Your personal injury case might be one of the few cases which make it all the way to trial. If it does and you end up losing your case, you might consider seeking an appeal.
Whether the appeal concerns a judge’s order or a final judgment entered by a jury, an appeals court reviews what occurred in the lower court’s proceedings for any errors of law. If the court discovers an error which contributed to the trial court’s decision, the appeals court can reverse the decision in question.
The Appeal Process
An appeal is an official request made by a party asking that a higher court review and change the decision of a lower court. Keep in mind, the appellate process starts when your attorney files a notice of appeal.
If you appeal, you become the “appellant,” while the defendant’s designation becomes the “appellee.” In most cases, a notice of appeal will be immediately followed by a “Motion to Dismiss Appeal” from the defendant’s lawyer.
If your appeal is dismissed, you may need to pay for the other party’s legal fees and court costs. On the other hand, to overcome a Motion to Dismiss Appeal, you must have sufficient evidence of a poor ruling made by a judge or jury.
The appellate court can do one of the following things with a judgment:
- Reverse the lower court’s decision
- Affirm the lower court’s decision
- Send the case back for further proceedings
With any appeal, you need to be ready for a long legal process since it is often tedious and time-consuming. In some cases, an appeal ruling will take two or three years.