(845) 802-0047As reported by Medscape, more than 90 percent of medical malpractice cases are settled prior to going to trial. Both the plaintiff and the defendant may benefit from an early mutual settlement. The plaintiff typically does not have to endure additional stress and wait longer to have their case resolved, and the defendant may pay less in a settlement than through a jury verdict in the plaintiff’s favor. In fact, the average settlement in a medical malpractice case is approximately $425,000, while the average jury award is an estimated $1 million. However, when a case goes to trial and the jury delivers a verdict in favor of the defendant, you may want to consider further legal action.
If your case ended with an unfavorable result that you feel was unfair, consider appealing a Newburgh medical malpractice case. A compassionate medical malpractice attorney could examine your case, the verdict and potentially help file for an appeal to a higher court. Call today and schedule a legal consultation.
What is an Appeal?
Under New York law, if the plaintiff in a medical malpractice case is not satisfied with the verdict issued by the court or a jury, they typically have the right to file an appeal. An appeal is a formal request for the higher court to review the decision of the lower court. If the higher court finds that the lower court was unfair to the plaintiff, it generally has the power to overturn the decision.
The appeal process is often complicated. Appeals could arise based on several different factors and may require an appearance in front of a panel of appellate judges. Furthermore, appeals paperwork typically must be carefully drafted and is different than any documents and information that were used in the original trial.
To have a higher chance of a successful appeal, it is often imperative that plaintiffs maintain due diligence and utilize all resources available to them. When appealing a medical malpractice case in Newburgh, support from attorneys with experience in pursuing and arguing cases in appellate courts could be significantly instrumental.
How the Appeals Process Works
Appealing a medical malpractice case in Newburgh generally has specific deadlines that must be adhered to in order for the appeal to be reviewed by the court. As per New York Civil Practice Law & Rules §5513(a), if the plaintiff decides to appeal the decision of the lower court, a notice of appeal must be filed within 30 days after the judgment has been rendered.
Following this notice, the plaintiff is commonly given six to nine months to print the record of trial and prepare a legal argument regarding the unfairness of the decision. Once a Newburgh medical malpractice case reaches the appellate court, it may take several months for a decision to be made. From the time the jury verdict was given until the judgment is collected, this judgment amount may earn nine percent interest.
A Newburgh Attorney Could Assist with Appealing a Medical Malpractice Case
If you make the decision to not settle in a medical malpractice case but then did not receive a favorable verdict at trial, you may feel defeated and hopeless. However, depending on the details of your case and the verdict, you may be able to appeal the verdict of the lower court.
Due to the complex nature of appealing a Newburgh medical malpractice case, it is important to hire an attorney who has experience in New York’s appellate courts. A skilled medical malpractice lawyer should be well-versed in malpractice and appellate laws, and they could use this knowledge to clearly present your appeal which may increase the chances of a successful appeal.
Dedicated attorneys understand the weight of appeals and how they may impact the rest of a plaintiff’s life in many ways. Call today to schedule a consultation and possibly receive a review of your case and verdict.