How Appeals Work in Personal Injury Cases?

The legal process may seem overwhelming when one person is injured because of the negligence of another person. The majority of citizens anticipate that their personal injury lawsuit can conclude with a trial or settlement. Nonetheless, there are cases when one of the parties can disagree with the decision and decide to bring an appeal. Knowing how appeals in personal injury cases operate can help you know what to expect should your case go beyond the trial phase.

What Is an Appeal?

An appeal is the legal procedure wherein a losing side of a trial petition the decision of a trial court to an appellate court (which is a higher court). Notably, an appeal is not a re-trial. The court of appeal does not consider a new evidence or re-interviews. Rather, it puts emphasis on the possibility of legal mistakes that may have been made in the course of trial that influenced the result.

To illustrate, when a judge convicted the defendant based on improper evidence or improper instructions to the jury or misused the law, these facts could be considered as the reasons to appeal.

Who Can File an Appeal?

In cases of personal injuries either party can appeal:

The plaintiff (injured party): In a case where the jury awards no damages or a sum substantially less than the one which was anticipated, the plaintiff has the option of appealing.

The Defendant: When the defendant has been found guilty and thinks that the judgment against him was actually untenable, he/he can appeal as well.

Do not mistake appeals, however. The appealing party (also referred to as the appellant) has to prove that there was a legal error that is likely to have impacted on the results of the trial. It is not satisfactory that one should be dissatisfied with the decision.

The Personal Injury Cases in Appeal

Although rules differ by state and jurisdiction, the general steps of the appeals process in personal injury cases include the following:

1. Notice of Appeal

The losing party has to make a formal appeal in the form of a Notice of Appeal with a strict deadline, usually 30 days upon the judgment. The failure to meet this deadline normally terminates the right to appeal.

2. Record on Appeal

The record is reviewed by the appellate court and covers the trials transcripts, evidence presented in the trial, motions or rulings made by the case. It is based on this record to appeal.

3. Written Briefs

Litigants file legal briefs on both sides.

According to the arguments of the appellant, there were mistakes that lead to the reversal or amendment of the ruling of the trial court.

The opposing party is called the appellee, who insists that the answer to its request is that the decision of the trial court is correct.

4. Oral Arguments (in some cases)

Lawyers can also deliver brief oral submissions to the judges who are listening to appeals in most appeals and in most cases, they pose detailed legal questions.

5. Appeals Court Ruling 

Upon a review of the record and other arguments, the appellate court makes a written decision. This may consume months and even more.

Potential Results of an Appeal 

The result that can be achieved by the appellate court is various:

1. Affirm the Decision:

The ruling of the trial court is upheld and no modifications are done.

2. Appeal:

The lower court is reversed by the appellate court.

3. Remand the Case:

The case is re-sent to the trial court and further proceedings are directed to take place, usually ordered to correct the legal mistake.

4. Alter the Verdict:

The appellate court is allowed to remake the damages award in certain cases without remanding the case to the trial court.

How Long Do Appeals Take?

The resolution of appeals is normally a few months to years. The schedule would be based on issues such as case complexity, the caseload of the appellate court and simultaneously, the presence of multiple appeals.

This is a great time frame that the plaintiffs should put into consideration particularly when they are utilizing the compensation as a means of covering their medical expenses, lost wages, and other costs.

Expenses and Reflections when appealing personal injuries.

It may be costly to file appeals, and may need extra lawyers fees, court charges, and filing fees. Due to the time and financial costs associated, the appeals are normally undertaken when there are substantial legal grounds.

As a plaintiff, it is also pertinent to understand that the defendants can make appeals as a stalling strategy, which would reduce the payment of damages awarded. In order to deter frivolous appeals and to make sure that the defendant pays, courts may post a bond at times to get a defendant to do so.

When an Appeal Makes Sense

Appealing to not all personal injury cases is necessary. An appeal may make sense if:

• It had clear legal or procedural mistakes in trial.
• The size of the damages (denied) owed is far out of proportion to the evidence.
• There was misuse of key evidence.
• Instructions were given to the juries improperly or legally.

The fact that appeals center on errors in the law, rather than a dispute of fact, makes it very important that you seek the advice of an experienced personal injury compensation lawyers Perth who can not only advise you in the personal injury law, but also in the appellate procedure.

Final Thoughts

Personal injury appeals are lengthy and complicated but they have a great purpose, to make sure that justice is served whenever legal misjudgements are involved in the case. As a plaintiff or defendant, it is always helpful to know the mechanics of an appeal to guide you in making a well-informed decision about the next steps of your case.

In case you think that mistakes have been committed during your trial, or when the opposing party has filed an appeal, it is important that you engage a law firm that has experience in trial and appellate advocacy. A qualified advice is all that is needed to guard your rights and achieve the result you are entitled to.