Simply not having an optimal verdict is not grounds for an appeal. However, if someone injured in a car wreck believes there was a legal issue in their previous trial, they can take their case to the appellate court.
Appealing a car accident case in Murfreesboro could be made easier with the guidance of a well-practiced injury attorney. Local legal representation could review your previous trial and determine if there were constitutional errors that impacted the verdict.
When Can a Car Crash Plaintiff Appeal a Verdict?
If the initial case was tried in the General Sessions Courts, the right of appeal is what is called de novo. This means that no matter what the evidence was, they have a right to appeal on the smaller cases.
If someone took their auto accident case through a jury trial, then there is a process in which they can argue legal errors occurred giving them the right to a new trial. For example, if the jury did not receive the correct instructions, evidence was not allowed or should have been allowed in the trial, or the defendant acted fraudulently, those could be grounds for an appeal.
Another circumstance that could lead to an appeal is improper striking of a jury. When appealing a car crash case, it is important to retain a local lawyer familiar with potential errors that could impact a case.
Impact on Recoverable Damages
If someone wins their appeal, a judge generally is going to reverse and remand a case, which means that they are going to give instructions for a particular issue. In other words, if a plaintiff can prove that something was done wrong on appeal by a higher court and the higher court will report to have another trial.
However, in the retrial, a claimant cannot seek new damages. The only issue that will be addressed is the legal error.
Appeals can take a substantially long time. Often, these cases can take anywhere from a few months to years. It is important for a claimant to speak with a Murfreesboro attorney about whether appealing a car accident verdict is in their best interest.
Losing an Auto Accident Appeal
Sometimes after losing an appeal, a plaintiff can have the option to appeal to an even higher court, but they have to petition the next level of court. After the appellate level, they can go to the Supreme Court of Tennessee.
However, sometimes it is not worth appealing because there are no other issues within a case. A lawyer in Murfreesboro could determine if appealing a case again is feasible by making sure:
- Appellate issues at trial exist and are preserved
- All the necessary evidence is gathered for the appeal
- The claimant meets the legal deadlines and procedural process requirements
Appeals are difficult as there has to be a clear, legal mistake made for them to be successful. Therefore, legal guidance is highly advisable before bringing a case to the appellate court.
Discuss Appealing a Car Accident Case with a Murfreesboro Attorney
It is important to understand that many cases are not successful in appellate court. This is because a significant constitutional issue must be present for them to reverse a verdict or require a retrial.
For this reason, it is important to discuss appealing a car accident case in Murfreesboro with a well-practiced attorney at our firm. We could provide trustworthy guidance and ensure your time and energy is well spent. Call us today.