Generally speaking, judges and courts to not reverse jury verdicts just because a different jury could have reached a different result. There has to be a major error that occurred that warrants you getting a another chance in your personal injury case. Assuming that you are only dissatisfied with the result of your personal injury lawsuit and not with you attorney, assuming you had one, then your primary options are to file a Motion for New Trial or appeal. While there are a couple of other motions you could file, they are limited in scope and usually would not apply when the issue is just that you think the finder of fact, either the judge or jury, got it wrong. A Motion for New Trial is basically asking the trial judge to disregard a judgment. Nebraska statutes list various reasons why a judge should order a new trial, such as "that the verdict, report, or decision is not sustained by sufficient evidence or is contrary to law." Generally, absent special circumstances, a motion for new trial must be filed ten (10) days after the judgment is rendered. The most common "recourse" if a person is unsatisfied with a judgment is an "appeal." An appeal is basically a request to a higher court that there was some significant error that occurred in your case or trial that warrants a reversal and either reaches a ruling in your favor or gives you a new trial. Generally, an appeal must be filed with thirty (30) days after the judgment is rendered. If you timely filed a Motion for New Trial, you get 30 days to appeal from the date your motion for new trial is overruled. If you are still within the time limits mentioned I would either file a motion for new trial or appeal. If you are outside these time deadlines, you may want to consult with an attorney to see if your case may fit within an exception to these deadlines. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer be
Answered on Sep 12th, 2012 at 11:55 AM