What Happens if a Car Insurer Appeals a Jury Award of Compensation?
When a jury reaches a verdict in a car crash case, one of the two parties involved is bound to be unhappy. While crash victims will be unhappy if the jury does not award them compensation or awards them less than they would like, insurance companies will probably be unhappy if they are required to pay out any compensation.
When the victim (plaintiff) or the insurance company/at-fault driver (defendant) is unhappy with the jury verdict in a car crash case, they may be able to file an appeal.
Below, we discuss why a car insurance company may file an appeal of a jury award of compensation. We also explain what might happen if an appeal is filed.
When Can a Car Crash Jury Verdict Be Appealed?
An insurance company cannot appeal a jury verdict simply because they are unhappy with it.
The insurance company needs to prove there was an error of law in the jury’s decision for an appeal to be successful. There are many examples of errors of law that may be valid reasons for an appeal, such as:
- The court denied a request for testimony from an expert witness, claiming the witness was not qualified as an expert
- Certain evidence was not presented
- Some of the judge’s instructions to the jury were about laws that did not apply to the case
- The verdict violates the law
- The laws that were explained to the jury were explained in a prejudicial way
- Not enough evidence to justify the verdict
- There is a reason to suspect misconduct by the jury
- And more
The insurance company must provide strong evidence of an error of law, otherwise, the appeal will fail.
In a car crash case, the insurance company may appeal by claiming there is not enough evidence of the severity of your injuries or evidence linking your injuries to the crash. They may also claim some evidence was not included in the trial and it would have resulted in a different outcome.
What About the Jury’s Award of Compensation?
When an appeal is filed and accepted by the appeals court, compensation will not be paid out until the appeal is resolved.
If the appeal is accepted the case will move to an appeals court, which can vacate the original verdict, change the damages award, or send the case back to the lower court for a new trial.
Unfortunately, appealing a case is time-consuming and adds a considerable amount of legal expenses. This could cut into your compensation award.
However, appealing also adds to the insurance company’s expenses, so they may not want to appeal unless they think they have a strong argument.
If the insurance company appeals, you want to make sure you have an experienced attorney who is prepared for it. At TSR, we are ready for an appeal by the insurance company. We have decades of experience and know insurance companies are looking for any way out of paying compensation to crash victims.
It is important to have an attorney with courtroom experience because insurance companies know the attorneys that rarely or never take cases to court. Insurers may be less likely to make a fair settlement offer if you are represented by an attorney who usually settles.
Contact TSR Today to Discuss Your Crash Claim
Our experienced Bloomington auto accident attorneys have helped many crash victims secure compensation, through settlements and courtroom verdicts. We are ready to help you discuss legal options and determine how we may be able to help you.
We work on contingency, which means there are no upfront fees for our services. An initial consultation is free, and you are not obligated to take legal action afterward.
Although many claims settle, we are always prepared to go to court, as our goal is to secure full compensation to help you move forward.
TSR Injury Law. Millions Recovered. No Upfront Fees. (612) TSR-TIME