Appealing a Car Accident Case in Clarksburg
When a car accident litigation is not settled how you would like it to, you do not have to end your search for recovery. You have the right to appeal a decision made by the courts. Even if you win at trial but are unhappy with the outcome, you may be able to appeal the decision.
When appealing a car accident case, people should be aware that the process does not always result in a more favorable outcome. The appellant could risk the court reversing the decision, reducing compensation, or affirming the lower court’s decision by issuing the same verdict. Appealing could also result in less money for the injured individual due to legal fees associated with pursuing an appeal. Individuals should seek the advice of their Clarksburg attorneys before filing an appeal of a car accident case.
Appealing a Verdict in Clarksburg
If a car accident case was dismissed or the verdict was not optimal, a plaintiff in West Virginia could appeal the case from the circuit court to the state supreme court. A Clarksburg lawyer could review the situation with them to decide whether it is worth appealing based on the evidence.
Plaintiffs should be aware that they are not likely to win an appeal simply because the final award was smaller than desired. Plaintiffs should also be aware that some attorneys have staggered fees, meaning that at each stage in the process, such as settlement, trial, and appeals, their fee increases.
If they appeal, there is no guarantee that they will receive a higher verdict or be given a new trial. The plaintiff might pay more in fees throughout the appeals process and not recover anything as a result, in which case it could be more prudent to forgo appealing.
How Often Can a Case Be Appealed?
People can typically only appeal a case once. An appeal would likely occur after the court proceedings, where the trial and everything believed to be improper could be appealed, as well. The appellant is responsible for identifying all the errors they find occurred during the trial that would justify reversing the result.
Length of an Appeal
An appeal can add six to eight months, or more, to a case. The process could take longer if the appeal raises a unique issue that requires the court to carefully consider their decision-making because it might set a precedent for future legal matters. Once someone loses the appeal and they have exhausted all their options, their case is over, even if the decision is unfavorable.
A Clarksburg Attorney Could Help You Appeal a Car Accident Case
A Clarksburg attorney could most effectively help someone win their appeal if they were the same lawyer who helped the injured individual with the original trial. If the lawyer enters the case following another lawyer’s involvement at the trial level, appealing could be more difficult because they lack firsthand knowledge of what happened during the trial, as well as the errors made by the court during the trial.
Consulting a lawyer to help you through the entire trial could be your best chance at receiving your desired outcome. Call a knowledgeable legal consultant for advice today.