Appealing an injury case

In plain English: an appeal asks a higher court to review a decision made by a lower court or tribunal. It is not a second trial. The appeal court looks for legal mistakes, not for a fresh chance to tell your story.

What an appeal can actually fix

Appeal courts generally don't rehear witnesses or reweigh evidence. They accept the trial judge's or jury's findings of fact unless those findings were plainly wrong or had no evidence behind them. What they do correct are errors such as:

• Applying the wrong legal test, for example on causation or duty of care.
• Wrongly admitting or excluding important evidence.
• Misdirecting a jury on the law.
• An award of damages that is so far outside the normal range it can't be justified.
• Serious procedural unfairness.

Disappointment with the result, on its own, isn't enough.

Deadlines are short

This is where people lose the right to appeal without realising. Time usually runs from the date of the judgment or order, not from when you get around to reading it.

• US: in federal civil cases the notice of appeal is usually due within 30 days. State deadlines vary, and some are shorter. Post-trial motions can affect the timing.
• England and Wales: you normally need permission to appeal, and the appellant's notice is usually due within 21 days unless the court sets a different period.
• Canada: deadlines are set by each province's rules; in Ontario an appeal to the Court of Appeal is typically started within 30 days.

Check your local rules immediately after judgment, and speak to a lawyer the same week if you are thinking about it.

Costs and risk

Appeals cost money: transcripts, written arguments and lawyer time. In the UK and Canada, the loser usually pays a large share of the winner's legal costs, so a failed appeal can add a significant bill to an already disappointing outcome. Contingency fee lawyers in the US may not take an appeal on the same terms as the original case. Ask directly how fees work before agreeing to go ahead.

Questions to ask before appealing

1. What exactly is the legal error, and where in the judgment is it?
2. If the appeal succeeds, what happens: a new trial, a changed award or a final win?
3. What will it cost, and what do I risk paying if it fails?
4. Is there a realistic chance of settling instead while the appeal is pending?

Next: settlement vs trial · litigation · hiring a lawyer.

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