Appeals In A Personal Injury Case: The Basics
Filing a lawsuit in a personal injury case does not ensure that you are going to get the ruling you want. In some cases, you may not have had enough evidence, a key witness may have been unable to testify, or the defense may not have allowed some of the vital evidence for your case. If you have had a good reason like one of these for losing, you may be able to appeal the court's decision. Talk with your personal injury lawyer to see if you should appeal your case. Note: Simply losing your case is not a good enough reason to appeal a ruling. There is a lot that goes into each decision, and you should not appeal unless you have a legal reason to do so.
Before you decide whether or not you are going to appeal, there are a few things that you should know.
Appeals Take Place In A Different Court
It should be known that you will not be seeing the same judge that has already heard your case. When an appeal is initiated, the case is then seen in an appeals court. This is to give people who are seeking an appeal another chance at a fair trial.
There Is Not Always A Trial
When an appeal is desired, a document is submitted to the court with a very technical report of what happened in the initial case. The document will then argue the point of the appellant (the person who files the appeal). This appeal is sometimes all that is submitted in an effort to get another try at winning one's case. While appeals in movies are usually a huge court process with witnesses and experts testifying, sometimes courts will not choose to give an appellant a trial. This should be known before you choose to appeal, so that you can make a educated choice.
There Are Different Levels of Appeals
If your case is heard in an appellate court and still does not have the result that you are desiring, you can appeal again. After an appellate court, your case could be seen by the state court in which you live, and then even a federal court or the supreme court! Everyone gets many chances to appeal their case so that justice will be served.
In conclusion, the decision of whether or not to appeal is not one to be taken lightly. An appeal could take a lot of time and money in order to get things settled. Take the time to really think about it before you make a decision. For more information, contact a personal injury lawyer.