Chenoweth Law Group

Personal injury cases sometimes require an appeal

In our previous blog, we discussed how victims who are injured during an accident have the right to seek compensation for their injuries. This process is handled through the civil court system. In some cases, a settlement is reached through negotiation. In other cases, a judge or jury decides how the case should be resolved. If a judge or jury decides your case, you have the right to appeal if it doesn't resolve the way you think it should.

A civil appeal is initiated to look into errors of the law, which means that if something didn't occur as it should have from a legal standpoint, the appeal will be granted. If no error of law is found, the appeal is denied. Once a case is decided by an appeals court, the ability to further appeal is very limited.

Generally, once a case has been heard by the appeals court, you can appeal to the state's supreme court or the U.S. Supreme Court. Those courts can choose which cases they will hear, so there is no guarantee that your case will be heard.

We discussed how appeals are handled in a previous blog post. If you recall, we discussed how many appeals are handled through appellate briefs, or written statements, instead of being handled with testimonies. In some cases, a brief verbal overview about the reason for the appeal might be required.

Understanding the appeals process is very important if you don't agree with the outcome of your personal injury case. Before trying to initiate an appeal, you should work to understand the legal grounds for doing so.

Source: FindLaw, "Appealing a Court Decision or Judgment," accessed June 17, 2015

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