Appealing a Norcross Car Accident Case
If you suffered injuries in a car crash, you likely have medical expenses and missed time at work. In some situations, you may be able to receive compensation for these losses through civil litigation. However, not all cases go as planned.
Whether the evidence was too sparse, or the jury did not find your witnesses convincing, sometimes you may not get the ruling you need to recover appropriately. Fortunately, in some situations, this does not have to be the end of the road. Appealing a Norcross car accident case is a possibility that you and your local car wreck attorney should discuss as a possible means to get a second chance at a more favorable judgment.
What are the At-Fault Laws in Norcross?
Because Norcross follows an at-fault system, this means that one party must prove the other one is responsible for the accident. Therefore, trials allow the plaintiff the opportunity to allege the defendant was responsible for the accident in question, and their subsequent injuries. Typically, the most common reason for appealing a motor vehicle accident claim in Norcross is because the jury found the plaintiff, rather than the defendant, responsible for the accident.
What is the Procedure to Appeal a Car Injury Claim?
If a plaintiff receives an adverse judgment, they only have a limited time to file an appeal. Per Official Code of Georgia Annotated §5-3-20, a claimant must file an appeal to the superior court within 30 days of the date of the judgment. A claimant does not need a specific format to file the form for this motion, but O.C.G.A. §5-3-21 provides a suggested one. An experienced attorney could help through the appellate process.
Another procedural issue to handle at is payment. While a court may not dismiss a car accident appeal in Norcross due to lack of payment, the claim will not be heard in the superior or state court until an individual pays all costs accrued as per O.C.G.A. §5-3-22.
Common Grounds for an Appeal
In general, legal errors are the most common reason to appeal a court’s decision in a car crash case. Some of these errors include:
- Exclusion of specific evidence that the losing party believes may have swayed the jury’s opinion
- Permitting inadmissible evidence or hearsay to be reviewed by the jury
- Improper jury instruction
- Violation of constitutional rights
- Lack of convincing evidence to support a guilty verdict
Appealing an auto collision case in Norcross is highly technical and involves legally complex arguments. Therefore, any person considering filing such a petition should consult with their attorney before doing so.
Consult with a Norcross Attorney about Appealing a Car Crash Claim
Receiving a disappointing judgment can be frustrating. If you have received an adverse judgment and are considering filing an appeal, you only have a short time to do so and should talk to an attorney right away. For help appealing a Norcross car accident case, call today.