Appeals in a DC pedestrian accident typically occur when you win your case and the defense or insurance company chooses to appeal the decision. Generally, they will only spend the time and money on an appeal if the judgment is large enough. If it is a more minor judgment, around $12,000, for example, they may not bother to appeal because they are analyzing their next move based on their profit margin, not their client’s. Whether the defense appeals depends on several factors. The idea of the appeals process, as you will soon learn, is one disadvantage to going through with the trial process instead of settling.
The legal process following a DC pedestrian accident is complex and daunting. Understanding how an appeal in a DC pedestrian accident case works is critical to protecting your right to compensation following an injury. Getting into court in DC can take about a year. That, in itself, is enough reason to seek to settle a case. Negotiating a settlement that fully covers your damages may only take a few months. If your case’s actual value is $20,000, we can settle your case for exactly $20,000. Of course, our skilled pedestrian accident attorneys can settle your case for more than that amount. However, if we go to court, there is a chance a jury will award you less for your injuries than your case is worth.
While you may also get more than most juries would award, taking a chance with a jury is always unpredictable. Moreover, the process is extensive. Unfortunately, appeals in a DC pedestrian accident case can only further extend that process.
A defense cannot appeal a judgment merely because it disagrees with it. It is assumed that the defense disagrees with the judgment. Instead, it needs some basis rooted in law to bring your case to the appellate level. The defense cannot appeal a decision if the jury believes a particular fact. They can only appeal based on errors of law, not errors of fact. There is no jury on the appellate level. Instead, it is a panel of judges who will decide if the law has been misapplied in some manner.
The first ground for appeal is rooted in legal error. This type of appeal is also the simplest to understand. If legal precedent says one thing, and the trial court rules another way, there is a misapplication of the law. Legal precedent works on a tier system. So long as it is in the same jurisdiction, the higher-tiered court’s ruling on a given issue is the law. Of course, almost no two cases are the same. So, one side may argue that a ruling in a given case does not apply to the instant case.
Meanwhile, we may argue that our case is like the legal precedent that supports our argument. This is an application of the law and is subject to appeal. This is known as a legal error.
While a pedestrian accident case in DC is governed by tort law, tort law is not the only law at play. In every case, there are many other fields of law to be aware of. There are rules of evidence at play. Civil procedure is a necessary component of every personal injury case. Another element to consider, as is present in every legal and political aspect of our lives, the U.S. Constitution is applicable. Due process violations fall under the Constitution, while civil procedure laws govern procedural rules. Which rules of civil procedure apply will depend on which court we file suit in for your case.
An evidentiary error is an alleged error made by the trial court. This has nothing to do with the jury, so it is not a mistake of law. Instead, the judge made an alleged mistake on whether to admit a piece of evidence. Note that whether that piece of evidence affected the case’s outcome is critical. If it did not affect the case, then it is not worth the time or resources of the appellate court to hear the appeal. That would serve no material purpose. Evidentiary errors are a complex part of the law but are critical in appeals in a DC pedestrian accident. The top DC pedestrian accident attorneys at Gelb & Gelb can break down any evidentiary questions you may have as they relate to your case.
If a piece of evidence should have been admitted and wasn’t, it can put a party at a material disadvantage. This may cause a reverse and remand of the case to the lower-level court. On the other hand, if a piece of evidence should have been excluded and was not, it may materially prejudice the jury. If the jury is sufficiently prejudiced, this may cause a reverse and remand, including a new trial.
If the judge gives the jury an incorrect statement of the law, the jury may produce an erroneous verdict. Jury instruction errors have historically been the most successful appeals to be heard by the appellate court. If the jury instructions are overly verbose, that may be sufficient cause to remand to the trial court.
In most cases, the statute of limitations for appeals in a DC pedestrian accident is 30 days. Notice how much shorter this is compared to other statutes of limitation. For example, the statute of limitations for filing a suit on a personal injury matter is usually three years, with limited exceptions. By contrast, a 30-day statute is remarkably short. However, this makes sense. For one thing, there is a chance of remand in an appeal. A remand is when the appellate court sends the case back to the trial level for further proceedings. Thus, the case should be fresh in the court’s mind. Moreover, the appeals process is more precedent-heavy than a trial. The trial’s focus is on the jury and establishing facts. The sole focus of an appeal is on a mistake of law.
After an appeal is filed and the Court grants certiorari, both sides submit an appellate brief. This briefs the appeals court on the facts of the case, the procedural history, and the caselaw to consider, to name a few. Then, attorneys for both sides present to the panel of judges. This proceeds more as a dialogue where the judges can and will interrupt the attorneys and ask questions.
If the defense has appealed in a DC pedestrian accident case, the preferable outcome is for the appellate court to affirm the lower court’s decision. On the other hand, the other possibility is for the appellate court to reverse and remand the decision for further proceedings. In some instances, the appeals court may reverse the decision entirely.
Our attorneys have handled appeals in DC pedestrian accident cases since our founding decades ago. If you have any questions about the legal process relating to appeals, call our office for a free consultation.
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