Appealing a Decatur Car Accident Case
When a plaintiff or defendant loses a car accident case in the trial court, they may request an appeal, asking a higher court to review the jury’s decision. The appellant’s attorney is required to write a brief explaining why the lower decision was improper. A successful appeal could affect the damages the plaintiff receives if they are successful.
Appealing a Decatur car accident case can be challenging, but an experienced personal injury attorney can guide you through the process.
Reasons to File an Appeal
Under Georgia Code §5-3-20, an appeal is required to be filed within 30 days of the trial court decision. To start the appeals process, the appellant is required to submit a formal court brief that details the appellant’s argument for why the trial court made a legal error. A party cannot appeal a verdict because they did not receive as much money as they thought they would be awarded. There must be a legal reason to challenge the decision. Common grounds for appeal include:
- Improper jury instructions in the trial court
- Allowing inadmissible or prejudicial evidence
- Applying the wrong rule of law to the facts of the case
- Excluding evidence or critical witness that should have been permitted
The appellant is not limited to selecting one ground for appeal but may include all of the ways that the court failed to meet legal standards during the lower court proceedings.
What are the Difference Between Trials Court and Appeals Court?
An appeal is not an opportunity to conduct a new trial. Unlike the trial court, the appeals court is not focused on determining issues of fact. Instead they are focused on the legal arguments and processes used in the trial court. The appellate court does not allow new evidence or arguments but will consider the total record from the trial court proceedings, including pleadings, motions, transcripts, and judicial discussions.
To determine if the trial court decision should be overturned, the appellate court uses what is known as an abuse of discretion standard. Under this standard, the appellate court will not reverse a trial court’s ruling unless there is some clear error that was significant enough to affect the jury’s decision.
What are the Potential Outcomes of an Appeal?
The length of time for an appeal varies, and the court has a wide range of discretion in the amount of time it can take to come to a decision. After reviewing the briefs of both parties, the appeals court will review the decision of the trial court.
If the appeals court rejects the request for appeal, the parties must adhere to the decision of the trial court. The court may also uphold or reverse the trial court decision. Additionally, the court may also ask the trial court to rehear all or part of the case.
Reach out to a Decatur Car Accident Attorney for Help with Your Appeal
If you are concerned that there was a legal error in your case, contact a Decatur car accident attorney to evaluate the facts of your case and determine whether there are any appealable issues. Appealing a case is a procedurally intensive process that requires an understanding of the law. Our experienced attorneys have the could guide you in appealing a Decatur car accident case. To get started on a case, be sure to schedule a consultation today.