If you've recently lost a personal injury lawsuit or arbitration case in California, you might be interested in filing an appeal. However, the process can be a little complicated, especially if this is your first time dealing with California's legal system.
First, let's review the personal injury claim process and look at what an appeal is. Then, we'll determine when and how you can file an appeal to challenge the court's findings.
California Personal Injury Case Process
There are two ways in which a personal injury claim can be tried in California. The first, as with every other state, is through the traditional court system. You file a lawsuit in civil court against the person, company, or other party responsible for your injuries, and a judge decides the case.
However, California also has a separate system for personal injury claims called arbitration. If both parties agree and the damages you're seeking are less than $50,000, you're eligible for arbitration. In this case, an arbitrator (instead of a judge) makes the ruling.
What is an Appeal?
Whether the decision was made by a judge in civil court or an arbitrator in arbitration, if the outcome is unfavorable to you, you can file an appeal and potentially convince a different judge or arbitrator to see things your way.
We've all seen television shows and movies where a character loses in court, appeals, and, during the second trial, a character runs in to announce that new evidence has been discovered that proves our hero was right and saves the day.
In real life, this could never happen because there is no second trial for appeals, and no new evidence can be submitted. Depending on the route you chose to get here, either an appeals court judge or a second arbitrator will review the transcripts, testimony, and evidence from the original trial and make their determination.
When Can I Appeal a California Personal Injury Case Decision? Should I Appeal?
Both civil lawsuits and arbitration offer opportunities for appeal, although not in every case. First, it has to be within the timeframe set by the judge or arbitrator. This is typically 60 days in California, although you'll want to check the court's instructions to be sure it's correct for your case.
For both trials and arbitration, you must have a strong legal reason to appeal that goes beyond "I lost and want a second chance". In other words, you aren't really appealing the decision by itself. You're claiming to the appeals court judge or second arbitrator that the trial court judge or first arbitrator made a mistake.
For example, the judge's decision might cite a law that says you aren't eligible for compensation for various reasons. However, they only quoted that particular law and didn't look at the following section, which explains that your exact situation is specifically noted as an exception. In this instance, you should file the appeal.
Another example is a judge or arbitrator stating in their decision that they ruled against you due to a misinterpretation of the evidence. Perhaps they overlooked a clause in the contract you had signed, or they thought they saw something in a piece of evidence that wasn't there.
This is because the Appeals Court Judge or second arbitrator isn't there to re-litigate the case. Their job is to evaluate the fairness of your original trial. If the original judge or arbitrator made a mistake in their ruling, you definitely should appeal, and not just for yourself.
The original judge or arbitrator probably isn't "out to get you" or ruling against you unfairly on purpose because they don't like you. Judges, like the rest of us, are human, and sometimes they make mistakes. Not only can a successful appeal get you the money you deserve, but it can also help improve the system. The original judge's clerks will likely take a closer look at their decisions next time to avoid this happening to others.
How Do I Appeal a Personal Injury Case in California?
If you believe that there was an error made by the court, judge, or arbitrator in your original California personal injury hearing, you should file an appeal as soon as possible. It may take some time to review the court's findings (and you'll almost certainly want to talk to a lawyer), but as soon as you know you have a case, you should appeal.
The process applies to both arbitration and trial court decisions and is rather simple. You'll want to file a Notice of Appeal with the specific court that issued the ruling.
You'll also need to provide a copy of the appeal notice to the other party (i.e., whoever you sued) in person or by mail through a third-party like a process server, or (if they've previously agreed to it), electronically. You'll also need to pay a $775 fee, plus a deposit to the trial court for the paperwork. Then, you wait for the judge's decision.
California Personal Injury Case Appeals
Appealing a California personal injury verdict is an easy process that only requires filling out a form, paying a fee, and delivering a copy to both the court that issued the original judgment and the other party.
However, before you file your appeal, you should check with a lawyer to ensure that you have a strong legal claim to do so. Filing an appeal is only for cases where the court made a mistake in its verdict by misapplying the law or misinterpreting evidence.
