Appealing a Maryland Personal Injury Trial Decision

If an individual is dissatisfied with the result of their personal injury claim in trial, or if they believe that it was wrongly decided, they may wish to appeal the trial court’s decision to an appeals court to see if there were any legal issues with the way in which the trial was decided. This is a potentially very lengthy process, so it is not always advisable, depending on the specifics of the particular case, however there are certainly some situations where it is a beneficial decision. Anyone who is looking to make an appeal should continue to work with their Maryland personal injury lawyer, who can advise them on whether an appeal is warranted, and if so, help them to understand and guide them through the appeals process.

Defining an Appeal

An appeal is a legal term that is used to describe the review process of the trial court’s decision of a personal injury claim.

Typically, an appeal does not deal directly with whether the injured person believes the jury reached the right decision. An appeal deals more specifically with legal issues that come up during the course of a trial.

An appeal does not typically take place until a final determination is made on the personal injury claim. This means that the appeal is not ripe until after the conclusion of the personal injury trial.

What to Expect From the Process

Appealing a claim is a multi-step process. First, an administrative appeal must be filed at trial court level. Then the court’s file will be transferred to the court of special appeals where the court is tasked in determining if the law was appropriately applied in the trial court located within the same county.

Lastly, the parties will work through presenting and collecting the necessary appeal information, filing briefs, and ultimately presenting oral arguments regarding the issue. Based on all information regarding the appeal, the court will render a decision.

Benefits and Downsides

The benefits and downsides of appealing a personal injury claim are dependent on the facts and circumstances of each individual case. Some factors include the strengths of the appeal issues and the ultimate value of the claims should the court of special appeals overturn the trial court’s decision.

Likewise, even if a matter has been decided and an appeal has been noted, it does not preclude the party from continuing in settlement negotiations.

Typically, an appeal will take a year to 18 months from the time it is initiated until the time the court of appeals renders a decision.

However, it is possible the court of special appeals may take many months after the oral hearing to render a formal written opinion.

Benefits of an Appeals Lawyer

Like all litigation cases, knowledge and experience are valuable assets in presenting an appeal. Anyone who has an appeal issue should consult with an experienced personal injury attorney to evaluate the claim and perform all necessary tasks in an effort to present the claim in the most favorable light to the client.