Post-Trial and Appeals

What Happens After the Trial Ends

Most people think the case is over the moment the judge or jury makes their decision. But that’s not always true. In serious injury cases, there’s often more work to do after the trial.

This stage is called post-trial. It’s when the focus shifts from convincing a jury to making sure the verdict is enforced—or fighting it if something went wrong.

Even if you win, you don’t leave the courtroom with a check. The legal process is more like running a relay race than a sprint. Trial is one leg, and post-trial is another.

Why the Post-Trial Stage Matters

The post-trial phase can affect how much money the winning side actually gets, how fast they get it, and whether the verdict even stands.

A case can still change at this stage because:

• The losing side might file motions to reduce the verdict

• The winning side might need to fight to collect payment

• Appeals could delay or overturn the decision

That’s why serious injury lawyers treat this stage just as seriously as the trial itself.

Post-Trial Motions Explained

Post-trial motions are formal requests made to the judge after the verdict. They can be filed by either side, and they’re often used to:

• Ask for a new trial if major errors happened during the first one

• Reduce the amount of money awarded (called remittitur)

• Increase the amount awarded if the jury’s number seems too low (called additur in some states)

• Challenge specific parts of the verdict

For example, if a jury awarded $1 million but the judge believes that amount isn’t supported by the evidence, the judge might reduce it. On the other hand, if the damages seem too low compared to the proof, a lawyer might ask for more.

The Judgment

The judgment is the official court document that confirms who won and what they get. Without it, there’s nothing to enforce.

Judgments are important because they’re used in collection efforts. If the losing side doesn’t pay voluntarily, the judgment allows the winning side to take legal steps to collect—like

putting liens on property or garnishing wages.

Collecting the Money After a Win

Winning a trial doesn’t automatically mean you get paid.

If the losing side is covered by insurance, payment is often quicker. Insurance companies usually have a set process for paying judgments once all motions and appeals are resolved.

If the losing side is paying out of pocket, things can get tricky. A lawyer might have to:

• Locate bank accounts or property

• File liens

• Work with the sheriff to seize assets

It’s not the glamorous part of legal work, but it’s often necessary to make sure the client actually receives what they’re owed.

When the Other Side Appeals

An appeal is when the losing party asks a higher court to review the trial for legal mistakes. They’re not retrying the case from scratch. Instead, they’re arguing that the law wasn’t applied correctly or that certain rulings were unfair.

Appeals can focus on issues like:

• Evidence that should or shouldn’t have been allowed

• Jury instructions that were incorrect

• Legal procedures that weren’t followed properly

Deadlines Are Short and Strict

To file an appeal, the losing side usually has only 30 days from the date of the judgment. If they miss this window, they lose the right to appeal.

That’s why injury lawyers keep close track of deadlines. Missing just one can end the case.

How Appeals Work Step-by-Step

1. Notice of Appeal – The losing side files this with the court to start the process.

2. Record on Appeal – All trial transcripts, evidence, and court rulings are sent to the appellate court.

3. Briefs – Each side submits written arguments explaining their position.

4. Oral Argument – Sometimes the lawyers present their case in person to a panel of judges.

5. Decision – The appellate court issues a written opinion with its ruling.

Possible Results of an Appeal

• The verdict stays the same

• The verdict is reversed and the case ends

• The verdict is reversed and a new trial is ordered

• The damages are changed (either lowered or increased)

An appeal can be a second chance or a serious setback, depending on which side you’re on.

How Long Appeals Take

Appeals are slow. It’s common for them to take a year or more. Some can drag on for several years, especially if they move to higher courts after the first appeal.

During that time, the winning side usually can’t collect payment. This delay can be frustrating for clients who are counting on the money to pay medical bills or living expenses.

Settlements During Appeals

Even after a trial, cases can still settle. Sometimes the risk and cost of continuing an appeal push both sides to agree on a number.

Settling at this stage can be smart if it means getting paid sooner or avoiding the uncertainty of a new trial.

Example: The Slip-and-Fall Appeal

Imagine a woman slips on an icy sidewalk outside a store and suffers a serious injury. She wins $300,000 at trial. The store appeals, claiming the judge gave the jury bad instructions about property owner duties.

On appeal, the higher court agrees partly and orders a new trial. Before the second trial happens, the store’s insurance company offers $250,000 to settle. The woman accepts, ending the case faster and avoiding another year in court.

Civil Rights Appeals Can Change the Law

In civil rights cases, appeals can do more than help one person—they can set rules for everyone.

For example, if a case about police misconduct goes to appeal and the higher court rules in favor of the victim, that decision can force changes in police policies statewide.

Why Appeals Require Special Skills

Appeals are a different kind of legal battle. They require:

• Strong writing skills for persuasive briefs

• Deep knowledge of case law

• The ability to argue technical legal points clearly

Some lawyers focus only on appeals because it’s a unique specialty. Trial lawyers often team up with appellate lawyers to give their clients the best chance.

Post-Trial Emotions for Clients

The post-trial stage can feel like an emotional rollercoaster. Clients might feel relief after the verdict, then frustration when the other side appeals.

It’s common for clients to ask, “Why can’t I just get my money now?” A good lawyer explains the steps ahead and keeps them updated so they don’t feel left in the dark.

Protecting a Win on Appeal

When a lawyer wins at trial, their next job is to defend that win during any appeals. This means writing strong responses to the other side’s arguments and sometimes making deals to protect as much of the verdict as possible.

The Importance of Preserving Issues for Appeal

Good lawyers know to “preserve the record” during trial. This means making objections and noting errors in real time so they can be raised later in an appeal if needed.

If something goes wrong but isn’t recorded properly, the appellate court may refuse to consider it.

Costs and Financial Risks of Appeals

Appeals can be expensive. There are costs for:

• Filing fees

• Trial transcripts

• Printing briefs

• Attorney time for research and writing

Because of these costs, lawyers often weigh whether an appeal is worth the investment compared to settling.

Technology in Modern Appeals

Court systems are increasingly digital. Lawyers now file appeals online, review digital transcripts, and sometimes argue cases by video conference.

This speeds up some steps but also means lawyers need to be comfortable with tech tools to stay competitive.

When Appeals Go Beyond the First Court

If the first appeal doesn’t go as hoped, there may be another step—taking the case to the state’s highest court or even the U.S. Supreme Court.

This is rare, but it’s more common in civil rights cases or disputes involving constitutional questions.

Life After the Case Ends

When all appeals are over, the case is truly done. The judgment is final, and payment is made (if the verdict stands).

For clients, this is the point where they can finally move forward—pay bills, invest in recovery, or close that chapter of their life.

Some clients use part of their award to start foundations, support advocacy groups, or help others facing similar challenges.

FINAL THOUGHTS

Post-trial and appeals can be just as complex and stressful as the trial itself. They demand patience, precision, and a lawyer who knows how to fight on a different battlefield—the appellate court.

For clients, understanding this stage makes it easier to ride out the delays and uncertainty. Whether it’s defending a hard-won verdict or challenging an unfair result, the right legal team makes all the difference in seeing the case through to the very end.