Can I Appeal a Verdict in My Personal Injury Case in South Florida?

If you’ve gone through a personal injury trial in South Florida and received an unfavorable verdict—whether it was a denial of compensation or a much lower amount than you expected—you may be wondering, “Can I appeal this decision?”

Can-I-Appeal-a-Verdict-in-my-Personal-Injury-Case

As someone who has practiced personal injury law in South Florida since 1983, I understand the frustration and disappointment that comes with an unsatisfactory outcome. While an appeal is possible in some situations, it’s not a second chance to re-argue your case from scratch. The process is specific, technical, and must be based on legal grounds—not just disagreement with the result.

Here’s what you need to know if you’re considering appealing a verdict in your personal injury case.

What Is an Appeal?

An appeal is a formal request asking a higher court to review the legal process and decision made in your trial. It is not a retrial. You are not presenting your evidence all over again or calling witnesses. Instead, an appellate court looks at the trial record to determine whether any legal errors occurred that could have impacted the outcome of your case.

In Florida, appeals from personal injury cases are usually taken to the Florida District Court of Appeal. This court examines whether the trial court made any mistakes in applying the law, admitting or excluding evidence, instructing the jury, or following proper procedures.

Grounds for Appealing a Personal Injury Verdict

You cannot appeal simply because you’re unhappy with the verdict. You must have legal grounds, such as:

Incorrect Jury Instructions: If the jury was given improper or misleading instructions about the law.
Improper Admission or Exclusion of Evidence: If the judge wrongly allowed or refused to admit key evidence.
Judicial Misconduct or Bias: If the judge behaved in a way that could suggest unfairness or partiality.
Lack of Sufficient Evidence: If the verdict was so clearly unsupported by the evidence that it constitutes a miscarriage of justice.
Legal Errors in Rulings: Mistakes in how the law was applied during the case, such as in motions or pre-trial procedures.

As your attorney, I would carefully review the trial transcripts and court records to determine if any of these errors occurred and whether they significantly affected the verdict.

How Does the Appeal Process Work?

The appeal process in Florida follows these general steps:

1. Notice of Appeal

You must file a notice of appeal within 30 days of the final judgment. Missing this deadline could permanently bar you from appealing.

2. Record on Appeal

This includes all relevant documents from your case—transcripts, motions, exhibits—sent to the appellate court for review.

3. Written Briefs

Both sides (you and the opposing party) submit written arguments. I would prepare a detailed appellate brief outlining the legal errors that occurred and how they impacted your case.

4. Oral Arguments (if granted)

In some cases, the appellate court may allow oral arguments. This gives attorneys a chance to further explain their positions before the judges.

5. Appellate Decision

The court may:

Affirm the verdict (agree with the trial court)
Reverse the verdict (overturn the decision)
Remand the case (send it back to the trial court for further proceedings)

Appeals can take several months or even over a year, depending on the complexity of the case and the court’s schedule.

Can You Appeal a Settlement?

If you voluntarily agreed to a settlement, you typically cannot appeal afterward. Settlements are binding contracts, and courts rarely allow you to undo them unless there was fraud, coercion, or a similar legal issue.

That’s why I always ensure that my clients fully understand the terms of any proposed settlement before agreeing—so there are no regrets or surprises later.

Is an Appeal Worth Pursuing?

Appeals are time-consuming and involve additional legal costs. They also come with no guarantee of success. However, in cases where a clear legal error has been made, appealing may be the only way to correct a wrong and pursue the compensation you deserve.

Before recommending an appeal, I conduct a full analysis of the case to determine:

If there’s a strong legal basis for appeal
If the potential benefits outweigh the risks
If there are realistic chances of reversing or improving the outcome

If I believe the appeal has merit, I’ll walk you through the process and personally handle all aspects of the appeal on your behalf.

Final Thoughts

Yes, you can appeal a personal injury verdict in South Florida—but only under the right circumstances. It’s a legal process that requires deep knowledge of trial procedures and appellate law.

If you believe your case was decided unfairly or mishandled, I invite you to reach out to me directly. I’ve been representing injury victims across South Florida for over three decades and will give you a straightforward, honest assessment of whether an appeal is in your best interest.

You’ll speak with me directly—not a case manager or assistant. I’ll help you make an informed decision and fight to protect your rights.