When you take your personal injury lawsuit to trial, a jury will decide whether or not you proved your case. That jury is responsible for determining whether the defendant caused your injuries, the extent of your damages, and how much compensation you are entitled to due to the defendant’s negligence.

After considering the evidence and instructions from the judge, the jury will return a verdict—the final legal outcome that determines if the defendant is liable.

But what happens if the jury’s decision doesn’t go in your favor? In Georgia, either party can appeal a personal injury verdict, but not every appeal is successful or even eligible.

Can You Appeal a Verdict?

Yes. Both plaintiffs and defendants can appeal a jury’s verdict in a personal injury case. However, filing an appeal doesn’t mean you automatically get a new trial. Appeals are generally based on legal errors that occurred during the trial—not disagreements with the jury's decision.

Common Reasons for an Appeal

Some of the most frequent grounds for appealing a personal injury verdict include:

• Jury misconduct: This could involve jurors discussing the case with non-jurors, failing to disclose a relationship with one of the parties, or other misconduct during the trial.
• Judicial errors in law: If the judge made a mistake applying the law or incorrectly instructed the jury, it can be a basis for appeal.
• Improper exclusion or inclusion of evidence: For example, the judge wrongly suppressing evidence that should have been admitted, or allowing inadmissible testimony.
• Expert witness testimony errors: The court’s decision to admit or exclude an expert’s testimony wasn’t supported by Georgia law.
• Verdict not supported by law: In some cases, the jury’s decision does not align with the correct application of legal standards.

If any of these errors occurred in your trial, an appellate court may reverse the verdict or remand the case back to the trial court for a new trial.

Can You Appeal If You Settled Your Case?

No. Once a settlement agreement is signed by both parties, it usually includes a binding clause that prevents either party from pursuing additional claims related to the same facts.

Because settlements are mutually agreed upon, appellate courts will not intervene or allow an appeal of a finalized settlement. That’s why it’s critical to work with a personal injury attorney who can help you evaluate whether to settle or go to trial—and who can anticipate whether trial issues may lead to a possible appeal.

How to Appeal a Personal Injury Verdict in Georgia

If you decide to appeal, you’ll typically go through the Georgia Court of Appeals. Here are the key steps:

Strict Deadline:

You have just 30 days from the date of the final judgment to file your appeal.

Filing Process:

• File a notice of appeal with the trial court clerk in your county.
• Submit the appeal in the correct format, meeting all procedural rules.
• File a written brief explaining your legal argument to the appellate court and provide a copy to the other party (now the appellee).

What the Court Reviews:

The appellate court will examine:

• Briefs from both sides
• The trial transcript
• Evidence and rulings from the lower court

In some cases, the court may allow oral arguments, giving attorneys a short time to present their case to the judges.

👉 Important: Appeals do not involve re-trying your case. The appeals court only decides whether a legal error occurred during your original trial.

Possible Outcomes of an Appeal

Once the appellate court reviews the case, it may:

• Remand the case back to the trial court for a new trial
• Overturn the original verdict in favor of the appellant
• Deny the appeal and uphold the original verdict

Because of how complex and time-sensitive appeals are, working with an experienced appellate attorney is essential to preserving your rights.

Contact a Georgia Personal Injury Lawyer for Help With an Appeal

Not all personal injury cases in Georgia go to trial, but if yours does and you’re unhappy with the outcome, you have a limited window to take action. The legal team at Kunnatha Lawson LLC has extensive experience evaluating verdicts, identifying grounds for appeal, and guiding clients through the appeals process.

Call us today at 678-710-3304 to schedule a free consultation. We’ll help you explore your legal options and determine the best course of action after a personal injury verdict.