Legal Question in Personal Injury in Florida

appeal of judgement for plaintiff

I was rear-ended 3 1/2 yrs ago, re-injuring neck fractures and spinal cord injury from a prior accident.that driver was cited, I am no longer able to work as an ER nurse. I got disability on the first try.we are close to going to mediation. My lawyer states State Farm will not negotiate in good faith, and he expects to go to trial.My case should be an easy slam dunk,but my husband divorced me after the 2nd accident. he couldn't take another round of pain, epidurals, etc etc. my lawyer believes the defendants will say i quit working and moved away because of the divorce. He filed for the divorce because i was quitting,and he had been busy remodeling his home on my RN salary. question= i believe my award should be substantial. How many times can state farm appeal and drag this out.?


Asked on 9/26/07, 10:57 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: appeal of judgement for plaintiff

Either side can appeal whatever happens at the trial. If there is something to appeal, the appellate court can 1) affirm (deny the appeal); 2) reverse in such a way that nothing further is realistically left to be done; 3) reverse in such a way that the case must be returned to the trial court for further action -- sometimes even a new trial.

It is possible to appeal from the appellate court, to the Supreme Court, but that is very difficult and pretty unlikely.

If the case is returned to the trial court to do something, whetever happens is subject to appeal.

While on appeal -- if the appeal is by state farm from a judgment in your favor -- the award earns interest at the rate of 9%.

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Answered on 9/27/07, 8:16 am


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