Legal Options After Losing at Trial
Posted Friday, February 16, 2018 by Chris Thayer
Personal injury victims who do not win at trial still have legal options. Here are a few remedies we can try to ensure you receive the compensation that you deserve, even if you do not initially succeed at trial:
File a Motion for Reconsideration or for a New Trial
You have 10 days after the court issues its decision to file a motion for reconsideration or for a new trial. This motion must explain why the court should reach a different decision. Common reasons courts will reconsider a prior decision or grant a new trial include:
- Irregularity in the proceedings (like some kind of procedural mistake) that prevented the plaintiff from having a fair trial.
- Jury misconduct.
- Newly discovered evidence that “the party could not with reasonable diligence have discovered and produced at trial.”
- Inadequate damages that suggest the jury or judge was prejudiced toward the plaintiff.
- An obvious error in how damages were assessed.
- “That there is no evidence or reasonable inference from the evidence to justify the verdict or the decision, or that it is contrary to law.”
Of course, these are not the only reasons for granting a new trial or reconsidering a prior judgment. An experienced attorney will help you present your best case for making this request.
File a Motion to Alter or Amend the Judgment
As with a motion for reconsideration or for a new trial, you have 10 days after the court issues its decision to file a motion to alter or amend the judgment. You can also include this motion with your new trial or reconsideration request. This tactic is often used in non-jury trials, like when the case is decided on a motion for summary judgment. (A summary judgment motion asserts that there are no factual disputes requiring jury input and asks the judge to apply the law to the facts and decide the case.)
An experienced attorney can help you understand when to file a particular motion and why.
File an Appeal
Another option is asking an appeals court to review the trial court’s decision. Here are a few rules to keep in mind before filing an appeal in Washington:
- You have 30 days after the court issues its decision to file a notice of appeal with the trial court.
- You can only appeal final judgments. An experienced attorney will help you determine whether the court’s decision is eligible for appeal.
- You must identify the grounds for appeal. In other words, what did the trial court get wrong?
- If the appeals court takes the case, both parties must file briefs setting forth the reasons the court should affirm or reverse the trial court’s decision.
- The court will then hear oral argument from both sides. Note that there is not a jury in an appellate proceeding.
- The appeals court will then decide whether to affirm or reverse.
You still have legal options if you lose the appeal. An experienced attorney will help you determine how to proceed.
Contact Us Today
Contact one of our personal injury attorneys today for a free consultation if you were injured by a negligent act. Our experienced attorneys will guide you through the litigation process, including what to do if you do not initially succeed at trial. You deserve to be compensated for your injuries.