Appealing a Wrongful Death Verdict

The unexpected death of a loved one can be a traumatic and overwhelming loss. If your hopes of getting justice end with a wrongful death verdict that is not in your family’s favor, it can feel like losing your relative all over again. If you believe an error was made during the lawsuit that affected the outcome, discuss the possibility of appealing the verdict with a wrongful death attorney in Denver.

Do You Have Grounds to Appeal a Wrongful Death Verdict?

In Colorado, the law does not allow an individual to appeal a wrongful death verdict only because he or she is unhappy with the result. Both parties – the plaintiff and defendant – must have valid legal grounds if they wish to appeal a verdict.

In general, it must be shown that the trial’s outcome or the meting out of justice was influenced by a procedural error or legal issue. Common grounds to file an appeal include:

• Issues of evidence: withheld or suppressed evidence can significantly affect the outcome of a wrongful death claim. This is a miscarriage of justice that can lead to an appeal.
• Procedural errors: a wrongful death lawsuit must follow strict laws and procedural rules to ensure fairness. If a rule was broken (e.g., incorrect jury instructions or a misapplication of the law), this could provide grounds for an appeal.
• Jury misconduct: evidence of wrongdoing by any member of the jury could lead to a mistrial being declared. Examples include improper juror behavior, fraud or bias/prejudice.

Note that a revelation such as new evidence coming to light could give an individual the right not to file an appeal, but to request a new wrongful death trial altogether. However, this process is often complex.

How to Appeal a Wrongful Death Verdict in Colorado

If you disagree with the outcome of a wrongful death case in Colorado and wish to pursue an appeal, start by consulting with an appellate attorney. A lawyer can review your case to confirm whether the required elements for an appeal exist. Then, your lawyer can help you file the appeal in compliance with all related laws and procedures.

To appeal a wrongful death verdict, your lawyer must file the appropriate motion, along with new facts or information not present during the original trial. Notice of an appeal in Colorado must be filed within 49 days of the court’s final wrongful death judgment. Once the appellate court receives your request, it will review all documents and exhibits from the original trial.

Your attorney will have the chance to present your case before the appellate court to argue why it is believed that the verdict was incorrect or unjust. You are more likely to win an appeal – meaning the appellate court will overturn the wrongful death verdict – if your lawyer presents new evidence.

How a Lawyer Can Help With a Wrongful Death Verdict Appeal

A successful appeal following a wrongful death verdict can result in the appellate court ordering a new trial or issuing an alternate verdict that is more favorable to you and your grieving family. However, the appeals process is complicated and can be lengthy. 

The best way to achieve your goals for an appeal in Colorado is by hiring an experienced personal injury attorney in Denver who handles these cases. To learn more about your legal options after an unwelcome wrongful death case outcome, schedule a free consultation with Fang Accident Lawyers today.