Can I Appeal If I Lose My Personal Injury Case?

Can I Appeal If I Lose My Personal Injury Case?

A personal injury case arises when there is a legal dispute between a plaintiff who is suing to hold the defendant legally liable based on an alleged harm, accident, or injury caused by the defendant.¹ A personal injury lawsuit is a formally structured type of litigation with several common stages including consulting with an attorney, initiating court filings and demand letters, discovery and fact fining phase, potentially pre-trial resolution and settlement, trial, and judgment collection.² However, in the event that a party is not satisfied with a decision or judgment a party can appeal.³

The Basics Behind The Appeal Process

An appeal is an official request made by a party requesting that a higher court reviews and changes the decision of a lower court.⁴ The appeal process is different from the stages within a trial. The trial is a fact intensive process focused around presenting cases, calling witnesses, and providing extrinsic evidence such as documents, photos, or reports.⁵ Appealing a trial’s decision limits the review to a consideration of the lower court’s application of the law with typically no presentation of evidence, jury, or witnesses.⁶ Some of the common features of an appeal is the presence of more than one judge presiding over the hearing, the filing of an appellate brief that explains why the lower correct either correctly or incorrectly applied the law, and the appeals court basis for a decision is on the official record of the lower court which includes any pleadings, motions, transcripts, and judicial discussions.⁷

There are factors behind the appeal process that can makes it difficult. For instance, even though a party has the opportunity to appeal, does not mean that appeal will ripen to the point of a second court hearing. This is because the appellate process is not automatic, but requires filing of a notice of appeal which can be followed by a motion to dismiss appeal.⁸ However, regardless of the obstacles or limitations imposed by the appeals process (i.e. the reviews contingency on there to have been an error in the application of the law) it is an available avenue for party’s who wish to seek a second chance at having their legal position considered.

Contact an Experienced St. Louis Personal Injury Attorney for a Free Consultation

If you have been harmed by another person or entity and seek compensation for your losses, it is important to discuss the circumstances of your injury with an experienced personal injury attorney who can help to protect your legal rights and interests. To contact a personal injury attorney for a free consultation please feel free to call the The Bruning Law Firm trial attorneys at 314-735-8100.

Resources:

1. http://injury.findlaw.com/accident-injury-law/personal-injury-law-the-basics.html
2. http://injury.findlaw.com/accident-injury-law/stages-of-a-personal-injury-case.html
3. http://www.nolo.com/legal-encyclopedia/appeals-writ-habeas-corpus-faq-29096.html
4. http://litigation.findlaw.com/filing-a-lawsuit/appealing-a-court-decision-or-judgment.html
5. http://www.injuryclaimcoach.com/court-of-appeals-process.html