Appealing a Maryland car accident case is a complex process. Understanding the steps to a valid appeal is critical to a successful outcome. When a car accident case leads to an unfavorable result, it is understandable to want to appeal. However, not every decision or every issue is appealable. We must have valid grounds for appeal. We will discuss the valid grounds for appeal below. But understand that we cannot appeal a decision made by a jury. Instead, we may be able to appeal the evidence that led to a jury making its decision. Whether you are a victim of a Maryland car accident who did not get the justice you deserve or an attorney representing a client, gain insight into the appeals process.
We will discuss the grounds for appeals, potential challenges you can make as an accident victim, and strategic considerations to better prepare yourself for a successful appeal. The appeals process starts by filing a Notice of Appeal. There are strict deadlines that govern this notice. If you miss this deadline, you likely have waived your right to appeal. Accordingly, speaking to a Maryland car accident appeals attorney immediately is imperative. Once the attorneys exchange pleadings and the appeal is granted certiorari, the attorneys must prepare briefs. Then, there are oral arguments in front of the panel of judges. Unlike a trial, an appeal is in front of the appellate court. So, there is a panel of judges instead of just one judge.
Moreover, there is no jury. In an appeal, there are no questions of fact; there are only matters of law. As a car accident victim, you can expect not to have to testify during your appeal.
We cannot appeal the trial court’s decision because you are unhappy with the result. Appealing a Maryland car accident case requires appropriate legal standards. The four grounds for appeal that we will discuss are all mistakes of law. These are different from errors of fact that a jury may have made. If we believe that the jury made a mistake based on the evidence, while we have options for appeal, they are limited.
When a trial judge makes a mistake in applying the law or in a procedural ruling, we can appeal that. However, note that the court system has finite resources. Thus, the appellate court will not waste time with an appeal if the legal error at the trial level is insignificant to the case outcome. However, the result could have been different if the law had been misapplied and had a material impact on the case. That is when the appellate court steps in and determines whether the trial judge’s decision was in error. If it were, the appellate panel would reverse the trial judgment and potentially remand for further proceedings.
An evidentiary issue is a more zoomed-in version of a legal error. If a piece of evidence was allowed to be presented to the jury and the rules of evidence clearly state that such evidence should not have been permitted, you may have an appealable issue. On the other hand, if a critical piece of evidence was denied from the record, that is also an appealable issue. This could include expert testimony, physical evidence, or witness statements. Any piece of evidence that is deemed to be highly relevant and material to the case may be included.
Jury misconduct is difficult to prove. Typically, we will only discover that jury misconduct transpired if a juror steps forward and informs the court. Certain things, like a juror performing independent research, are challenging to find. Appealing a Maryland car accident case for jury misconduct can be done for several reasons. Those examples are outlined below.
Proving misconduct must be done after the fact. While we can report to the judge that we have suspicions, there are strict rules on speaking to jurors during a trial. Regardless of suspicions, it is best to steer clear of a juror until after the trial.
This is a challenging appeal to win. However, it is a relatively simple motion to file. If the evidence in our estimation is insufficient to support the verdict, we can file a motion for judgment notwithstanding the verdict. This is known as a JNOV. We ask the judge to overrule the jury verdict on the grounds that no reasonable jury could have reached such a verdict based on the evidence presented. If successful, the judge will have set the verdict aside and enter a judgment without a new trial. For the attorneys, a JNOV is similar to a directed verdict but is done after the trial instead of during the trial.
Appealing a Maryland car accident case is done only when there is a final judgment to appeal. You cannot appeal before a final judgment.
The trial record is critical. We cannot introduce new evidence while appealing a Maryland car accident case. Accordingly, it is crucial to become familiar with the trial record. Then, we must hone in on the appealable part of the record. It may be the jury instructions given by the judge that are suspect. Or, it could be a key piece of evidence that should never have been introduced to the jury.
Appealing a Maryland car accident case is crucial in getting the compensation you deserve. The justice system in our country is imperfect. The appeals process is built to correct mistakes made at the trial level. While the court system does not have the resources to use a jury at the appellate level to hear new evidence, it can remand the case to the trial level if there is sufficient cause. Convincing a panel of appellate judges that the trial judge made a mistake takes work. Accordingly, you need an experienced appellate Maryland car accident lawyer to assist you.
Our attorneys have been handling Maryland car accident cases since our founding in 1954. These cases are our bread and butter. We have handled thousands of these cases and recovered over $150,000,000 for our clients. We are proud of the dedication we give to our clients. Call our office today for a free consultation at (202) 331-7227.
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