If you don’t agree with the outcome of your personal injury case, you might be able to file an appeal–but what is an appeal, and how does it work in Florida?
An appeal is a formal request to a higher court to review a lower court’s decision. It isn’t a new trial. Instead, it’s a legal process that focuses on correcting possible legal errors that may have affected the outcome of your case.
In some situations, filing an appeal could give you a second chance at justice.
What Does an Appeal Involve?
An appeal is not about presenting new evidence or telling your side of the story again. Instead, it asks an appellate court to review the record of the original trial. The appellate court examines whether any legal mistakes were made that unfairly impacted the result.
If the appellate judges find that a legal error occurred, they can reverse or change the trial court’s decision.
What Is the Purpose of an Appeal?
The main goal of an appeal is to correct legal (not factual) errors. Appellate courts assume the trial court’s findings of fact are correct unless a serious mistake occurred.
Appeals serve as a safeguard in the legal system. They help ensure trial judges and juries follow the law. If your rights were violated or the law was misapplied, the appeals process may be your path to a fair outcome.
Who Can File an Appeal?
Only a party that lost some or all of the trial court ruling can file an appeal. This could be the injured person (the plaintiff) or the person or entity being sued (the defendant). In Florida, you must file a notice of appeal within 30 days of the final judgment or order.
This deadline is strict, and missing it can mean losing your right to appeal.
How To File an Appeal in Florida
To appeal a personal injury case in Florida, you must follow specific steps, including:
- Filing a notice of appeal with the trial court within 30 days
- Paying the required filing fees and possibly posting a bond
- Preparing an appellate brief that outlines the legal errors
- Responding to arguments made by the other side (the appellee)
- Presenting oral arguments if the court schedules a hearing
Each appeal is unique. Some cases are resolved quickly, while others may take a year or more to complete. The appellate court will review trial records, legal motions, and the final judgment to reach a decision.
Common Legal Grounds for Appeal
Appeals must be based on legal issues, not general dissatisfaction with the result. Common legal errors that might justify an appeal include:
- The judge applied the wrong law or misunderstood the law
- The court gave improper jury instructions
- Key evidence was wrongly included or excluded
- There was not enough evidence to support the verdict
- The damages awarded were excessive or improper
These are just a few examples. Mincone Law Group can help determine if a valid legal basis exists for appeal.
What Can Happen After an Appeal?
Once your appeal is filed and reviewed, the appellate court can take several actions:
- Affirm (uphold) the trial court’s ruling
- Reverse (overturn) the decision entirely
- Modify the decision to correct legal errors
- Remand the case back to the trial court for further proceedings
The appellate court will issue a written opinion explaining the outcome. If either party disagrees with that decision, they may seek further review by a higher court, such as the Florida Supreme Court.
Are Appeals Common in Personal Injury Cases?
Most personal injury cases end in settlement or a jury verdict. Appeals are less common, but they do happen, especially in cases involving high-dollar awards or complex legal questions.
Appellate courts are not meant to second-guess jury decisions. They step in only when there’s a clear legal problem. That’s why successful appeals require a strong legal argument supported by the trial record.
Can You Appeal if You Have Already Settled?
Once you sign a settlement agreement, you give up the right to appeal. Exceptions are rare but may include cases where:
- You lost at trial and believe the ruling was legally incorrect
- The settlement was signed under fraud or extreme pressure
- The judge made legal mistakes before or during the trial
If your case ended in a final judgment rather than a settlement, an appeal may still be an option.
How Long Do You Have To File an Appeal?
In Florida, the deadline to file a notice of appeal is 30 days from the date of final judgment. Missing this deadline almost always means losing your right to appeal. Appeals are governed by strict rules.
If you think an appeal might be possible, talk to a lawyer right away to avoid missing your chance.
A Personal Injury Lawyer Can Help With an Appeal
If you think the court made a legal error in your personal injury case, an appeal could be your next step. A personal injury lawyer can help you understand your rights and evaluate whether an appeal is worth pursuing. Contact Mincone Personal Injury Lawyers at (813) 800-0810 today for a free consultation.
We proudly serve Hillsborough County and its surrounding areas:
Mincone Personal Injury Lawyers
1925 E 6th Ave Ste 10
Tampa, FL 33605
(813) 800-0810
Our firm is located near you. We have an office in Tampa
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About The Author
Attorney Matthew Mincone is the founder of Mincone Personal Injury Lawyers. He earned his law degree while attending night programs in New York and is licensed to practice in Florida. With over 15 years of legal experience, Matthew focuses on personal injury cases, including motor vehicle accidents involving cars, commercial trucks, and motorcycles. His commitment to personally handling each case ensures clients receive dedicated representation. Click here to view some of the remarkable case results that Matthew has successfully achieved.
Location: Tampa, FL
