Appealing a Birth Injury Verdict or Settlement

When families go through a birth injury trial in Philadelphia, the results can be life-changing. But what happens if you believe the verdict was wrong or the settlement unfair? In Pennsylvania, you have a right to appeal a birth injury verdict or settlement. Understanding the appeals process and your rights is important if you want to challenge a court’s decision. Working with a Philadelphia birth injury lawyer can help you make sense of the next steps.

When Can You Appeal a Birth Injury Verdict or Settlement?

You can appeal a verdict or settlement in a birth injury case if you believe there was a legal error or something went wrong during the trial. Some common grounds for appeal include:

  • The judge made a mistake about the law.
  • Evidence was wrongly allowed or excluded.
  • Jurors acted improperly.
  • The damages awarded were too low or too high.
  • Your lawyer believes the settlement was unfair or forced.

In most cases, you must file a notice of appeal within 30 days of the court’s decision. The appeals process is not a new trial. Instead, a higher court reviews what happened and checks for mistakes that could have affected the outcome.

The Appeals Process for Birth Injury Cases in Pennsylvania

Appealing a birth injury verdict or settlement is a detailed process. Here’s what families can expect:

  • Filing a Notice of Appeal: This is the first step. You must file it within the deadline, usually 30 days after the final judgment.
  • Appellate Briefs: Both sides submit written arguments. Your birth injury attorney will explain why the verdict or settlement should be overturned.
  • Record Review: The appeals court reviews the trial record, including all evidence and transcripts.
  • Oral Argument: Sometimes, lawyers argue their case in front of a panel of judges.
  • Decision: The appeals court may affirm the verdict, change it, order a new trial, or send the case back for more proceedings.

It’s important to know that appeals are focused on legal errors, not simply disagreeing with the outcome. If you win your appeal, the court may grant a new trial or change the damages awarded.

Limits and Challenges in Appealing Birth Injury Cases

Appeals are not easy wins. The court will only reverse a verdict if there was a clear mistake that affected the result. It’s not enough to be unhappy with the outcome. Your lawyer must show there was a real error in how the law was applied or how the trial was run.

In some birth injury cases, the amount of damages may be limited by law. For example, if the claim is against a government-run hospital, Pennsylvania law caps damages at $250,000 per person and $1,000,000 total for the same incident (42 Pa.C.S. § 8528). This can affect how much money is available, even on appeal.

Also, settlements are usually final. If you agreed to settle a case, it can be very hard to undo unless you prove fraud, duress, or a major legal error.

How a Birth Injury Lawyer Can Help With Your Appeal

Appeals are technical and require a deep understanding of Pennsylvania law and the details of your case. A Philly birth injury attorney will:

  • Review the trial record for errors.
  • Draft persuasive appellate briefs.
  • Present oral arguments to appellate judges.
  • Explain your rights and options at every stage.

It’s critical to get legal help quickly. Missing the appeal deadline can mean losing your right to challenge the verdict or settlement forever. Your lawyer can also help you decide whether an appeal is worth pursuing or if other options might make more sense for your family.

What Happens After the Appeal?

If the appeals court rules in your favor, several things can happen:

  • The case may go back to trial for a new hearing.
  • The amount of damages may be increased or decreased.
  • The case could be sent back for the trial court to fix specific errors.
  • In rare cases, the appellate court may enter a new judgment.

If you lose the appeal, the original verdict or settlement stands. Sometimes, you can ask an even higher court to review your case, but this is only allowed in special situations.

FAQs About Appealing a Birth Injury Verdict or Settlement

How long do I have to appeal a birth injury verdict or settlement in Pennsylvania?
You usually have 30 days from the date of the final judgment to file a notice of appeal. It’s important not to wait, as missing this deadline can take away your right to appeal.

Can I appeal if I agreed to a settlement but now believe it was unfair?
Settlements are generally final. You can only appeal or try to undo a settlement in rare cases, such as if you can prove fraud, major legal errors, or that you were forced to agree under pressure.

What can an appeals court do in a birth injury case?
The appeals court can uphold the original verdict, order a new trial, change the amount of damages, or send the case back to the lower court to correct errors.

Will my case be retried completely if I win my appeal?
Not always. If the appeals court finds a big legal mistake, they may order a new trial. Other times, they might just send the case back to fix the error or adjust the damages. Your Philadelphia personal injury lawyer can tell you what to expect in your situation.

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