Cherry Hill Nursing Home Abuse Appeals
There are different types of Cherry Hill nursing home abuse appeals, such as an interrogatory appeal. If a judge was to make a legal decision during the case that the individual or their lawyer thought was an incorrect decision based on their analysis of certain facts, an attorney can take an interrogatory appeal for the appellant division in New Jersey to review that decision.
The appellant division in New Jersey has the chance to either change, affirm, or send back the decision for the judge to reevaluate it depending on each the facts of the case. It may be beneficial for the outcome of your case to contact a distinguished nursing home abuse lawyer before pursuing a Cherry Hill nursing home abuse appeal.
Making the Decision to Appeal
Some Cherry Hill nursing home abuse appeal cases would be after the case is resolved whether it is by a verdict or whether it is by a summary judgment that a judge made. If we feel that there was abuse of discretion of some sort, a judge made a bad legal ruling that we felt impacted our case, if the judge allowed certain evidence to be presented to the jury that should have been presented, or if the defense attorney for the nursing home said things at the trial that we feel were so outside the norm that it affected the jury’s decision, these are things that we could appeal to the appellant division in New Jersey.
The New Jersey appellant division would review it and then they would make their decision about whether or not they are going to affirm the lower court’s ruling or if they are going to change the lower court’s ruling and remand the case back to the Superior Court to be retried in some instances where the trial needs to go forward again. There are different types of appeals but that is pretty much the general description.
Unless there was some mistake made with regard to how the law was applied or how evidence was not permitted to be introduced to a jury, simply not being happy with the result does not justify an appeal. There has to be an appealable issue at stake. It is not just about not being happy with the result, there has to be something that occurred at the lower level court, the Superior Court, that rose to an appealable issue.
Appealing a Claim
The benefit of appealing a nursing home abuse claim is being able to bring up a potential mistake from the judge or jury and the appellant division reviews that action. They have the ability to change that decision and send it back to be retried with the correct law being applied. The negative to it would be if the person is not just happy with the result that occurred. If the person goes to a trial and the person is not happy with the result, it does not necessarily mean that an appeal is in the person’s best interest.
Individuals would have to actually file a Cherry Hill nursing home abuse appeal with the appellant division in New Jersey. It has to be done within a certain amount of time of the decision or the trial and every case would be different but that is what has to be done. The person who wants to file the appeal is then the defendant or the respondent. After an appeal is filed, they would be considered the respondent.
Then depending on the circumstances of the case, the appellant division may ask for an oral argument, for the lawyers to come and actually argue to the court various positions. Then the appellant division would make their decision. Other times, they do not request or they do not ask for oral argument and they just make their decision based on the papers that have been provided to them.
Hiring an Attorney
If there is a Cherry Hill nursing home abuse appeal involved, that is something that is difficult if the person does not have experience in doing it. The appellant division has extremely detailed rules about filing, about the font that can be used in the papers, about what the spacing needs to be. There are so many little intricate rules that need to be followed or the appellant division will not even entertain the person’s appeal.
If a person does not hire someone who has the experience in doing that, it would be an extremely difficult task. Just on the form of how the appeal has to be filed is difficult. Then that is not even getting into the legal standards that need to be argued and applied and all of those things. A person would want an experienced appeals lawyer to do that.