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Although appealing a car accident case is not common, it may be an option one may want to take. When you are injured in a car wreck, it is essential that you are able to recover damages for your injuries. However, sometimes a judge may make a legal error that bars you from your compensation. If this is similar to your situation, you may want to seek the services of a well-trained car crach lawyer who is experienced in appealing Oak Lawn car accident cases.
If a case is dismissed or if the verdict was not optimal, a plaintiff may not appeal a case because they do not like the outcome. The decision of a jury would not be changed unless it is against the manifest weight of evidence. In order to appeal, an individual must point to a legal decision the judge makes in the case, which entitles them to a new trial. Judges are granted wide latitude in conducting trials. A case would not be reversed unless the judge made a legal error or abused their discretion in a ruling. Most cases are decided at trial with one side winning and the other side losing. The decision of the jury is often the last word in the case.
Appealing Oak Lawn car accident cases could take years. After waiting two to three years for the case to come to trial, appeals could take just as long. It is not uncommon for an appeal to take two to three years before a decision is filed. After the initial appeal, parties have the right to appeal to the state Supreme Court or sometimes the United States Supreme Court. This layer of appeal could take another two to three years. Parties could continue settlement negotiations during an appeal and sometimes cases settle during this period.
If no one appeals a jury verdict, that decision becomes final and judgment is entered on behalf of the prevailing party. If an appeal is filed, several things could happen. First, the Court of Appeals could affirm the jury verdict. This means that the Court of Appeals finds no legal reason to disturb the verdict of the jury. In this case, the verdict becomes final and judgment is entered. The Court of Appeals may find an error in the trial and reverse and remand the case. This means the case goes back to the judge and the case proceeds to another jury trial with the legal error corrected. In rare cases, the Court of Appeals may reverse the jury verdict in its entirety and enter judgment for the side which lost at trial. A dedicated lawyer could help a person file an appeal.
A seasoned lawyer could help someone appeal their car accident case by not losing at trial. It is difficult to convince an appeals court to reverse the decision of the jury. An appeal requires a written argument using the evidence from the trial to support one’s position that the verdict was correct or should be reversed. An appeal has strict procedural guidelines which are best handled by a knowledgeable attorney. For more information about appealing Oak Lawn car accident cases, contact an accomplished lawyer today.