Law Office of Thomas D. Bumgardner, PLLC Law Office of Thomas D. Bumgardner, PLLC
704-870-4779
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North Carolina Appeals

Ballantyne Personal Injury Appeal Lawyers 

Appealing Personal Injury Cases in Union, Mecklenburg, and Gaston Counties

If you lost your personal injury lawsuit, you may still be eligible to pursue your claim for compensation through an appeal. In cases in which a miscarriage of justice has occurred, an appeal can be filed. Not all law offices take on appeals cases because they follow an entirely different process than filing the initial claim. In fact, many other law firms call upon the appeals attorney at Law Office of Thomas D. Bumgardner, PLLC to represent their clients in a personal injury appeal. 

Contact us today at (704) 870-4779 to discuss your case and learn your options for appealing an unfair judgment in a personal injury case.

Common Reasons for Personal Injury Appeals

There are various reasons why a personal injury case may be appealed, such as errors in law, jury instructions, or the application of evidence. Common grounds for appealing a personal injury case include:

  • Legal Errors: Mistakes in how the law was applied during the trial.
  • Insufficient Evidence: If the trial decision was based on insufficient or improperly admitted evidence.
  • Misapplication of Jury Instructions: If the judge’s instructions to the jury were unclear or incorrect.
  • Verdict Against the Weight of Evidence: If the verdict was not supported by the facts of the case.

The Importance of Hiring a Skilled Appeals Attorney

The appeal process can be incredibly intricate, and winning an appeal is challenging. That’s why it’s crucial to have a qualified attorney who handles appeals managing your case. At Law Office of Thomas D. Bumgardner, PLLC, we have a proven track record of success in appellate cases, and we’ll work tirelessly to ensure that your case gets the attention it deserves.

How to Appeal a Personal Injury Case

It is a reality that not all personal injury lawsuits are resolved correctly, or even fairly. The jury may not have awarded damages or may have awarded an amount far lower than the injured person deserves based on the facts in the case. When this is the case, you can appeal the decision.

Once the judgment has been rendered, the Notice of Appeal must be filed within 30 days to officially begin the appeals process. A “brief” must be drafted, which is a written argument stating why the case deserves to be heard by the North Carolina Court of Appeals. The opposing counsel can submit a reply to the written argument. 

Contact us today at (704) 870-4779 to discuss your case and learn your options for appealing an unfair judgment in a personal injury case.

Impact of an Appeal on Your Case

An appeal does not automatically grant a new trial or change the verdict. Instead, the appellate court will focus on legal issues that may have affected the fairness of the trial. However, if successful, an appeal can result in a:

  • Reversal of the Verdict: In some cases, the appellate court may overturn the original decision.
  • New Trial: If the court finds that legal errors occurred, a new trial may be ordered.
  • Settlement or Negotiation: In certain cases, the possibility of a settlement may arise following a successful appeal.

Arguing the Case in Appeals Court

Your attorney will have the opportunity to argue your case in the Appeals Court. The legal talents of your attorney are of extreme importance; the arguments must be well-supported by evidence and presented in the most compelling manner. 

Contact us today at (704) 870-4779 to discuss your case and learn your options for appealing an unfair judgment in a personal injury case.

 

At Law Offices of Thomas D. Bumgardner, PLLC, we have successfully presented cases at the North Carolina Court of Appeals and the North Carolina Supreme Court and are honored to be listed as a National Trial Lawyers Top 100. When you choose to work with our firm, your case will be in the hands of a talented litigator with extensive experience and successful outcomes in challenging cases. 

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