When your accident claim is denied in court, it may seem like the end of the line. But it is important not to give up hope. When looking for an insurance dispute attorney, Virginia accident victims should look no further than Richmond law firm Burnett & Williams, whose personal injury lawyers can help you fight back against the insurance companies and stand up for your rights in court.
A strong personal injury case takes a multifaceted approach with several components. Some of the core components of a successful personal injury claim include:
- Evidence: Your personal injury attorney should support your case with extensive evidence, including documentation like official police reports and medical records, photos of the scene of the accident and your injuries, and more.
- Testimony: Testimony from any eyewitnesses and the victim themselves is often an instrumental part of a personal injury case. This testimony paints a firsthand picture of the narrative of an accident from those who were involved or saw it play out.
- Expert witnesses: Many personal injury attorneys leverage expert witnesses, such as medical experts or accident reconstruction specialists, to help add credibility to the claims presented in your case.
Unfortunately, not every case works out in the victim’s favor. Common reasons for a claim to be denied or reduced include insufficient evidence, testimony that has been dismissed by the court, and procedural errors. When a claim is denied or reduced, it can leave the victim without the compensation they need to fully recover from their injuries.
How can an attorney help you with your insurance claim litigation appeal?
So what can you do if your personal injury claim was denied or you don’t agree with the result of your trial? In many cases, you can file an appeal. However, your right to appeal in Virginia depends on a few factors, including where the case was originally filed and tried.
If your case was tried in a General District Court, you have an automatic right to appeal to the Circuit Court if your attorney files a written notice to appeal within 10 days of the judgment. The trial in Circuit Court will be de novo, meaning what happened in General District Court is not controlled by the Circuit Court judge and is altogether a second bite at the apple. So, if you’re unhappy with the district judge’s decision, then you may appeal, but it’s best to consult counsel, as there’s always the chance you won’t do any better.
If your case was heard by the Circuit Court, there is an automatic right to appeal to the Virginia Court of Appeals, but it’s a difficult process limited to legal and factual issues, and it is not de novo as in an appeal from General District Court to Circuit Court. To be heard by the Supreme Court, an attorney must petition the Court to hear an appeal, and the decision to do so is discretionary in civil cases.
That being said, it is important to note that you should not simply appeal a decision to the Court of Appeals simply because you want more money — there has to be a legal reason for your appeal. Higher courts can choose whether or not to hear an appeal, and appeals that are not backed by solid legal reasoning generally do not even get heard. Examples of legal reasoning that can justify an appeal include a constitutional violation in the legal process, a decision by the judge that is perceived to contradict the law, or a claim that the verdict is not supported by the evidence.
Additionally, if your personal injury case notes an appeal, it requires more specialized, extensive work from your lawyer. Along with the evidence they already gathered for the initial case, your attorney will probably gather additional evidence to strengthen your case and conduct extensive legal research to support your legal claims.
Because of how involved and often complicated this process can be, you’ll want to work with a personal injury attorney who has a specialty and extensive experience in appeals. (Also, generally speaking, a lawyer will charge a greater contingency fee if the case goes to appeal because of the greater level of work involved.)
What happens after an insurance coverage dispute?
But what are the potential outcomes after an appeal? For one, the higher court might decide that the lower court’s decision or verdict stands. In this case, if the appeal was heard by the Circuit Court, a further appeal can be made to the Court of Appeals as a matter of right. If the case is heard by the Virginia Supreme Court, the decision generally stands. (Although an appeal can be made to the United States Supreme Court, the US Supreme Court hears such a small percentage of cases submitted that this is unlikely, and it generally decides cases involving significant legal decisions.)
However, the ideal outcome of an appeal would be for the higher court to reverse the decision of the lower court in some form. The higher court could adjust the amount of the award, issue a new decision entirely, or send the case back to the lower court for a retrial. The outcome, of course, depends on the circumstances of each case and the evidence presented by your attorney, but the goal is to get you the compensation that you deserve, or at least preserve your chance to do so.
If you are a Virginia resident who has been involved in a car accident or other auto accident and had your insurance claim denied, contact a personal injury attorney like Burnett & Williams who has a track record of successful appeals. “Contact us today for a free consultation,” says C. James Williams III, principal at Burnett & Williams. “We will review your case and see if we are the right fit to fight for you to get the compensation you deserve.”