When a jury renders a verdict in a personal injury case that fails to deliver compensation to the plaintiff, it is not necessarily the end of the road. The filing party might be able to appeal the decision to a higher court for a chance to redress the perceived wrongs from the first trial. Although this does not guarantee a positive outcome, it allows the plaintiff to argue that the legal rules were not properly followed when the previous verdict was given.
A lawyer could assist you in appealing a decision after your car accident in Cicero and potentially provide a second chance at financial relief.
Whenever a case goes to trial, there will be a winner and a loser. Simply being unhappy with the result is not sufficient grounds for an appeal. In order to successfully appeal a verdict, there must be sufficient legal mistakes to justify reversing the decision of the jury. Many people misunderstand the standard required to appeal a case. The jury is in charge of deciding most issues in the case, including who should prevail; although, there are some legal choices which the judge will make. If a party believes that either the judge or the jury did not adhere to proper legal guidelines, they might be able to appeal the decision.
The amount of damages that a plaintiff receives generally does not change on appeal, as it is within the sound discretion of the jury to decide. Usually, it does not rise to a legal challenge which would justify an appeal. If a defendant appeals a local auto collision case and does not win the appeal, the plaintiff is entitled to interest on the verdict from the date the case was decided until the defendant pays the judgment.
Once a judge or jury issues a decision, a person could decide to file for an appeal in the jurisdiction known as the Court of Appeals. For most matters, this is as far as the case can be appealed. However, some legal cases involve complex issues which will allow a party to appeal to the Supreme Court.
Whether it is the United States Supreme Court or the Supreme Court of Illinois, these courts serve as the final decision-makers on appeal. The Supreme Courts are selective as to the cases that it chooses to decide. For this reason, most appeals to overturn a decision in a Cicero car accident case will end at the Court of Appeals.
There is no general timeline for appealing a case following an automobile accident. It depends on the caseload at the Court of Appeals, as well as the complexity of the issues involved. An appeal will typically take at least one year and sometimes longer. There is no specific timeframe in which the Court of Appeals must render their decision.
It is difficult to overturn a jury verdict on appeal. An appeal is a complex, time-consuming, and expensive process. While it is possible that a person could handle an appeal, it is unlikely that they will be successful without the assistance of a lawyer. The lawyer who handles the trial will also typically handle the appeal if necessary, although that is not required.
There are particular deadlines and requirements associated with an appeal. Additionally, the appealing party must make a legal argument that may be different from what was argued during the initial trial, focusing more on the prior judicial process rather than the facts of the case. An appeal is complex and is best left to an attorney to handle following a jury verdict.
Most civil cases do not advance to the appeals stage – but there might be specific situations where it is warranted. If you believe there was a miscarriage of justice that prevented you from recovering damages, you still have options. A lawyer could help you appeal a decision after a Cicero car accident and have a second chance at monetary damages. Place a call now to discuss your current circumstances.