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Can the Car Insurance Company Appeal the Jury’s Award of Compensation?

Posted on behalf of Peter T. Nicholl in Car Accidents Oct 06, 2022

table with gavel and scales of justiceIf your car accident case goes to trial and is left in the hands of a jury, there is a good chance the jury is going to award significant compensation to the victim. Attorneys are unlikely to take cases to court unless they think there is a good chance that they can secure a verdict that is favorable to their client.

You can be sure the insurance company is going to be unhappy with a verdict that is not in their favor. They may even decide to appeal the jury’s verdict to try to get it overturned, or at least get an appellate court to award less compensation than the jury did.

The insurance company filing an appeal can raise many questions. For example, how much longer will it take for the victim to receive compensation? Does the appeal have a chance of success? Will the victim need to appear in court again?

The experienced Maryland-based auto accident attorneys at The Law Offices of Peter T. Nicholl discuss appeals of car accident cases, including reasons why a case can be appealed and how it affects your receipt of compensation for your damages.

If you have questions about the legal process, give us a call today: 410-244-7005.

When Can Insurers File an Appeal?

Technically, an insurance company could try to appeal a jury verdict for any reason. However, an appeal is going to be thrown out unless the insurance company has a valid reason for filing it.

It is important to understand that filing an appeal is not a way to retry the case. The insurance company cannot challenge a question of fact from the trial.

You can only file an appeal to challenge some sort of error during the case, such as a procedural error. For example, the insurance company may be able to file an appeal by claiming the judge improperly excluded a piece of evidence or testimony from a witness.

The insurance company might also be able to file an appeal because of the judge’s instructions to the jury. The insurance company may claim the judge gave improper instructions to the jury. Maybe the instructions about one of the laws that applies to the case were incorrect.

If the insurance company files an appeal, your attorney can explain whether the appeals court is likely to hear it. He or she can also explain the process for an appeal and how long it may take for your case to reach a resolution.

It is important to note that the insurance company filing an appeal is unlikely. Continuing the legal fight costs time and money and there is no guarantee the insurance company will be successful. Insurance companies are likely to think they are better off paying out compensation and moving on.

That said, you need to make sure your attorney is prepared for this. Hiring an experienced attorney with a history of results inside and outside the courtroom can be an essential step to take as you seek compensation for your damages.

How Long Will It Take to Receive Compensation?

Parties in a lawsuit have 30 days from the judgment in their case to file an appeal, otherwise the notice of appeal can be struck down. That means you are not going to be notified of an appeal months after your case has been resolved.

If the insurance company files an appeal and the case makes it on the docket, it could take months before the case is heard. It depends on when the appeal will be heard, which depends on how many cases the court is dealing with.

It is important to remember that the insurance company’s appeal may not be successful. Insurance companies have been known to fight cases even when they do not have a strong argument. Sometimes insurance companies will claim they bear no liability even when there is significant evidence to the contrary.

Your attorney should be able to give you a better idea about whether an appeal may be successful.

What Could Happen After an Appeal is Filed?

The best-case scenario is that the request for an appeal will be thrown out. If that happens, your case can be concluded, and compensation can be paid out.

However, if the appeal is heard, a court date will be set and then the question becomes: what will the appeals court decide?

The appeals court may affirm the jury’s decision. It may throw out the result of the case and send it back to the lower court.

The appeals court may also:

  • Reverse the lower court result
  • Modify the verdict
  • Some combination of the other options

Contact Us for Legal Assistance Today

Our attorneys are committed to seeking full compensation for your damages if we can validate your claim.

While many claims are settled without the need for a lawsuit, others make it to court and are resolved through a jury verdict. Our attorneys are always prepared for the courtroom, including an appeal the insurance company may file.

We do not charge upfront fees before taking your case and we do not get paid unless you receive compensation.

Schedule your free, initial legal consultation today: 410-244-7005.

Contact our personal injury lawyers for a free consultation if you have been injured by another’s negligence. You may be entitled to compensation.

GET WHAT YOU DESERVE

410-244-7005

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