TL;DR
Appeals in wrongful death cases allow the losing party to request a higher court review the trial court’s decision for legal errors. The appellant must file a notice of appeal within strict deadlines (typically 30 days), submit written briefs arguing specific legal mistakes, and wait for appellate judges to review the record without new evidence or witnesses. The appellate court can affirm the original verdict, reverse it, modify the judgment, or send the case back for a new trial. Success rates remain relatively low because appellate courts defer to trial court findings unless clear legal errors occurred.
Wrongful death verdicts represent some of the most emotionally charged outcomes in civil litigation, often involving substantial financial awards or devastating denials of compensation. According to the National Center for State Courts, approximately 10-20% of civil trial verdicts face appeals, with wrongful death cases appearing more frequently in appellate courts due to their high stakes and complex legal questions. These cases involve intricate questions about liability, damages, and procedural fairness that can justify appellate review.
The appeals process in wrongful death litigation differs significantly from the original trial. Unlike the first proceeding where witnesses testified and evidence was presented to a jury, appeals focus exclusively on whether the trial court made legal errors serious enough to change the outcome. Understanding this distinction proves critical for families and defendants alike, as the appellate system operates under different rules, timelines, and standards than trial courts. The decision to appeal requires careful analysis of the trial record, substantial financial resources, and realistic expectations about potential outcomes.
Understanding the Legal Basis for Wrongful Death Appeals
Wrongful death appeals rest on the principle that parties deserve a fair trial free from significant legal errors. The appellate system exists to correct mistakes, ensure consistent application of laws, and provide oversight of lower courts. However, not every unfavorable verdict qualifies for successful appeal.
Grounds for Filing an Appeal
Appellate courts only consider specific types of errors that could have affected the trial’s outcome. Disagreement with the verdict alone does not constitute grounds for appeal. Valid reasons include:
Errors of Law: When the trial judge incorrectly interpreted or applied legal statutes, such as wrongly instructing the jury about the burden of proof or allowing inadmissible evidence that prejudiced the outcome.
Procedural Violations: Significant departures from established court procedures, including denial of proper discovery, improper jury selection processes, or failure to allow critical testimony.
Insufficient Evidence: Cases where no reasonable jury could have reached the verdict based on the evidence presented, though this standard remains difficult to meet.
Excessive or Inadequate Damages: When damage awards fall so far outside reasonable ranges that they suggest jury bias, passion, or misunderstanding of the law.
Judicial Misconduct: Instances where the judge demonstrated clear bias, made prejudicial comments, or failed to maintain courtroom neutrality.
What Cannot Be Appealed
Many disappointed parties misunderstand appellate limitations. Courts will not reconsider factual disputes that the jury already resolved. If witnesses contradicted each other and the jury believed one over another, appellate courts defer to that credibility determination. Similarly, strategic decisions by attorneys during trial, such as which witnesses to call or how to cross-examine, generally cannot form the basis of an appeal unless they rise to the level of ineffective assistance, a standard rarely met in civil cases.
Appellate courts also refuse to consider new evidence that was available during trial but not presented. The appeals process reviews what happened at trial, not what could have happened with different preparation or strategy.
The Timeline and Procedural Requirements
Strict deadlines govern wrongful death appeals, and missing these cutoffs typically results in permanent loss of appellate rights. The procedural requirements demand precision and legal expertise.
Notice of Appeal Deadlines
Most jurisdictions require filing a notice of appeal within 30 days of the final judgment, though some states allow 60 days. This deadline is jurisdictional, meaning courts lack authority to extend it except in extraordinary circumstances. The clock starts when the court enters the final judgment, not when parties receive notification or when the judge announces the verdict in court.
In wrongful death cases involving multiple parties or claims, determining when the judgment becomes “final” can prove complex. If the court reserves ruling on attorney’s fees or costs, the judgment may not be final until those issues resolve. Parties must monitor the docket carefully and consult with appellate counsel immediately after an unfavorable verdict.
Preparing the Record on Appeal
The appellant bears responsibility for ensuring the appellate court receives a complete record of the trial proceedings. This includes:
Trial Transcripts: Court reporters must transcribe all relevant testimony, which can span hundreds or thousands of pages in complex wrongful death trials. Transcript preparation costs several dollars per page, making this one of the most expensive aspects of appeals.
Exhibits: All physical evidence, documents, photographs, and demonstrative aids admitted during trial must be compiled and transmitted to the appellate court.
