If you lose a personal injury case in court, you may still have another option. An appeal is a request asking a higher court to review the trial court’s decision. It is not a new trial. Instead, an appeal focuses on whether the judge made legal mistakes that affected the outcome of the case.
In South Carolina, appeals play an important role in keeping the legal system fair. If the trial court misapplied the law, misunderstood a rule, or allowed improper evidence, an appellate court can step in and correct the error. Understanding how appeals work can help you decide whether this process may help your case.
How Does an Appeal Work?
An appeal reviews how the trial was handled. It does not re-examine the facts, call new witnesses, or consider new evidence. The appellate court looks at the trial record, including transcripts, filings, exhibits, motions, and orders, to determine whether a legal error happened.
If the appellate court finds that an error occurred and that error likely changed the result, the court may reverse the decision or send the case back for a new trial. If the appellate court does not find any significant legal mistake, it will affirm the trial court’s ruling.
What Is the Purpose of an Appeal?
The goal of an appeal is to correct legal errors, not factual disagreements. The appellate court assumes the trial court determined the facts correctly unless something in the record shows a serious issue. Appeals help protect your rights by ensuring judges follow the law and apply the correct legal standards.
Who Can File an Appeal?
Only a party that lost part or all of the case can usually file an appeal. This may be the plaintiff or the defendant. In South Carolina, the party must file a notice of appeal within 30 days after the final judgment or order is entered by the trial court. Missing this deadline almost always means losing the right to appeal.
How Do You File an Appeal in South Carolina?
Filing an appeal involves several structured steps, including:
- Filing a notice of appeal with the trial court within 30 days
- Paying filing and service fees
- Ordering and preparing the trial transcripts
- Filing written briefs explaining the legal errors
- Responding to the opposing party’s brief
- Participating in oral argument if the appellate court requests it
The appellate court reviews only what is included in the official record. This record contains documents and evidence from the original trial.
What Are Common Grounds for Appeal?
Appeals must be based on legal issues, such as:
- Improper jury instructions
- Misinterpretation of South Carolina law
- Wrongful exclusion or admission of key evidence
- Legal errors in applying comparative fault rules
- Rulings that conflict with binding case law
Examples include incorrect rulings on negligence standards, errors in deciding punitive damages issues under South Carolina Code § 15-32-510, or mistakes involving modified comparative negligence rules under § 15-38-15.
What Happens After an Appeal?
After reviewing the record and written briefs, the appellate court may:
- Affirm the judgment
- Reverse the judgment
- Modify the ruling
- Send the case back for a new trial or additional proceedings
The court issues a written opinion explaining its reasoning. If a party disagrees with the result, they may attempt to appeal further to the South Carolina Supreme Court, though that court chooses which cases it will review.
Are Appeals Common in Personal Injury Cases?
Appeals are less common than settlements or trial verdicts, but they do occur.
They often arise in cases involving:
- Large verdicts
- Disputes about punitive damages
- Complex legal questions
- Arguments over evidence or jury instructions
- Issues involving fault or damage limits
Because South Carolina uses a modified comparative negligence system with a 51 percent bar, many appeals involve how fault was determined or how damages were calculated.
How Long Do I Have to Appeal a Personal Injury Case in South Carolina?
You generally have 30 days from the date of the final judgment to file a notice of appeal. This deadline is strict and cannot be extended in most situations. If your case involves wrongful death, the same 30-day appeal deadline applies.
What If I Settled My Case? Can I Still Appeal?
No. Once you sign a settlement agreement, the case is considered final. Settlements usually include a release that gives up your right to appeal or take any further legal action related to the claim.
Appeals are generally only available in these situations:
- You went to trial and received an unfavorable judgment
- The court dismissed your case
- A motion or legal ruling during the trial harmed your ability to win
If your case was resolved by settlement, the appeal process is not an option.
Contact the Charleston Personal Injury Lawyer at Ty Robinson Personal Injury & Car Accident Law Firm for Help Today
Appeals offer a way to challenge a decision when the law was applied incorrectly. While appeals do not offer a new trial, they can help correct legal mistakes and ensure that your case was handled properly.
If you are looking to appeal a personal injury case, Ty Robinson Personal Injury & Car Accident Law Firm is here to help. Our Charleston personal injury attorney will fight to protect your rights. Contact us today at (843) 278-2222 for a free consultation.