If you are unhappy with the verdict you received at the trial for your personal injury case, an experienced personal injury lawyer could assist you in filing an appeal. Through the Medford personal injury appeals process, you and your attorney may be able to correct errors that occurred at the trial level in your case.
Was evidence admitted during the trial that should have been excluded? Did a lawyer improperly question a witness? Was the jury given improper instructions before deliberations? These are among the various errors that can be raised on appeal, potentially turning an undesirable verdict into a positive one.
Civil Appeals Process
To file a personal injury appeal in Medford, the appropriate paperwork must be filed with the appropriate court and with the opposing party or parties to the lawsuit. In New Jersey, the appeals process begins at the Appellate Division of the Superior Court. Most appeals reach finality at this court, but occasionally it may be possible to appeal a case once more to the New Jersey Supreme Court.
Drafting an appeal requires specialized knowledge of the law and a detailed analysis of the record at the trial level. To be successful, an appellant must identify and raise in their appeal any errors that occurred at the trial level, and furthermore demonstrate that these errors led to an improper verdict.
When to Appeal A Civil Case
The primary benefit to an appeal is, of course, the opportunity for an unfavorable judgment to be reevaluated by a different court and for errors at the trial level to be subsequently reversed. This can alter the fortunes of the parties involved in the action and may lead to a more favorable verdict.
It is important to note that an appeal does not retry the case in question at the trial level, which means evidence will not be submitted, witness testimonies will not be heard, and there will not be a jury to determine the truth among the evidence. Rather, the trial process on record will be reviewed as well as the work of the trial court.
Appealing a case is not without risk, however, as it is possible the appellate court may reconsider elements of the trial that you wish to remain unchanged. In addition, as with all litigation, an appeal can take a considerable amount of time to file, argue, and reach a verdict. Depending on the circumstances, the Medford personal injury appeals process could take years to resolve.
Facing an Appeal from the Opposing Party
When facing an appeal from the opposing party, having an attorney experienced in defending personal injury appeals may be essential. Mounting a successful defense on appeal requires methodical work focused on every minute detail of the case at it occurred at the trial level.
Medford Personal Injury Appeals Attorney Could Help
Appeals are complex, highly specialized processes where small details can mean the difference between success and failure. Having the counsel of an experienced appellate lawyer could help you navigate the process of your appeal and assist you in achieving the best possible outcome. If you feel the judgment reached by the trial court in your case is unfair, speak to an attorney today to discuss the potential benefits and drawbacks of the Medford personal injury appeals process.