overturn the jury’s decision on appeal.
The insurance company is unlikely to appeal unless it thinks there is a good chance of a successful appeal. Taking additional legal action increases the insurance company’s costs. There is no point in taking that risk unless the insurance company thinks there is a good chance of success.
Call Galloway Jefcoat Today to Discuss Legal Options
A jury verdict may not be the final word on your personal injury claim. The insurance company may file an appeal hoping to present new evidence or prove some sort of procedural error during the trial.
That is why you need an experienced, knowledgeable legal team representing you. Galloway Jefcoat has been helping the injured for over 25 years, and there are no upfront fees for our legal services. This means no risk to you.
Contact Galloway Jefcoat to learn more: 337-984-8020.
June 11, 2021
Lafayette Parish