If you have suffered a personal injury and sought legal recourse, your case may not always resolve at the trial court level. Sometimes, the opposing party might disagree with the decision of the trial court and choose to appeal it. Navigating through an appeal can be complex and daunting, but understanding what to expect can help ease some of that stress.
Firstly, it is essential to understand what an appeals court does. Unlike a trial court, which hears cases for the first time and makes decisions based on facts presented by both parties, an appeals court reviews those decisions to ensure they were legally correct. The appellate judges will not reevaluate evidence or hear new testimony; instead, they review transcripts from the original trial and legal briefs submitted by attorneys from both sides.
In case your personal injury case goes to appeals court, you should immediately get in touch with your attorney or hire one if you don’t already have one. Appeals are often more complex than trials because they involve intricate legal arguments about how laws should be interpreted or applied. Therefore, having a knowledgeable attorney who specializes in appellate law will significantly increase your chances of success.
Your attorney will prepare a written document known as a brief detailing why the lower court’s decision was either correct or incorrect based on existing laws and previous relevant cases (precedents). This brief is critical as it forms the basis for arguments during oral hearings before appellate judges.
The appellate process can take considerable time due to its complexity – sometimes even years – so patience is paramount. It’s important to remember that this delay doesn’t necessarily reflect negatively on your case; rather it demonstrates thoroughness in handling all aspects of law involved in your appeal.
It’s also worth noting that winning an appeal doesn’t automatically mean you’ll receive compensation right away. If you win at this stage, typically two things could happen: The appeals court may uphold the original verdict awarding damages (if any), resulting in immediate payment; or it could send the case back to the trial court for a new trial, which can extend the litigation process.
Finally, if you lose in appeals court, you might still have options. Depending on your jurisdiction and the specifics of your case, it may be possible to appeal to a higher appellate court or even the Supreme Court.
In conclusion, having your personal injury case go to an appeals court adds another layer of complexity to an already stressful situation. However, by understanding what happens during this process and working closely with an experienced attorney, you can navigate these legal waters more confidently. Remember that patience is key and that every twist and turn in your legal journey brings you one step closer to justice.
Munley Law Personal Injury Attorneys
227 Penn Ave, Scranton, PA 18503
15708654699
