Filing a personal injury claim in Vermont can be challenging enough, but when your claim is denied or results in a lower settlement than expected, the process doesn’t necessarily end there. Vermont law provides opportunities for injured parties to appeal unfavorable decisions. Successfully navigating the appeals process requires a strategic approach, a solid understanding of the legal framework, and the ability to present new or stronger evidence.
Why Personal Injury Claim Appeals Happen in Vermont
An appeal typically occurs when one party—often the injured person—believes that a legal error, procedural mistake, or factual oversight affected the outcome of their case. In Vermont, appeals are not about starting over from scratch; instead, they focus on reviewing whether the trial court or insurance decision followed the law correctly and fairly.
Common reasons for appealing include:
- Improper exclusion or inclusion of evidence
- Misinterpretation of Vermont personal injury law
- Jury misconduct or bias during trial
- Errors in calculating damages or awarding compensation
- Procedural violations during litigation
Statistics from state court reports show that appeals are relatively rare compared to initial filings, but when they occur, they often involve disputes over liability findings or damage amounts.
The Vermont Appeals Process for Personal Injury Cases
The appeals process in Vermont can be complex and time-sensitive. Once a final judgment or order is entered, the clock starts ticking.
Filing the Notice of Appeal
A party generally has 30 days from the date of the final judgment to file a Notice of Appeal with the Vermont Supreme Court. Missing this deadline almost always means losing the right to appeal.
Review by the Vermont Supreme Court
Unlike trial courts, the Vermont Supreme Court does not hear new witness testimony or accept fresh evidence. Instead, it examines the record from the lower court to determine whether legal mistakes occurred that significantly impacted the outcome.
Written Briefs and Oral Arguments
Both sides submit written briefs outlining their legal arguments. In some cases, the court may also schedule oral arguments, where attorneys present their positions and answer the justices’ questions.
Appealing Insurance Claim Denials in Vermont
Not all appeals happen in the courtroom. Many begin with an insurance company denying or underpaying a claim. Vermont’s insurance laws require companies to act in good faith when handling personal injury claims, but disputes still arise.
Internal Insurance Appeals
If your claim was denied, you can request a review by a higher-level claims adjuster or the insurer’s appeals department. This is often the fastest and least costly step.
Third-Party Review or Litigation
If the internal process fails, you can escalate the matter by filing a lawsuit in Vermont’s civil courts. If the trial verdict is unfavorable, the same appellate process applies.
Strategies to Strengthen a Vermont Personal Injury Appeal
Appealing a case is about persuasion, not simply disagreement. Success often depends on showing how the lower court’s decision was legally flawed.
Key strategies include:
- Identifying Legal Errors: Pinpoint exactly where the trial court misapplied Vermont law or allowed improper procedures.
- Highlighting Precedent: Use prior Vermont Supreme Court decisions to show consistency in legal interpretation.
- Strengthening the Record: Ensure the appellate court has a complete and accurate trial record, including all exhibits and transcripts.
- Hiring an Experienced Appellate Attorney: Appeals require different skills than trials, focusing heavily on research, written advocacy, and legal reasoning.
Deadlines and Procedural Rules in Vermont Appeals
Deadlines are one of the most important aspects of an appeal. In addition to the 30-day notice deadline:
- Briefs Deadlines: Once the appeal is accepted, the appellant (person appealing) has a set number of days to file their brief—usually around 40 days.
- Reply Briefs: The responding party then has about 30 days to reply.
- Extensions: Extensions are possible, but must be requested before deadlines expire.
Failure to meet procedural requirements can result in dismissal, regardless of the merits of the case.
Common Pitfalls in Appealing Personal Injury Claims
Even strong cases can fail on appeal if procedural mistakes occur. Common pitfalls include:
- Missing filing deadlines
- Introducing arguments not raised in the original trial
- Failing to preserve objections during the trial phase
- Submitting briefs without adequate legal support
The Role of Evidence in Vermont Appeals
A major difference between trials and appeals is the handling of evidence. In an appeal, no new witnesses or physical evidence can be introduced. Instead, the appellate court relies solely on the trial court’s record. This makes it essential for trial attorneys to preserve objections and ensure all relevant evidence is properly admitted during the initial case.
When to Consider Settling During the Appeal Process
An appeal can extend a personal injury case by months or even years. In some situations, both parties may agree to settle while the appeal is pending to avoid additional legal costs and uncertainty. Vermont courts encourage alternative dispute resolution methods, such as mediation, even after a judgment is issued.
Costs Associated with Appealing in Vermont
While appealing may be necessary to protect your rights, it comes with financial considerations:
- Court Filing Fees: Generally a few hundred dollars to initiate the appeal.
- Transcript Costs: Preparing official trial transcripts can be expensive, especially for lengthy cases.
- Attorney Fees: Appellate attorneys often charge differently than trial lawyers, sometimes requiring retainers or hourly billing.
Some attorneys may take appeals on a contingency basis, but this is less common than with initial personal injury claims.
Why Legal Representation Is Essential for Vermont Appeals
Appeals are highly technical. A lawyer familiar with Vermont’s appellate rules and prior case law can anticipate challenges, craft persuasive arguments, and maximize the likelihood of success. Representing yourself in an appeal significantly increases the risk of losing, even if you have a strong underlying case.
Conclusion
Appealing a personal injury claim in Vermont requires a disciplined, well-prepared approach. Whether challenging a trial verdict or disputing an insurance denial, success depends on meeting strict deadlines, building a compelling legal argument, and navigating the state’s appellate system effectively. With the right legal representation and a clear strategy, it’s possible to turn an unfavorable decision into a fair outcome.
Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away
Navigating Vermont personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.