After the stress of a trial, receiving an unfavorable verdict in your personal injury case can be devastating. You may feel that the judge or jury overlooked key facts, or that the entire outcome was simply unjust. This feeling often leads to a single question: "Can I appeal this?"

In Massachusetts, the answer is a qualified "yes." An appeal is a legal path, but it is a narrow and complicated one. It is not a second chance to reargue your case, nor is it a simple "do-over." An appeal is a formal request to a higher court to review the trial court's proceedings for specific, significant legal errors.

This article will explain the realities of appealing a personal injury verdict in Massachusetts. We will examine what can and cannot be appealed, the grounds required to move forward, the step-by-step process, and the potential outcomes. Such an appeal is not a process to be undertaken lightly, and it requires a deep analysis of your case and the law.

The Critical Difference: Appealing Personal Injury Verdicts vs. Settlements

One of the most common points of confusion is the difference between a verdict and a settlement. What you can appeal—and whether you can appeal at all—depends entirely on how your case was resolved.

Why You Generally Cannot Appeal a Personal Injury Settlement

A personal injury settlement is a voluntary agreement. It is a contract between you (the plaintiff) and the defendant (and their insurer). To settle a case, you agree to accept a specified amount of money in exchange for dropping your lawsuit and releasing the defendant from all future liability for the incident.

Because you agreed to the terms, you cannot later appeal the outcome. You cannot, for example, experience "settler's remorse" six months later and claim you should have received more money. By signing the settlement and release, you have legally waived your right to any further legal action, including an appeal.

The only exceptions are exceedingly rare and do not function like a typical appeal. They would involve proving that the settlement agreement itself is invalid due to a serious legal defect like

• Fraud: You were actively tricked or deceived into signing the agreement.
• Duress: You were illegally threatened or coerced into signing.

Proving these is exceptionally difficult and is a different legal process from challenging a trial verdict. For nearly all cases, a settlement is final.

When Is a Personal Injury Verdict Ripe for Appeal?

An appeal is almost exclusively a tool used after a trial that results in a final judgment. A final judgment is the trial court's last word on the case. This could be:

• A jury verdict (either for you or the defendant).
• A "bench trial" decision made by a judge.
• A pre-trial order that dismisses your case entirely, such as a summary judgment granted to the defense.

You cannot appeal every little ruling a judge makes during the case. These are called "interlocutory" rulings. You must typically wait until the entire case is over and a final judgment has been entered. Once the final judgment has been entered, you have a limited time to contest the outcome.

What Are the Grounds for a Personal Injury Claim Appeal in Massachusetts?

This is the single most important part of the appeals process. You cannot appeal a case just because you are unhappy with the result. The appeals court will not listen to an argument that "the jury got it wrong" or "my damages were higher than they awarded."

An appeal is not a new trial. You do not present new evidence, and new witnesses do not testify. The appeals court only reviews what already happened at the trial court.

The only basis for an appeal is that a reversible error of law occurred during your trial. Your task is to convince a panel of appellate judges that the trial judge made a mistake that was so significant it likely changed the outcome of your case.

Distinguishing Errors of Law From Findings of Fact

The appeals court demonstrates immense respect—known as "deference"—to the trial court.

• Findings of Fact: The appeals court will not second-guess a jury's decision on facts. If a jury listened to two different stories about a car accident and believed the defendant's version, an appeals court will not change that. The jury is the "finder of fact."
• Errors of Law: The appeals court will review a judge's decisions on the law. If a judge misinterpreted a Massachusetts statute or allowed evidence that should have been banned, that is a legal error the appeals court can correct.

Common Legal Errors That May Justify an Appeal

A successful personal injury claim appeal must be built on a strong, identifiable legal mistake. Examples include:

• Improper Jury Instructions: The judge is responsible for explaining the law to the jury. If the judge gave instructions that were legally incorrect, confusing, or biased, this could be a powerful basis for appeal. For instance, if the judge gave a wrong definition of "negligence" under Massachusetts law, it could have tainted the jury's entire decision.
• Wrongful Evidentiary Rulings: The rules of evidence are complex. A judge's decision to exclude critical evidence that should have been admitted (like a key medical record or expert testimony) can be an error. Likewise, if the judge allowed the defense to present highly prejudicial and improper evidence, that could also be grounds for appeal.
• Misapplication of Massachusetts Law: The judge may have misinterpreted a specific statute. For example, if your case was dismissed based on a statute of limitations, but the judge calculated the deadline incorrectly, that is a clear legal error.
• Improper Granting of Dispositive Motions: If a judge granted summary judgment and dismissed your case, you can appeal that decision. You would contend that sufficient evidence and disputed facts warranted a jury trial in your case.
• Jury Misconduct: This is rare, but if it can be proven that a juror was biased, researched the case online, or had improper contact with one of the parties, it could lead to the verdict being thrown out.

To even raise these issues on appeal, your trial lawyer must have made a contemporaneous objection during the trial. This means they had to stand up and say, "Objection!" and state the legal reason. If they failed to do this, you may have waived your right to appeal that issue.

