If either side believes there was a mistake at trial, it can file an appeal. An appeal is a request to another court, called an appeals court, to reconsider the first court’s rulings. Most people do not realize that an appeal can only be made on the basis of an error in the law. A jury’s decision, as "the judge of the facts," cannot be overturned on appeal unless the jury’s decision was somehow the result of an error of law. Appellate courts decide matters of law.

There is no jury in the appeal process. The appellate court judges are required to presume the jury’s decisions at trial were correct - as long as the record on appeal contains evidence to support the jury’s verdict. A jury’s decision can be changed by the appellate court only where there are no facts in the record to support the jury’s decision or when the judge who presided over the jury trial allowed the jury to consider facts that should not have been considered, or to incorrectly apply law that was given to the jury. Appellate court decisions are important because they form what is called the common law. The common law is the law of your state, unless a decision of the judicial branch of government is precluded or overturned by a decision of the legislative branch of government.

When the defendant files an appeal, he can post a financial bond to stop collection of the judgment. If the appeal fails, that bond will be used to pay the judgment. If you win your case, but the other side appeals, you may have to wait some time before you can collect the compensation you won.

Your lawyer will need to explain this complicated process to you and will counsel you about whether to settle on appeal, given the increased costs, fees and time associated with the complicated appeals process. All of these decisions will turn on the specific facts and law applicable to your case. An experienced personal injury lawyer will explain all of your options and help you make the right decision for you and your family.