Appealing a DC Car Accident Case
Only some court cases go according to plan. The claimant may be eligible to appeal their court case in certain situations. The plaintiff can only appeal a case if a mistake of law was determined or the trial court made that. So, if the plaintiff does not like a finding of fact and determination by the jury or the judge about who is at fault, how bad the injuries were, or the value of the case, that is likely not appealable.
If there was a mistake in the law, if there was a mistake about a jury instruction, or maybe a potential juror should not have been stricken, then that can be appealed, but that would be the only way to appeal the mistake of law and not they can file error of fact. If you need help with a car accident case, please feel free to seek experienced legal help. Reach out to learn the nuances of appealing a DC car accident case.
Can An Appeal Affect The Amount Of Recoverable Damages?
An appeal would not affect the value of the amount of damages recovered. If there was a case in a plaintiff that was dismissed, for example, and the plaintiff filed no recovery at the trial court level and an appeal in the case and the dismissal was reversed. The trial court was reversed, and the case was eventually tried; the value must still be determined. It is unlikely that it would be changed at the appellate level.
However, there are some rare examples of enormous judgments, meaning the plaintiff recovered a lot of money, which has been reduced on appeal. It would likely be sent back to the trial level to get an amount that the appellate court thinks is more reasonable in that type of case.
How Often Can a Case Be Appealed?
After a trial, there is only a certain amount of time to file an appeal. The claimant would need to file the appeal once there’s a determination that a mistake was made at the trial court level. As long as the appeal is filed promptly, they would have their crack at briefly explaining why the appeal was being made, but there would only be one appeal. If the case is in certain jurisdictions, once they file an appeal and that appeal is denied or lost, they may be able to appeal to the next highest court. In the District of Columbia, there is only one appeals court, just the Court of Appeals.
If The Appeal Is Lost, What Happens Next?
The trial court determination is final if the appeal is lost and there are no additional appellate court-level appeals.
How DC Car Accident Attorney Could Help With Appeals
A DC car accident lawyer would handle the appeal on behalf of the plaintiff. If a mistake of law was made and the client decided to file an appeal in the District of Columbia Court of Appeals, the plaintiff’s attorney representing them would handle that on their behalf. I would recommend something other than a pro se claimant attempting independently. It’s something that requires a lot of work. It’s rather lengthy.
A brief has to be filed with the Courts of Appeals, which has several cases that support the plaintiff’s argument in the appeal. It would be difficult for somebody who needs help understanding what is involved or what is being looked for. Once the appeal is filed, it would be differed by the appellate court or dismissed. You do not need to handle your case alone. Schedule a consultation to learn about appealing a DC car accident case.