Can the Liable Insurance Company Appeal the Verdict in a Cleveland, Ohio Car Crash Case?

Car crash victims often feel a great sense of relief when a jury returns a favorable verdict. They know the legal process is finally reaching a conclusion and they will get the compensation they have been seeking.

That said, some victims may wonder if the insurance company can appeal the jury’s decision. Below, Friedman, Domiano and Smith’s Cleveland auto accident attorneys discuss whether car insurance companies may be able to appeal the jury’s decision. Insurance companies are certainly not going to be happy about losing the case, and they fight hard to avoid paying fair compensation to victims.

What Is an Appeal?

Put simply, an appeal is a request by one of the parties involved in a case to have a higher court review the lower court’s decision.

It is important to note that an appeal is not a request for another trial. The appeal is a request for the higher court to determine if the law was applied correctly in the trial. That means an appeal is not going to involve the presentation of evidence or testimony from witnesses.

The insurance company’s appeal request is not going to be granted simply because it was filed. The higher court gets to decide whether to hear the appeal.

Does the Insurance Company Have a Right to Appeal?

Both parties in a civil case have the right to appeal the jury’s decision. That means you have the right to appeal the jury’s decision if you are unhappy with the outcome. The insurance company also has the right to appeal the decision if they are unhappy with it.

However, the appeal request will not be granted unless there was some sort of legal error or omission in the trial.

While both parties involved in a lawsuit can appeal a judge or jury’s decision, you cannot appeal a settlement. Once a settlement is agreed to and signed, both sides lose the right to appeal it.

There may be rare situations when a case could be reopened because of fraud or coercion. For example, if the victim could prove he or she was coerced into agreeing to the settlement.

When Might an Ohio Insurance Company Be Able to Appeal a Car Accident Verdict?

There are various reasons why the insurance company might be allowed to appeal a verdict:

• There is evidence the judge was biased when talking to the jury.
• Jurors engaged in misconduct, such as by concealing biases or conflicts of interest.
• Evidence or expert witness testimony was improperly excluded from the trial.
• The judge did not give proper instructions to the jury. For example, the judge may have given incorrect instructions about a particular law that applied to the case.
• There was a lack of evidence to support the jury verdict.

How Much Longer Could It Take To Receive Compensation if There Is an Appeal?

Appeals must be filed within 30 days of the jury verdict. Once filed, the appellate court will decide whether to hear the case. If the appeals court chooses to hear the appeal, there are three potential outcomes:

• The appellate court will revise the jury verdict.
• The appellate court will reverse the jury’s decision.
• The case will be sent back to the lower court.

The appeals process could take months or longer. Some of this depends on how busy the court is, as it may take time to get a court date.

Your lawyer should be able to give you a good idea about how long the process may take.

How Likely Is the Insurance Company To File an Appeal?

Despite the insurance company having the right to file an appeal, this is unlikely to happen. An appeal drags out the legal process. If it is unsuccessful, the insurance company will not only have to pay you compensation, but it will also incur additional legal costs.

Another factor to consider is the insurance company is unlikely to believe it could win an appeal. After all, the insurance company already lost the case once.

Even though the insurance company went to trial with every intention of winning, insurance company lawyers are probably going to realize they cannot win the case on appeal. Lawyers are unlikely to continue pursuing a case unless they think they can win.

Another factor to consider is that insurance companies cannot appeal simply because they are unhappy with the result. It is unlikely there will be a valid legal reason for an insurance company to file an appeal.

Call Friedman, Domiano and Smith For Help With Your Car Crash Case

If you were injured in a car crash, you need experienced guidance for the legal process. This can provide peace of mind as you deal with your injuries and the many ways the crash has disrupted your life. Experienced lawyers also increase your chances of recovering the full compensation you need.

Friedman, Domiano and Smith has decades of experience and a proven track record. We are here to help you during this difficult time, and there are no upfront costs.