Appeal

How is an Appeal Used in Personal Injury Law?

Appeals are used in personal injury law if the case goes to trial and one side deems the verdict unfair or inadequate. Appeals require certain steps in order to be processed properly. Those steps may vary from state to state, but appeals in most states can include:

• Parties submitting a written brief.
• A framework of case elements the court should consider.
• Legal arguments for their case.
• Oral arguments (allowed in some states).

Appeals do not include a new trial and witness testimony is not heard during an appeal. New evidence isn’t admitted unless there are extenuating circumstances.

Famous Cases Appeals Were Used

Stella Liebeck v. McDonald’s

While many believe that the “McDonald’s Coffee Lady”, Stella Liebeck received $2 million from the McDonald’s corporation, the truth of the story is that a jury awarded her $200,000 in compensatory damages and $2.7 million dollars in punitive damages. However, due to punitive damage caps in New Mexico, a judge adjusted that total. In doing so, both the defendant and the plaintiff appealed the decision.

While the case ultimately settled out of court for an undisclosed amount, the fact that both parties appealed showed that they both found the final decision unfair or inadequate.

When is an Appeal Used in the Legal Process?

Appeals are only made after the final decision of the court has been made. When the appellate court reviews the details of the case, they go through court transcripts, evidence, and motions made in the original trial.

Is “Appeal” Used in Kentucky Personal Injury Law?

Yes! Kentucky has its own rules of appellate procedure. The Notice of Appeal in Kentucky appellate courts should include:

• Trial name (Jane Doe v. Corporation)
• Date of judgement, order or part thereof appealed from
• Certification that all parties involved have received copies of the notice of appeal
• Copy of the judgement or order being appealed
• The name of the court to which the appeal is being made
• List of all parties involved

Kentucky appellate courts do allow for oral arguments in appeals.

Is “Appeal” Used in Tennessee Personal Injury Law?

Yes! Tennessee appellate courts have a set of rules for their own appeals. For example, appeals for personal injury cases in Tennessee must be filed within 30 days of the judgement. Additionally, Tennessee allows for oral arguments in appeals, and decisions are made based on written arguments, court documents and oral arguments.

How Does Hughes & Coleman Injury Lawyers Use “Appeal”?

The experienced personal injury attorneys at Hughes & Coleman are dedicated to getting you the compensation you deserve. Should your case go to trial, and the outcome is unfavorable, we will have an honest discussion with you. We will explain all your options as soon as possible, so you can make the right decision for you and your family. If you choose to move forward with an appeal, and we see it’s in your best interest, we will submit the Notice of Appeal, and ensure that the proper steps are taken to make the appeals process as smooth as possible for you.

How Does Hughes & Coleman Injury Lawyers Use “Discovery”?

Should your case go to trial, the personal injury attorneys at Hughes & Coleman will gather evidence and assess the evidence of the other side. Should we feel as though any evidence or witness statements need more clarification, we will submit requests for additional documents that may be relevant to your case, additional depositions, or interrogatories.

In addition to requesting elements for discovery, we will also supply items in any discovery requests the defendant’s legal team makes. Should you need to go in for a deposition, your personal injury lawyer will join you to ensure your rights are protected throughout the deposition process.

Lee Coleman

ATTORNEY, MANAGING PARTNER, & CO-FOUNDER

Mr. Coleman is now the Managing Partner and majority owner of Hughes and Coleman Injury Lawyers, a firm he co-founded in 1985 with J. Marshall Hughes. The firm has grown for over 40 years, and we currently have over 30 attorneys and multiple offices across Kentucky and Tennessee, as well as an affiliate firm in Albuquerque, New Mexico.

Mr. Coleman’s efforts and accomplishments have been widely recognized, including being named as a Kentucky Super Lawyer in Personal Injury since 2012, and being awarded an AV Rating, the highest rating given, by the nation’s preeminent Attorney Rating service, Martindale- Hubbell®.

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