An unfavorable verdict in a personal injury case does not always mean the fight is over. If the trial court made a legal error that affected the outcome of your case, you may have the right to appeal. Our Washington personal injury appeals attorneys at Appellate Counsel, P.C. can evaluate your case for appellate issues and take action to protect your interests.
With 84 years of combined experience, our firm is built around one area of practice: appellate law. That singular focus allows us to approach every case with the depth and precision that appellate courts demand. Contact us today at (360) 660-1077 to get started with a free consultation.
How Appellate Counsel, P.C. Handles Personal Injury Appeals in Washington State
If you come to Appellate Counsel, P.C. after an unfavorable trial outcome, the first thing we do is conduct a detailed review of the trial record. From there, we’ll determine whether viable appellate issues exist and advise you on the realistic chances of success.
If we move forward with your appeal, our award-winning Washington appellate lawyers will:
- Identify the specific legal errors that may have affected the verdict
- Research the applicable case law and appellate standards of review
- Draft a compelling opening brief for the Washington Court of Appeals
- Respond to the opposing party’s arguments in writing
- Present oral argument before the appellate panel if the court permits it
- Pursue further review before the Washington Supreme Court if warranted
Our attorneys have handled appeals at every level of the Washington court system, as well as in federal appellate courts. That breadth of experience informs everything we do. Learn more by reaching out to us for help today.
What Grounds Can Support a Personal Injury Appeal in Washington?
Not every unfavorable outcome qualifies for a successful appeal. The appellate court is not there to second-guess the jury’s factual conclusions. What it will examine is whether the trial court committed errors of law that impacted the fairness of the proceedings.
Some of the most common grounds for a personal injury appeal include:
- Jury instructions that misstated or omitted key legal principles
- Improper admission of prejudicial evidence that should have been excluded
- Exclusion of critical evidence that the jury should have been allowed to consider
- Errors in how the court applied Washington’s negligence or damages laws
- An award of damages that is so inadequate or excessive that it indicates the jury was influenced by passion or prejudice
- Abuse of discretion in pretrial rulings, such as denying a motion to compel or granting summary judgment
A compelling appellate issue does not guarantee reversal, but it does give you a legitimate shot at a different outcome. Our appellate attorneys can assess whether your case presents the kind of error that Washington’s appellate courts are likely to correct.
What Does the Washington Appellate Process Look Like?
If you decide to move forward with an appeal, the process begins with filing a notice of appeal in the trial court. From there, the case moves to the Washington Court of Appeals, which is divided into three geographic divisions based on where the trial took place.
The appellate timeline generally proceeds as follows:
- The notice of appeal is filed with the trial court
- The trial court record and transcripts are designated and compiled
- The appellant files an opening brief outlining the legal errors
- The opposing party responds with its own brief
- The appellant may file a reply brief addressing the response
- The appellate court may schedule oral argument or decide the case on the briefs alone
The entire process can take several months or longer, depending on the complexity of the issues and the court’s schedule. Having an experienced appellate lawyer in Washington guide you through each stage helps ensure that no procedural misstep undermines your case.
How Much Time Do I Have to File an Appeal in Washington?
This is where many cases are lost before they even begin. Under Washington’s Rules of Appellate Procedure (RAP 5.2), you must file your notice of appeal within 30 days after entry of the trial court decision you want reviewed. That deadline runs from the date the decision is entered, not from when you are notified of it.
This 30-day window is strictly enforced. Washington courts have repeatedly refused to extend it, even in cases involving multimillion-dollar judgments. If you believe your personal injury verdict was the result of a legal error, contact our appellate law firm as soon as possible after the decision is entered.
Get in Touch With Our Washington Personal Injury Appeals Lawyers for Help
A trial court loss does not have to be the final word on your personal injury case. Appellate Counsel, P.C. has the experience and the appellate focus to determine whether your case has grounds for review. We have spent 84 combined years doing this work, and it is all we do.
Call our Washington personal injury appeals lawyers today for a consultation, and let us take a closer look at your case.
