Setareh Law
June 4, 2025
Receiving an unfavorable verdict in a wrongful death lawsuit can feel like a devastating second loss for families already coping with the tragic death of a loved one. When the court’s decision seems unjust or fails to provide adequate compensation, many wonder if they have further options. The answer is yes—both plaintiffs and defendants can typically appeal wrongful death lawsuit verdicts, though the process involves specific legal requirements, strict deadlines, and considerations about whether an appeal offers a realistic chance of success.
At Setareh Law, we understand the emotional and financial significance of wrongful death cases. Our attorneys work with families throughout California to navigate the complexities of the appeals process when trial outcomes fall short of justice. We bring substantial experience in both wrongful death litigation and appellate procedure to help evaluate and pursue viable appeals when appropriate.
Understanding the Appeals Process for Wrongful Death Cases
An appeal is not a new trial or an opportunity to present new evidence. Instead, it’s a request for a higher court to review the trial court proceedings for legal errors that may have affected the outcome. This distinction is crucial for understanding what can be accomplished through an appeal.
Grounds for Appeal
Not every unfavorable verdict justifies an appeal. Successful appeals typically require demonstrating that specific legal errors occurred during the trial. Common grounds for appealing wrongful death verdicts include:
- Errors in the judge’s interpretation or application of the law
- Improper admission or exclusion of critical evidence
- Incorrect jury instructions that misled the jury
- Insufficient evidence to support the verdict
- Juror misconduct or other procedural irregularities
- Excessive or inadequate damage awards that deviate significantly from legal standards
Appeals based solely on disagreement with how the jury weighed evidence rarely succeed. The appellate courts generally defer to the jury’s fact-finding role unless clear errors affected the process. Understanding this limitation helps set realistic expectations about the potential outcomes of an appeal.
California’s Appellate Timeline and Process
In California, the appeals process follows strict deadlines and procedural requirements. For most wrongful death cases, the notice of appeal must be filed within 60 days after service of the “Notice of Entry” of judgment or 180 days after entry of judgment if no notice was served. Missing these deadlines typically results in permanent loss of appeal rights.
Strategic Considerations Before Appealing
Before pursuing an appeal, several important factors must be carefully evaluated:
Likelihood of Success
Appeals succeed in overturning trial court decisions in only a small percentage of cases. Analyzing the trial record objectively to identify genuine legal errors—not simply unfavorable outcomes—is essential for determining whether an appeal is worth pursuing. Consulting with attorneys experienced in appellate practice can provide valuable perspective on the strength of potential appeal arguments.
Time and Cost Factors
Appeals typically take one to two years to resolve and require significant legal expenses, including costs for preparing transcripts, filing fees, and attorney time for specialized appellate work. These investments should be weighed against the realistic probability of success and the potential benefit of prevailing.
Alternative Resolution Options
In some situations, post-trial motions in the trial court may offer faster and more effective remedies than a formal appeal. Options like motions for a new trial or to alter or amend the judgment can address certain issues without the lengthy appellate process. Similarly, parties sometimes negotiate settlements during the appeals process to resolve the case with greater certainty.
How Setareh Law Can Help With Your Appeal
Navigating the appeals process requires specialized knowledge and skills distinct from trial advocacy. Our attorneys at Setareh Law can provide vital assistance by:
- Conducting a thorough review of the trial record to identify viable grounds for appeal
- Providing an honest assessment of the likelihood of success
- Preparing compelling appellate briefs that clearly articulate legal arguments
- Delivering persuasive oral arguments before the appellate court
- Exploring settlement possibilities during the appeals process when appropriate
- Advising on alternative post-judgment strategies when more suitable than an appeal
Our approach combines rigorous legal analysis with sensitivity to the emotional and financial pressures facing families pursuing wrongful death appeals. We focus on clear communication throughout this complex process, ensuring you understand your options and what to expect at each stage.
Contact a California Wrongful Death Attorney Today
If you’ve received an unfavorable verdict in a wrongful death case and are considering an appeal, timely legal consultation is essential, given the strict deadlines involved. At Setareh Law, we bring over 20 years of experience in personal injury and wrongful death litigation, including appellate practice, to help families throughout California evaluate and pursue appeals when appropriate.
Our multilingual team provides compassionate guidance during this challenging process, offering honest assessments and strategic representation focused on achieving justice for your family. Contact us today at (310) 659-1826 or through our contact form to schedule a consultation about your wrongful death appeal options.
