When you've been hurt by another party, whether it in a car accident or by a negligent business, you are entitled to seek justice in the form of monetary compensation. The road to obtain this compensation is not always straight and you may encounter a few roadblocks and detours along the way. When you and your personal injury attorney have put forth your best effort but you were left with a loss in court, you should realize that it may not be over for you. Read on to learn more about the legal remedy for a court loss, the appeal.
Are there grounds for an appeal?
Court cases can be complicated and drawn-out events and there are numerous opportunities for mistakes to be made. It might be one of the judge's rulings during the trial or it might be verdict itself, but when your attorney disagrees with something about the trial an appeal may be in order.
What is an appeal?
You might want to consider an appeal to review what happened at your trial to determine whether or not one or more rulings or actions that affected the course of the trial should be examined more closely. The record of the trial is on the stand, so to speak. In the case of a disagreement about a verdict, for example, your attorney may file an appeal arguing that the sum of money awarded to you was insufficient to cover your needs. If your future medical expenses were estimated to be $25,000 and you were only awarded $15,000 you can appeal the amount of the judgment.
What happens at an appeal hearing?
Appeals are quite different from the actual trial. Once an appeal hearing is granted the attorneys for both sides present oral arguments in favor of or opposing the reason for the appeal. These arguments are known as appellate briefs and presented in written and oral form to the appeals court.
The judge that sat at your original trial is not present and instead, a group of judges will hear the oral arguments. No new evidence or testimony is allowed at an appeals hearing; the appeal rests only on the record and the arguments.
Case law and historical legal decisions are referenced frequently in an appeals hearing by both sides in an effort to show how other courts ruled in similar situations. There is a more informal atmosphere at work in an appeal hearing with the judges questioning the attorneys about certain points of law. A case is not won at an appeal, it is won or lost with the original verdict and the appeal is the argument to either accept or not accept that verdict and the reasons why that should be so.
What happens next?
If the case has been overturned on appeal you will be granted the relief sought under the appeal. If not, you have fewer resources available. Unfortunately, very few cases are accepted to move up the ladder toward the final authority, which is the Supreme Court.
Speak to your personal injury lawyer to learn more about what might happen if your case doesn't go as planned.
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