I Lost My Personal Injury Case: What Now?
Losing a personal injury case can be very disappointing. It isn’t the end of the world, however. There are options to consider. The next step is often to appeal the court’s decision. The appeal process is difficult and can seem daunting. The same questions plague every person on the verge of appeals. Is it possible to file an appeal in your situation? How? How does the appeals system work? Will it mean another trial?
The basic scenario is simple. Sally gets injured at her neighbor’s house that caused extensive damage to her leg complete with exorbitant medical bills and rehabilitation costs. She sues the property owner bust loses despite showing evidence and proving negligence to the best of her ability.
Appeals come in when all else has failed and the evidence is strong. An appeal is unlike a trial in that the defendant and plaintiff are not present. The entire appeal is based on the documents contained in what is called a brief.
The brief contains the legal arguments that will prove the appeal is necessary. Perhaps a lawyer made a vital mistake or evidence was not presented. There can be many reasons a trial fails and must be appealed. Basically, an appeal is a complaint against one court’s decision in another court.
Appeals lawyers are often in a practice all their own and only do appeals. They are not necessarily the same lawyer that represented the original case in trial. Choosing an appeals lawyer is another consideration in the appeals process.
An appeal can end in an affirmation, a remand or a reverse. If the appeal court affirms the trial court’s decision they have decided that the original verdict will stand. If the appeals court remands the case back to the trial court, they have decided that some legal mistake was made and there should be a new trial or sometimes just part of a new trial. An appeal court can also reverse the trial court’s decision and rule in the favor of the plaintiff.