Appeal
Losing a personal injury trial can be devastating for the victim and their family. You were counting on the jury to decide in your favor and award economic and non-economic damages for your losses. However, the jury decided in favor of the person who caused your injuries.
If the jury returned an unfavorable decision in your personal injury case, an experienced Boulder personal injury lawyer can review the matter to determine if you can appeal the decision. An appeal asks a higher court to review the ruling of the lower court. However, you must have standing and grounds to file an appeal in a Colorado personal injury case.
Over $50M Recovered in the Past 7 Years
At the Tenge Law Firm, LLC, our goal is to achieve the best possible result for our clients as soon as possible. Each case and each client is different, so we work directly with clients to meet their needs for medical care and personal situations. We have enjoyed great success, with exceedingly high client satisfaction, using this approach.
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$3,250,000 Rollover auto accident involving defective roof and serious injuries
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$1,475,000 Auto accident with head, neck and back injuries
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$950,000 Car accident with brain injury and orthopedic injuries
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$750,000 Policy Limits – Low speed auto accident leading to minor stroke
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$533,000 Trial Verdict - Client hit by airborne patio umbrella with facial scar and concussion.
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$450,000 Pedestrian hit by car
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$300,000 Four-car accident resulting in vertebral fracture and facial injuries
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$200,000 Auto accident with facial injuries
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$120,000 Slip-and-fall at fast food restaurant
What Are the Eligibility Requirements To Appeal a Personal Injury Judgment in Colorado?
Before you file an appeal of your personal injury verdict, it is important to understand who is eligible to appeal. First, you must be a party to the lawsuit. A plaintiff or a defendant can appeal the jury’s verdict. Being a party to the lawsuit gives you legal standing for the appeal.
Second, you must have a reason to appeal. Being dissatisfied with the jury’s verdict is not grounds for appeal. An appeal is not about retrying the case. The court reviews issues related to evidence, law, or procedure that could have impacted the outcome of the trial.
Examples of the grounds for an appeal include:
- The court allowed the other party to use an unqualified expert witness to testify
- The court inappropriately granted the other party’s Motion to Dismiss
- The court disallowed the testimony from a qualified expert witness
- The court allowed the other party to introduce evidence that violated the Colorado Rules of Evidence
- There was misconduct by one or more of the jurors
- No jury could have reasonably ruled in favor of the other party, given the evidence presented in court
- Errors in law or procedures, such as a judge misinterpreting a statute or failing to follow legal procedures
- The opposing counsel engaged in unethical behavior that impacted the outcome of the trial
There are many grounds for an appeal. An experienced Boulder personal injury attorney evaluates the merits of an appeal to ensure you are eligible to file an appeal and have suitable grounds for an appeal.
Hundreds of 5-star Reviews. Exceptional Results
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"Would highly recommend to anyone!!"
Tenge Law Firm helped me out when I was in a accident that involved my whole family. They were great and fast with the entire process, and were awesome at keeping me updated throughout the entire process. Would highly recommend to anyone!!
- Zack K. -
"Everyone is extremely nice & very efficient"
I highly recommend this law firm! They take care of everything in a timely manner & alleviate any harassment while you recover from injuries. Everyone is extremely nice & very efficient...if you need an attorney, Tenge Law is the place to go!
- Betty C. -
"They treated me like family"
Todd, Liz and Nina were amazing. They handled my case very professionally. I recommend this law firm to anyone looking for a great firm. They treated me like family
- Jenn K. -
"Definitely made it a stress-free experience"
Brenda was my attorney. She was amazing, helped me through the whole process. Definitely made it a stress-free experience, especially after going through something so traumatic! Was extremely attentive and always kept me updated on how my case was going! I would 1000% recommend them to everyone and anyone!! THANK YOU SO MUCH!
- Zitlaly O. -
"They were extremely responsive and answered my questions very well."
Paige and Nina were a delight to work with. They were extremely responsive and answered my questions very well. They made me feel like I was in good hands and could trust them!
- Rachel V.
What Are the Potential Outcomes of Appealing a Personal Injury Verdict in Colorado?
There are three possible outcomes when you appeal a personal injury judgment. The appellate court could:
Denial of Appeal
The appellate court may decide you have no grounds for an appeal and leave the verdict as the jury issued it. If so, you could file another appeal with a higher court if your attorney believes the two lower courts erred.
Reversal or Modification of the Verdict
The court may reverse the judgment entirely. The court may also modify the judgment, such as reducing the amount of damages the jury awarded in your case.
Remanded for a New Trial
The court may reverse the judgment and remand the case for a new trial. If so, the parties present their case to a new jury. The second time could result in a more favorable outcome, but it is not guaranteed.
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Reviews
When our clients are happy, they say so. Whether we’re being described for how well we communicate, our responsiveness, or the quality of our service, we’re consistently rated 5.0 out of 5.0 by those we represent.
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Ratings
As an industry leader in the field of personal injury, we're proud to maintain a superb 10.0 out of 10.0 rating on AVVO.com, have a preeminent AV rating from Martindale-Hubbell, and have recently been awarded Client Champion Platinum status from Lawyers.com.
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Results
In the last ten years, we've recovered $50 million on behalf of our clients. Our motto is simple - You do what you need to do physically recover, and we'll handle the rest.
At the Tenge Law Firm, we feel a profound responsibility to ensure our client’s physical and emotional well being during one of the worst times of their life. We've put together a page of resources to help you gain legal expertise and education about the law.
What Is the Process of Appeal a Personal Injury Case in Colorado?
You want an experienced Boulder personal injury lawyer to handle the appeal. The appeals process must be followed precisely. A procedural error could result in your appeal being dismissed.
The steps in an appeal include:
- Most district civil cases have a 49-day deadline to file a notice of appeal from the filing date of the court’s judgment, decree, or order.
- The appellant (the person filing the appeal) must file a transcript designation within a week of filing the appeal.
- The record on appeal must be transmitted to the appellate court within 63 days of filing the notice of appeal.
- Within the next 42 days, you file an opening brief. The other party files an answer brief, and you file a reply brief.
- You may file a request for oral argument, but the court can deny the request and consider the appeal on the written briefs.
- The court issues an order after considering the matter.
As discussed above, you can request that the Colorado Supreme Court review the case, but the court will decide whether to do so.
Set Up a Free Case Review With a Trusted Boulder Personal Injury Attorney
If you have questions about a personal injury case in Colorado, contact Tenge Law Firm at (720) 897-3410 for a free consultation with a Boulder personal injury lawyer. We’ll review your legal options and discuss how we can help you seek the compensation you need and deserve after an accident or injury.
