An appeal with a Kentucky personal injury case is exactly what it sounds like. It’s when you:
- Appeal the judge’s verdict to a higher court.
Like a lot of the terms you hear during this process, it can get confusing to know when and how it applies to you–or when you can even use it. Our Kentucky personal injury lawyers at Kaufman & Stigger, PLLC can guide you from start to finish. Set up a free consultation today.
When Can I Appeal My Personal Injury Case?
In Kentucky, you can appeal a personal injury case when you believe the judge made a legal mistake that affected the outcome. An appeal isn’t a chance to “redo” your case or present new facts; it’s a review of whether the judge:
- Handled your case fairly and correctly.
With that said, you can only appeal when there’s a verdict, so it would be after you go through the trial. So, it’s really a question of why you would need to appeal in the first place.
Why Would I Need to Appeal My Personal Injury Case?
If you reach the point where your personal injury claim reaches a courtroom, you want to make sure everything works the way it’s supposed to. So, in that respect, it’s important to know that an appeal isn’t a “do-over.”
You’re not re-proving your injuries or bringing in new witnesses. Instead, you’re pointing out certain mistakes or flawed decisions that could have changed the outcome. This usually involves:
- Incorrect jury instructions where the jury wasn’t told the law correctly. This makes their decision–which is based on the judge’s instructions–flawed.
- The judge including or excluding certain evidence, which can shift the whole direction of a case.
- The judge misapplying the law.
- Procedural problems like missed deadlines, mistakes in the way the trial was conducted, or other issues can cause you to need an appeal.
Asking for an appeal doesn’t mean you’re being difficult or “refusing to accept” a loss. It simply means you want a fair, lawful, and accurate review of what happened. But again, this can be a long way off after a car accident or slip-and-fall. That’s why it’s important to have the right guidance and support from the very beginning.
How Can Kaufman & Stigger Help Me With My Personal Injury Appeal in Kentucky?
Handling an appeal is very different from handling a regular injury claim, and that’s where our team of Kentucky personal injury lawyers at Kaufman & Stigger, PLLC steps in by:
- Reviewing the entire record from your trial
- Finding legal errors
- Building a clear, well-supported argument for why the verdict or decision should be reconsidered
We handle all the paperwork and procedures from there—handling all the written briefs, deadlines, oral arguments before the appellate court. Most importantly, we’ll be there with you from the outset to make sure you understand what’s happening and what to expect. If you’re considering an appeal in Kentucky, we’re here to walk you through your options and take on the hard work while you focus on getting better. Set up a free consultation today to get started.
