Sometimes car accident cases do not have the outcome that you were hoping for, and other times, that outcome is due to errors perpetrated by a judge, jury, or the prosecution. In cases like that, you may want to retain an attorney to help you appeal your Columbia, MO car accident case. A successful appeal can give victims a second-chance at a positive verdict.
If someone is dissatisfied with the verdict in a case, a plaintiff may appeal it by filing a notice of appeal. That puts the circuit court and the appellate court on notice that the plaintiff is intending to appeal the lower court’s judgment.
Once a notice of appeal is filed, the plaintiff might acquire court records including transcripts and evidence presented at trial to prepare a brief explaining how the lower court’s rulings may have been incorrect. Then, the case would be argued in front of the appellate court so they can decide whether the case should be remanded to the lower court or to reverse the lower court’s ruling.
A person usually appeals a case once, but appeals can be made at several different points. If the appellate court decides that the lower court was in error, the matter is remanded back to the circuit court level where a new trial is held. If, during that trial, more issues of error occur, it can be appealed once again.
If the appeal is lost at the first level, one could appeal to the Missouri Supreme Court directly. If that court denies the request and the appellate court has decided against the plaintiff, the matter is usually considered over. An AW Smith Law Firm attorney could help identify possible next steps after an appeal has been rejected.
An appeal does not necessarily affect the amount of damages that a person receives at the circuit court level since it is basically considered a “do-over” of the original trial.
Appealing a case is more than just a legal argument. In a regular trial, each attorney is attempting to persuade the jury that their argument and their facts are more probable than not. However, in an appeal the parties are often arguing in front of three judges.
Rather than the facts, circumstances, and events of the collision, the attorneys contest the facts, events, and circumstances of the trial. This is all to prove that the original judge may have made an error in a ruling. The error could have been in the admission of evidence, testimony, objections, or other nuances of the trial process.
A skilled and compassionate car accident lawyer may be able to guide you through the legal process after an initial decision has been given by a judge or jury. Appealing car accident cases in Columbia can be complex and time-consuming. Retain legal counsel from AW Smith Law Firm today to get started on your appeals case, hopefully overturning the existing decision.
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