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.

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.

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.

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 (303) 665-2929 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.