Pleadings and Motions: The complete history of written filings, including the complaint, answer, motions for summary judgment, and pre-trial orders.
Jury Instructions: The exact instructions given to jurors, which often become central to legal error arguments.
Assembling this record typically takes 60-90 days, during which the appeal cannot proceed. Parties can request expedited preparation in time-sensitive cases, though this increases costs substantially.
Briefing Schedule
After the record is complete, the appellant files an opening brief arguing why the trial court committed reversible error. These briefs follow strict formatting rules regarding length (often 30-50 pages), citation format, and content organization. The brief must:
Identify specific errors with pinpoint citations to the trial record Explain the applicable legal standard Demonstrate how the error affected the outcome Request specific relief (reversal, new trial, modified judgment)
The appellee then files a responding brief, typically within 30 days, defending the trial court’s decisions and arguing that any errors were harmless. The appellant may file a reply brief addressing new arguments raised in the response.
This briefing process usually spans 4-6 months from the notice of appeal, though complex cases with multiple parties can take longer.
How Appellate Courts Review Wrongful Death Cases
Understanding the appellate review process helps set realistic expectations about potential outcomes. Appellate judges approach cases differently than trial courts, applying specific standards that favor upholding original verdicts.
Standards of Review
Appellate courts apply different levels of scrutiny depending on the type of issue presented:
De Novo Review: Questions of pure law receive fresh consideration without deference to the trial court. This includes interpretation of statutes, constitutional issues, and whether the judge applied the correct legal standard. For example, if a wrongful death case involves whether a particular relationship qualifies under the state’s wrongful death statute, the appellate court decides this legal question independently.
Abuse of Discretion: Trial judges make many discretionary rulings during proceedings, such as whether to admit certain evidence or grant a continuance. Appellate courts only reverse these decisions if the judge’s choice fell outside the range of reasonable options, demonstrating clear error in judgment.
Substantial Evidence: When reviewing jury verdicts and factual findings, appellate courts ask only whether substantial evidence supported the conclusion. If reasonable minds could differ based on the evidence presented, the verdict stands even if the appellate judges might have decided differently.
This deferential standard makes overturning jury verdicts particularly difficult. Appellate courts recognize that jurors observed witness demeanor, heard voice inflections, and absorbed the full context of testimony in ways that cold transcripts cannot capture.
The Role of Oral Arguments
Not all appeals include oral arguments. Many appellate courts decide cases based solely on written briefs, particularly in straightforward matters. When oral arguments occur, each side typically receives 15-30 minutes to present their position and answer judicial questions.
These sessions differ markedly from trial proceedings. Attorneys do not present evidence or tell stories. Instead, they engage in focused legal debate with judges who have already studied the briefs and record. Judges frequently interrupt with hypothetical questions, challenges to legal theories, and requests for clarification about specific record citations.
Oral arguments provide opportunities to emphasize the strongest points and address concerns raised in the opposing brief. However, research suggests they rarely change outcomes in cases where the briefs clearly established the legal positions.
Appellate Decision-Making Process
Appellate panels typically consist of three judges, though some jurisdictions use larger panels for significant cases. After reviewing briefs and hearing arguments, judges confer privately to discuss the case and vote on the outcome.
The majority opinion author drafts a written decision explaining the court’s reasoning, which other panel members review and may request changes to before publication. Dissenting judges may write separate opinions explaining their disagreement. This process typically takes 3-6 months after oral arguments, though complex cases can take longer.
Published appellate decisions become precedent that guides future cases, while unpublished decisions resolve only the immediate dispute without broader legal effect.
Possible Outcomes of Wrongful Death Appeals
Appellate courts possess several options when deciding wrongful death appeals, each carrying different implications for the parties involved.
Affirmation of the Trial Court
The most common outcome involves affirming the original verdict and judgment. Statistics from various state appellate courts suggest affirmation rates of 60-80% in civil appeals. When affirming, the appellate court concludes that any errors were harmless or that the trial court correctly applied the law.
Affirmation ends the case at that appellate level, though parties may seek further review in higher courts. For wrongful death plaintiffs who won at trial, affirmation means they can proceed with collecting the judgment. For defendants, it confirms their liability and the damage award.
Reversal and Remand
Appellate courts may reverse the trial court’s decision and send the case back for further proceedings. This outcome occurs when significant legal errors affected the trial’s fairness or outcome. Remand orders specify what the trial court must do:
New Trial: The most dramatic remedy, ordering the case retried from the beginning with proper legal standards applied. This gives both parties another opportunity to present evidence and argue their case to a new jury.
