Can I Appeal a Personal Injury Result in Pennsylvania?
Personal injury claims are meant to compensate victims and their families for injurious accidents. The legal process by which this process is reached can vary dramatically on a case by case basis. Unfortunately, personal injury case results are not always just, reasonable, or even legal. This leads to the question: can I appeal an unjust or unreasonable personal injury case result? Whether your personal injury claim was for a motor vehicle accident, construction accident, dog bite, or any other type of accident, it may be be possible to appeal a verdict in Pennsylvania.
Today, our personal injury appeals attorneys will discuss personal injury settlements, personal injury verdicts, and how each may be challenged in the case of an unlawful or unjust result.
Bucks County, PA Personal Injury Attorneys Discuss Settlements vs. Verdicts
The vast majority of personal injury cases never make it to trial. It has been estimated that 95 percent or more of all personal injury claims are settled out of court. While only jury verdicts or judge’s rulings can be formally appealed, it may be possible for your Bucks County personal injury attorney to contest either a verdict or settlement.
Verdicts may be appealed by either party within 30 days of the final judgement being rendered. Appeals will be considered using only the evidence presented in your original court case. It is important to understand that this is not a reconsideration of your case based on new evidence or a different legal approach, but is instead appealing the legality of the legal process.
Settlements may be challenged pursuant to Pennsylvania contract law. There is no formal appeals process for a settlement reached outside of court. However, it is possible to prove that your settlement agreement is unlawful based on a number of factors including unconscionable terms, signing a document under coercion, and much more.
Northeast Philadelphia Trial Lawyers Identify the Personal Injury Appeals Process
For claimants or defendants who wish to appeal court decision, they must file a written Notice of Appeal within 30 days of the original judgement. The case will then be sent to the Pennsylvania Appellate Division and heard by a judge or judges. All submitted appeals must be heard and it is not possible for the Appellate courts to refuse your appeal.
The appeals process in New Jersey commonly takes months if not years to complete. The original decision may be affirmed, reversed, or remanded. When a case is remanded, it is sent back to the lower courts to be reconsidered. If a case is affirmed by the Appellate Courts, it may be possible to petition the Pennsylvania Supreme Court to hear your case. Unlike the Appellate Division, the PA Supreme Court is not required to hear your case. The Supreme Court may choose to hear your case if:
- The decision would potentially set an important precedent for future personal injury cases
- The social and or legal significance of the case and whether it has been considered before
- Whether the decision will have an impact on PA residents
- Whether a law or previous decision needs to be clarified through a decision
Contact our Bensalem Personal Injury Appeals Attorneys Today
The personal injury appeals attorneys of Kamensky, Cohen & Riechelson have over 40 years of experience serving clients from local Bucks County communities including Northeast Philadelphia, Bensalem, Levittown, Penndel, Feasterville, Millbrook, and all of Southeastern New Jersey. We take pride in protecting the legal rights of victims and their families after injurious car accidents, motorcycle accidents, nursing home accidents, slip and fall accidents, or any other kind of accident. Our firm believes in offering ethical, professional legal services which are tailored to the unique needs of each one of our personal injury clients.
To learn more about the appeals process and how it may impact your personal injury case, please contact us online or call our Bensalem, PA office at (215) 337-4915 for a free and confidential consultation.