It is sometimes disappointing to have a personal injury case lost. You may consider the ruling unfair or feel that you received less compensation than you should. Nevertheless, it is not all lost. You can appeal a decision in certain situations. That is not so much about resubmitting the case but rather examining for legal errors to have been conducted during the trial. If you believe the court made a mistake, an experienced team of personal injury lawyers in Chatsworth can help you decide if you have the right to appeal.
What Does an Appeal Mean?
An appeal is not a retrial. You cannot introduce any new evidence, nor can you call new witnesses. Alternatively, an appeal is a request to have the higher court rule on your case for the chance that legal flaws infiltrated its ruling. Your case could involve a miscarriage of justice, such as where the judge misapplies the law, gives inappropriate directions to a jury, or denies relevant evidence.
Not Every Case Qualifies for an Appeal
You can't appeal because you don't like the verdict. You must show that a legal mistake changed the outcome in your case. Common reasons for an appeal are:
The wrong law was applied in your case.
The jury was incorrectly instructed to return a verdict.
Important evidence was improperly excluded.
There was impropriety on the part of the attorney or jury for the other side.
An attorney specializing in law can review your case and help you determine if an appeal is worth the time.
The Appeals Process Takes Time
Appealing has time limits and strict rules. In most states, you have a limited amount of time to file. In California, for example, you usually have 30 days from the date of the verdict to file your appeal. If you miss this deadline, you lose your chance.
The appeals process is done by going through the case files of the original case. Your attorney will submit a written argument, a brief, on the basis that the court must overturn the decision. The other side will do the same. In some cases, lawyers make oral arguments before the appellate judges. The process can take months or years.
Costs and Risks of Filing an Appeal
Appealing is expensive. You will need to pay attorney fees, court fees, and other fees associated with a lawyer. Even in the event you lose, you may need to pay a portion of the other party's attorney fees. Before appealing, talk to an attorney about the cost and likelihood of winning. Maybe negotiating a settlement will be better sometimes.
Why the Right Lawyer Matters
Appeals are distinct from trials in terms of required skills. A trial lawyer is interested in convincing a jury with facts, while an appellate lawyer must analyze legal errors and persuade judges with strong legal arguments. Having the expertise of an experienced appellate lawyer can improve your chances of success.
The location of your lawyer is also crucial. If your case is a car accident, having a car accident attorney in Santa Monica ensures that your lawyer understands the procedures of the local courts and the state laws. The laws vary from state to state, and having a lawyer who is well-acquainted with the system makes a huge difference.
If you think your case was messed up, don't hesitate. The longer it remains, the harder it is to appeal. Get an attorney immediately to discuss your options with you. They can help you gather the documents you require, file on time, and make a good appeal.
Appealing a verdict in a personal injury claim is not simple, but it can be done if legal mistakes were made in your case. The process takes time, funds, and the appropriate legal team. If you believe that your case was unjustly decided, then you should consult an attorney who handles appeals. He or she can assist in determining if you have a possibility of winning or not and make you go through the whole process. The law does make provision for the possibility of correcting things and given proper direction, you can wage a struggle on the right.