Reconsideration of Specific Issues: Sometimes appellate courts reverse only particular aspects of the judgment, such as the damage award, while upholding liability findings. The trial court then reconsiders only those specified issues.
Entry of Judgment: In rare cases, appellate courts determine that the evidence so clearly supported the non-prevailing party that they direct entry of judgment in that party’s favor without a new trial.
Remands extend litigation significantly, often adding 1-2 years before final resolution. Parties face renewed legal expenses and emotional strain from relitigating the wrongful death claim.
Modification of Judgment
Rather than ordering a complete new trial, appellate courts sometimes modify specific aspects of the judgment. This commonly occurs with damage awards that exceed or fall short of reasonable ranges based on the evidence.
For example, if a jury awarded $10 million in a wrongful death case but the evidence supported only $5 million, the appellate court might reduce the award to the supportable amount. This approach avoids the expense and delay of a new trial while correcting the specific error.
Parties can sometimes accept modified judgments or reject them in favor of a new trial, depending on the jurisdiction’s rules and the nature of the modification.
Dismissal
In appeals brought by plaintiffs challenging defense verdicts, appellate courts may dismiss the case entirely if they conclude the evidence was insufficient to support liability. This outcome is less common but ends the litigation permanently in the defendant’s favor.
Financial Considerations and Costs
Appeals require substantial financial investment beyond the original trial costs. Families and defendants must understand these expenses when deciding whether to pursue appellate review.
Direct Appeal Costs
Transcript Preparation: Court reporters charge $3-7 per page for transcripts. A week-long wrongful death trial can generate 1,000-2,000 pages, resulting in $5,000-$15,000 in transcript costs alone.
Appellate Attorney Fees: Appellate practice requires specialized skills distinct from trial advocacy. Experienced appellate attorneys charge $300-600 per hour, with total fees for a wrongful death appeal typically ranging from $25,000-$75,000 depending on case complexity.
Filing Fees: Courts charge filing fees of $200-500 for appeals, plus additional fees for motions and other filings.
Printing and Copying: Appellate briefs must be filed in multiple copies with specific formatting. Professional printing services for briefs and record excerpts can cost $1,000-3,000.
Expert Consultation: Some appeals benefit from expert analysis of trial testimony or evidence, adding $5,000-$20,000 in consulting fees.
Supersedeas Bonds
When defendants appeal after losing at trial, plaintiffs can typically begin collection efforts immediately unless the defendant posts a supersedeas bond. This bond guarantees payment if the appeal fails, protecting the plaintiff’s judgment.
Bond amounts usually equal 110-150% of the judgment to cover the award plus accruing interest. For a $2 million wrongful death verdict, the defendant must post a bond of $2.2-3 million. Bond companies charge annual premiums of 1-3% of the bond amount, plus collateral requirements.
These bonds create significant financial pressure on defendants, sometimes motivating settlement during the appeal process. Plaintiffs benefit from the security of knowing the judgment is protected regardless of the appeal’s outcome.
Cost-Benefit Analysis
Parties should conduct realistic cost-benefit analyses before appealing. Questions to consider include:
What is the likelihood of success based on the specific errors identified? Can we afford the appeal costs and potential bond requirements? What are the emotional costs of extended litigation? Would settlement negotiations offer better value than appeal?
In cases with clear legal errors and strong appellate issues, appeals make strategic sense. When appeals rest primarily on disagreement with factual findings or jury credibility determinations, the low success probability may not justify the investment.
Strategic Considerations for Plaintiffs and Defendants
The decision to appeal requires careful strategic analysis beyond identifying potential legal errors. Both plaintiffs and defendants face unique considerations in wrongful death appeals.
Plaintiff Considerations After Defense Verdicts
Families who lost at trial face the difficult decision of whether to appeal or accept the outcome. Several factors influence this choice:
Strength of Appellate Issues: Did the trial court make clear legal errors, such as excluding critical evidence or giving improper jury instructions? Or does the appeal primarily challenge the jury’s factual findings? Strong legal issues justify appeals, while factual disputes rarely succeed.
Financial Resources: Can the family afford appellate costs without guaranteed success? Some attorneys handle appeals on contingency, but many require upfront payments for costs.
Emotional Readiness: Appeals extend the grieving process and prevent closure. Families must honestly assess their emotional capacity for continued litigation.
Alternative Defendants: If the appeal challenges a directed verdict or summary judgment, success means returning to trial with another opportunity to prove the case. If it challenges a jury verdict, success likely means retrying the entire case.
