Sometimes individuals might file a personal injury claim, but find that they have received an unfair or unjust outcome. In that instance, an individual can try appealing their case. Appealing an Aurora car accident case is not easy to do alone which is why it is important to consult a qualified car accident lawyer. Your attorney can examine the facts of your case, see what went wrong with the initial trial, and can then file a notice of appeal, in order to appeal your case. If you wish to appeal the ruling of your car accident case, consult an attorney that can advocate for you.
How to Appeal a Case
To appeal a case, a person has to have some evidentiary ruling or an issue of law that they think was not decided correctly. For example, if someone goes to trial and they do not find any technicalities of evidence or anything at trial to appeal but there is still a verdict given to the defendant, that is not usually an appealable issue. It is unfortunate but if there is nothing that is appealable then that would be the end of that particular case.
It does happen quite a bit but if there is some evidentiary component and if there is, say, a motion for summary judgment that gets decided against the plaintiff and the plaintiff’s attorney thinks that that was an incorrect ruling by the judge, a person can then file a notice of appeal, which preserves the record for the appeal and notifies the court that rendered the ruling and the defense that they are appealing the case.
Impact of Winning an Appeal on Damages
When appealing an Aurora car accident case, the effect that winning the appeal could have on the damages recovered varies depending on the type of case. If the appeal is successful and they were appealing, say, a motion for summary judgment where the damages were determined to be zero because the case was dismissed, then the amount of damages they are going to receive is a lot more than where they were in the beginning.
But if, say, they get a verdict for $10,000 and, for some reason, a plaintiff just states that that was not enough then, unfortunately, that is not an appealable issue. Generally, due to the costs of an appeal, the damages are going to be smaller if they do appeal because the costs will go up and the amount of time that it takes to get through the appeals process is quite lengthy.
How an Aurora Car Accident Attorney Can Help
If you are considering appealing an Aurora car accident case, the first thing you should do is retain the services of a skilled car accident lawyer. The reason for this is that the briefing schedules and everything involved in the appeals process can be very technical and specific. An experienced attorney may know what font size the briefs need to be, and how to format the briefs. You deserve a chance at a fair outcome and a local car accident lawyer can attempt to get you that second chance. Contact an attorney today and know that you are in capable hands.