Appealing a Tucker Car Accident Case
When a plaintiff loses their case in the trial court, they may have the option to appeal the judge’s decision with the Georgia Court of Appeals. An appeal is a request to have a higher court change or reverse the decision of the judge or jury in a lower court.
Appeals are rule-specific and require in-depth knowledge of the legal system to ensure cases are not dismissed because of a technicality or failure to comply with court rules. It is beneficial to work with an experienced attorney when appealing a Tucker car accident case.
Why Might Someone Try to Appeal Their Car Wreck Case?
In Tucker, the appeals process is different from the stages of a trial for a car accident case. Where trials focus on the facts of a case, appeals center around the legal argument and how the trial court applied their reasoning for their decision to the law. Therefore, an appeal is not an opportunity to conduct a new trial.
In some cases, the appellate court uses a standard known as an abuse of discretion. This means that the higher court generally trusts the judgment of the lower court and may only reverse a decision where there is a legal error that may have caused the jury to make a different decision.
The appellate court does not allow new evidence or arguments but may consider the total record from the trial court proceedings, including pleadings, motions, transcripts, and judicial discussions. The party that files the appeal, or the appellant, must file a brief explaining why the lower court incorrectly applied the law and why the higher court should reverse their ruling.
What are the Grounds for an Appeal in Tucker?
When trying to reverse the decision for an auto accident case in Tucker, the appellant must establish that there was a legal error in lower-court proceedings. Some of the most common grounds for appeal in these cases may include:
- Exclusion of evidence that should have been allowed
- Improper jury instructions
- Permitting inadmissible evidence
- Prohibiting an expert witness to testify
- Jury misbehavior, such as discussing the case with outside parties
Filing Deadline to Appeal a Car Crash Lawsuit
To initiate an appeal, the requesting party must file a notice within the required time allotted by the court. Under Official Code of Georgia Annotated §5-3-20, claimants must file their request within 30 days of the date of the judgment, order, or decision from the trial court. It is important to reach out to a qualified appeals attorney in Tucker when trying to reverse a car accident case ruling because they could help someone meet the filing deadline.
What to Expect After Filing an Appeal Request in Tucker
The typical length of time for this process varies based on the complexity of the case. Therefore, the appellate process could take anywhere from six months to two years, depending on the court docket and procedural movement of the case. There may be several different results of an appeal. The Court of Appeal may either affirm the lower court’s decision, reverse the decision, or gives the case back to the trial court for a new trial based on the facts of the case.
Consult a Tucker Attorney for Helping Appealing a Car Wreck Case
Appealing a Tucker car accident case is a technical process that may involve legally complex arguments. To give your claim the best chance, consult with an experienced attorney who could evaluate the trial court procedures and then present a strong legal argument at the Court of Appeals. To get started on your case, call today.