Defendant Considerations After Plaintiff Verdicts
Defendants facing substantial wrongful death judgments must weigh appeal benefits against costs and risks:
Damage Award Size: Larger verdicts justify higher appeal investments. A $5 million judgment may warrant aggressive appellate efforts, while a $200,000 verdict might not justify the expense.
Insurance Coverage: Insurance companies often control appeal decisions when they provide coverage. They analyze whether appeal costs plus bond expenses exceed potential savings from reversal or reduction.
Business Reputation: Extended litigation keeps negative publicity alive. Some defendants prefer paying judgments and moving forward rather than prolonging public attention through appeals.
Settlement Leverage: Filing an appeal creates negotiating leverage. Plaintiffs facing years of additional litigation and appeal uncertainty may accept reduced settlements to obtain immediate payment.
Precedent Concerns: Defendants in industries facing multiple similar claims may appeal to prevent unfavorable precedents, even when the specific case’s economics don’t justify appeal.
Settlement During Appeals
Many wrongful death appeals settle before appellate decisions. The uncertainty of appellate outcomes motivates compromise. Plaintiffs accept less than the full judgment for immediate payment without appeal risk. Defendants pay more than they might owe if they win the appeal but less than the judgment plus bond costs and continued legal fees.
Settlement negotiations during appeals often prove more productive than pre-trial negotiations because both sides have experienced the litigation process and understand their case’s strengths and weaknesses more clearly.
The Role of Higher Court Review
Appellate court decisions are not always final. Additional layers of review exist in most jurisdictions, though access to these higher courts is more limited.
Discretionary Review in State Supreme Courts
After intermediate appellate courts decide wrongful death appeals, parties may petition state supreme courts for further review. However, supreme courts typically have discretionary jurisdiction, meaning they choose which cases to hear based on legal significance rather than hearing all requests.
Supreme courts accept cases that:
- Present important legal questions affecting many future cases
- Resolve conflicts between different appellate court decisions
- Address constitutional issues
- Involve matters of substantial public interest
The vast majority of petitions for Supreme Court review are denied. Acceptance rates vary by state but typically range from 5-15% of petitions filed. Parties must demonstrate that their case presents issues warranting the Supreme Court’s limited attention, not merely that they disagree with the appellate court’s decision.
Federal Court Appeals
Wrongful death cases based on state law claims are typically resolved in state courts. However, federal court appeals may occur when:
Federal Question Jurisdiction: The case involves federal statutes, such as wrongful death claims under the Federal Employers’ Liability Act, Jones Act (maritime workers), or civil rights statutes.
Diversity Jurisdiction: Cases between citizens of different states with amounts exceeding $75,000 can be filed in federal court, where federal appellate procedures apply.
Federal appeals follow similar processes to state appeals but proceed through U.S. Circuit Courts of Appeal, with potential U.S. Supreme Court review in extraordinary cases.
U.S. Supreme Court Review
The U.S. Supreme Court represents the final appellate level but accepts only about 1% of petitions filed. Wrongful death cases rarely present the constitutional or federal law questions that interest the Supreme Court. When they do, the Court’s decision establishes precedent binding on all lower courts nationwide.
The petition for certiorari (Supreme Court review) must demonstrate a compelling reason for the Court’s attention, such as conflicting decisions among federal circuits or important constitutional questions affecting many cases.
Conclusion
Appeals in wrongful death cases offer important protections against legal errors but require realistic expectations about success probabilities, costs, and timelines. The appellate process focuses exclusively on legal mistakes rather than reconsidering factual disputes, and appellate courts defer substantially to trial court decisions. Success rates remain modest because the system is designed to uphold jury verdicts unless significant errors occurred.
Families and defendants facing potential appeals should consult experienced appellate attorneys early to evaluate whether specific legal errors justify the substantial investment of time, money, and emotional energy that appeals demand. The decision should rest on careful analysis of the trial record, identification of clear legal errors, and honest assessment of the likelihood that an appellate court will find those errors serious enough to warrant reversal or modification.
If you are considering an appeal in a wrongful death case, seek consultation with an appellate specialist like the wrongful death attorneys at Georgia Wrongful Death Attorney P.C. who can review your trial record and provide an objective assessment of your appellate prospects. The decision to appeal should be made strategically with full understanding of the process, costs, and realistic potential outcomes. Time limitations make prompt action essential, as missing appeal deadlines permanently forfeits your right to appellate review. Contact us for free case evaluation.