After going through a personal injury case, many lose all hope, while others put their heads down, vowing to fight another day. Don’t be disheartened if you don’t emerge victorious from your civil court case.
There is still hope. Windows to appeal your case exists, meaning you can try again to seek justice for yourself. But what exactly does it involve? Allow us to explain.
Understanding the Appeal Process
A trial at an appellate court is another chance to contest your case again. Appellate courts do not allow plaintiffs to retry a lost case.
If you think the verdict reached by a lower court was unfair, you do not need to file your case again from scratch; the appellate court can assist you in resolving this problem. Though the legal process is cumbersome, it has been put in place to avoid the abuse of the legal processes.
Deadlines Matter
Once a party has decided to appeal, time becomes very important. Most courts have laws that state that a party has thirty calendar days to cross-appeal the case (from the date of the judgment) with a court of appeal.
If you miss the deadline to appeal your case, it can be considered closed. You can’t afford to wait around if you have been unjustly treated. Following deadlines will ensure that justice can be served.
No New Evidence Allowed
It’s crucial to note that an appeal is not a new trial. The appellant cannot add new evidence or call new witnesses. Instead, the appellate court will assess the record on file with respect to your case.
This implies that the materials, such as documents and testimonies, that were adduced before the trial court will now be the basis for the appellate judge to determine whether or not the trial judge has erred in his decision-making.
Proving Your Case
If an appellant decides to launch an appeal, then it is the burden of an appellant to prove their case. You must prove that the trial court made an error in its ruling.
This task is challenging, but if the appeal is focused on the merits of your case, then you still have a chance.
Possible Outcomes of Your Appeal
What should you expect of the appeal process if you choose to appeal? The possible outcome, in general, depends on the nature of the appeal filed and, in most cases, consists of the following:
- Dismissal: When the court dismisses an appeal, you could expect the court’s findings on the case at the lower court level to prevail. You may, however, wish to seek further appeal from higher courts – all chances of success do, however, appear very slim.
- Reversal of the Decision: A major mistake in the case could work to your advantage! Your request for reconsideration is granted, and the court will give you a positive verdict.
- Remand: In this case, the appeals court orders the case to be retried at the lower court and guides the procedures. This might allow you another opportunity to win your case.
Conclusion
You may appeal on your own; however, having professional help is always better. Appealing a case is tedious and time-consuming, but solicitors specializing in appeals are skilled in writing effective and persuasive appeals.
They will be the key to improving your chances of winning the case. In the end, challenging a court’s judgment may seem like a difficult task; even so, do not hesitate to fight against injustices.