Can Personal Injury Cases Be Retried And If So For What Reasons?
Most personal injury cases settle out of court, but there are definitely those that end up going to trial. When these cases do go to trial, litigants aren’t always happy with the outcome. For that matter, defendants aren’t always happy with the outcome either. Appeals can be filed, but they are certainly expensive. Mistrials can occur, too, and retrials can happen as well.
Let’s say that a plaintiff sues, is offered a settlement but goes to trial. Let’s say that the plaintiff is awarded a substantial amount upon a verdict being rendered, but the defendant files an appeal. This is not common, but it does happen. Let’s take the situation a step further and say the appellate court overturns the verdict, meaning a settlement is no longer due to the plaintiff.
In that case, there can be a retrial; however, let’s look at another reason why there most likely wouldn’t be one. Not only do most personal injury cases never make it to trial, but both parties face the possibility of losing more if an appeal is pursued by the defendant. What does that mean? It means that even if the litigant wishes to pursue an appeal, a smaller settlement is usually offered instead. This would stop the appeals process, close the case and of course prevent a possible retrial post appeal.
If a mistrial were to occur, a retrial would be necessary of course, yet it could be by that time that both parties reach a settlement, out of frustration if nothing else. Mistrials are also rare, and again, it is rare for a personal injury case to be taken to trial in the first place. If your case does go to trial, you don’t want Mr. Flashy Pants who makes a living from procuring settlements for his clients ahead of a possible trial. You want an experienced attorney who has spent quite a lot of time in the courtroom in front of a judge and jury.