The Massachusetts Appeals Process: A Step-by-Step Overview

If you and your personal injury attorney have identified a strong legal error and decided to move forward, you must follow a rigid and formal process. The primary appellate court in Massachusetts for most personal injury cases is the Massachusetts Appeals Court.

The Notice of Appeal: The Clock Is Ticking

The first step is filing a Notice of Appeal (NOA). This is a simple document filed with the trial court that states your intent to appeal.

The deadline is absolute. In Massachusetts, you typically have only 30 days from the date the final judgment was entered to file your notice. Regardless of the strength of your case, you will permanently lose your right to appeal if you miss this deadline.

Assembling the Record and "Perfecting" the Appeal

After filing the notice, your attorney must "assemble the record." The record is the official collection of all documents, motions, exhibits, and transcripts from the trial court. This collection is the only information the appellate judges will use to review your case. The process includes the expensive and time-consuming task of ordering official transcripts of the entire trial from the court reporter.

The Power of the Written Brief

The core of your appeal is the written brief. This is a long, highly technical legal document, often 50 pages or more, that must be formatted according to precise rules.

This brief is your one and only chance to make your case. It must:

1. Identify the specific legal errors the trial judge made.
2. Cite Massachusetts statutes and previous appellate case law to prove why it was an error.
3. Persuade the appellate judges that this error was not harmless but actually affected the final personal injury verdict.

The other side (the appellee) then files a response brief, arguing why the trial judge was correct. Your lawyer may then file a final, shorter "reply brief."

Oral Argument at the Massachusetts Appeals Court

In some cases, the court will schedule an oral argument. This is not a new trial. It is a 10- or 15-minute session where your appellate lawyer stands before a panel of three judges. The judges, who have already read the briefs, will ask difficult and probing legal questions. The goal is to challenge the lawyers' arguments and clarify complex points of law.

Potential Outcomes After Appealing a Personal Injury Verdict

After the briefs are filed and (if applicable) oral arguments are held, the panel of judges will confer and issue a written decision. This can take many months. The possible outcomes are:

• Affirm: The appeals court finds no reversible error and agrees with the trial court. The original verdict stands. This is, statistically, the most common outcome. The party who lost at trial also loses the appeal.
• Reverse: The appeals court finds a significant error and overturns the trial court's decision. This might mean entering a judgment in your favor, though this is rare.
• Remand: This is the most common form of a "win" on appeal. The appeals court finds an error and sends the case back (remands) to the trial court for further proceedings. This usually means a new trial—either a full trial or a partial one (e.g., only on the issue of damages). The new trial will be held correctly, following the instructions of the appeals court.
• Affirm in Part / Reverse in Part: The court may agree with some of the trial court's decisions but find error in others, leading to a mixed result.

The Reality Check: Is an Appeal the Right Move for Your MA Personal Injury Case?

Before committing to an appeal, it is essential to have a frank discussion with a lawyer about the significant downsides.

• Appeals Are Difficult to Win: The appellate courts are designed to affirm trial court decisions unless there is a glaring legal error. The odds are stacked against the appellant (the person appealing) from the start.
• Appeals Are Long: The entire process, from filing the notice to getting a final decision, can easily take a year or more.
• Appeals Are Expensive: The costs for ordering trial transcripts, filing fees, and appellate attorney fees can be substantial. Appellate work is a highly specialized skill, and the legal fees reflect that. It is often handled on an hourly basis or a different fee structure than the original contingency agreement.

You must weigh the small chance of a better outcome against the definite costs in time, money, and emotional energy.

Why You Need an Experienced Personal Injury Attorney for an Appeal

Appellate law is an entirely different skill set from trial law. A great trial lawyer is a master of persuading a jury with evidence and storytelling. A great appellate personal injury lawyer is a master of legal research, writing, and rules of procedure, skilled at persuading judges with dense legal arguments.

You need an attorney who can:

1. Conduct a Cost-Benefit Analysis: An experienced lawyer can review your trial record and give you an honest opinion on whether you even have a valid, "appealable" issue.
2. Preserve the Record: The best attorneys know that a successful appeal starts during the trial by making proper, timely objections to preserve issues for later review.
3. Navigate the Rules: The rules for appeals in Massachusetts are complex and unforgiving. A single missed deadline or formatting error can get your case dismissed.

An appeal is a final, high-stakes attempt to correct a legal wrong. It requires a specialist who can navigate this difficult terrain.

Need Legal Help? Brandon J. Broderick, Attorney at Law, is One Phone Call Away

The personal injury appeals process in Massachusetts is complex, and the stakes are high. If you received an unfavorable verdict at trial and believe a significant legal error was made, you need a new set of expert eyes to review your case.

The team at Brandon J. Broderick, Attorney at Law, is committed to exploring every option for our clients. We can evaluate your case, review the trial record, and provide an honest, straightforward assessment of your legal options. Whether it's fighting for you at trial or challenging an unjust result on appeal, our focus is on getting you the justice you deserve.

Do not wait. The 30-day deadline to appeal is one of the strictest in the legal field. Contact us today for a free legal consultation.