If you were in a wreck that was not your fault, you are entitled to compensation. Unfortunately, there are points in the claims process where decisions might not go your way. You may need to work with an attorney experienced in appealing a car accident case in Orlando.
Our team of car accident attorneys at Colling Gilbert Wright helps victims get the compensation they deserve. Over many years, our firm has developed unmatched expertise in all aspects of personal injury law, including appeals. In fact, we are proud that our reputation leads our colleagues at other law firms to recommend us when their loved ones or clients need representation in an injury case.
The Florida Car Accident Claims Process
Florida has a no-fault system for managing car accident claims, which means that your personal injury protection (PIP) pays your initial medical costs and lost wages, up to $10,000. If your injury-related losses exceed your coverage, you can make a claim against the at-fault driver’s insurance or file a lawsuit.
You can also step outside the no-fault system and take a claim to court if you have a serious injury, as the law defines the term. Florida Statutes § 627.737(2) says injuries that cause permanent loss of a body part or function or permanent and significant scarring qualify as serious injuries. The law also allows the family members of people who suffer fatal injuries to bring a lawsuit.
Whenever you step outside the no-fault system, you must prove another party was at fault for the wreck. This usually requires proving negligence. Attorneys at The Florida Firm in Orlando are skilled at investigating vehicle crashes to find evidence of negligence and holding the negligent parties accountable.
Appealing an Insurance Denial
When you are working with insurance companies to resolve your claim, you may experience a denial at some point. The reason for the denial should determine your response.
PIP insurers have the right to deny your claim if you do not seek medical attention within 14 days of the wreck. You have little recourse if your claim is denied for this reason. However, if your insurer is questioning the medical necessity of the treatment you received or disputing the amount of your lost income or incidental expenses, you could appeal the insurer’s decision and provide more documentation.
Claims Against the At-Fault Driver’s Liability Coverage
If you decide to bring a claim against another driver’s insurer, you must prove that the company’s insured was at fault. You should also be aware that the company may try to shift blame onto you to reduce its liability.
Working with legal counsel can reduce the likelihood that you will be saddled with an unfair portion of the responsibility for the accident. If the company denies your car accident claim or does not produce an acceptable offer, an Orlando lawyer could file a lawsuit rather than appeal.
How Do You Appeal a Trial Verdict?
If you took a case to trial and the decision went against you, you may still have legal recourse in some cases. You can appeal a verdict if you have legal grounds. There are several potential grounds for an appeal, including:
- The judge made an error of law
- Newly discovered evidence
- Misconduct by the judge, jury, or the opposing counsel
- Insufficient evidence
Our Orlando car crash attorneys can review a trial record to assess whether there are legal grounds to appeal an unfavorable verdict.
You must act quickly to preserve the right to appeal—the law requires you to file a notice of appeal within 30 days of the court’s decision. Once the notice is filed, the appeals process may extend months or even years.
The Appellate Process
An appeal is much different than a trial. Appellate courts do not hear testimony or independently examine evidence.
Both sides will prepare legal briefs explaining their position and citing legal precedents that support their arguments. Most appeals are decided based on the appellate court’s reading of these briefs and do not require the attorneys to make oral arguments.
There are several possible outcomes to an appeal. The appellate court may decide you have insufficient ground for appeal or uphold the outcome from the trial court. If the appellate court accepts your arguments that the lower court decision should not stand, it could overturn the verdict and order a new trial, modify the verdict, or send the case back to the trial court for reconsideration of specific issues the appellate court identifies.
Contact Our Orlando Attorneys About Appealing a Car Accident Verdict
If you are considering appealing a car accident case in Orlando, speak with us at The Florida Firm. We will review your situation and provide a candid assessment of your chances on appeal. We never charge for initial consultations, so contact us at no risk today.