When a defendant of a personal injury case is not awarded damages in a DC trial, he or she may decide to further pursue their case by appealing this decision. An appeal is a process that allows a plaintiff or defendant to ask a court to overturn a judge or a jury’s decision against them. This is typically done by asking a higher court to review a judgement and overturn it. Sometimes this is done by asking the court that presided over the trial to review it again. Many people have found that it is easier and more effective to file personal injury court appeals in DC with the help of a highly rated law firm that has lawyers who are licensed to practice in Washington DC.
Appealing A Court’s Decision
When a person wants to appeal a personal injury case’s decision. He or she can tell a higher court, or in some cases the court that presided over the case, why they think the verdict is wrong and ask the court to overturn the previous decision. Different states have different laws but in Washington DC and many of the surrounding states, an appeal needs to be filed within 30 days of when the court reached its initial decision.
To successfully appeal a court’s decision, the person that is asking for the appeal must give specific reasons as to why a jury or a judge’s verdict is incorrect. An example of this type of argument is that a jury disregarded jury instructions or the other side did not conduct themselves in an appropriate manner.
Motion for a New Trial
Another way a person may try to get the verdict of a case overturned or ammended is by asking for a new trial (motion for a new trial.) The laws and requirements for doing this differ from state to state but this request is often made to the same court that conducted the trial whose verdict is being asked to be overturned. Some of the reasons a plaintiff or a defendant may ask for a new trial are:
- New evidence comes to light
- Mistake or wrong use of the law
- Misconduct by the opposing side
- Jury misconduct
The above name just a few of the many, many reasons that may have kept a person from having a fair trial. A person may use more than one of these as a grounds for appeal. A motion for a new trial usually requires the side asking for it to do this within a certain amount of time from the announcement of the previous decision. This often needs to be done within ten days of the previous decisions along with copious amounts of paperwork, serving the other side, acquiring transcripts of the previous trial, a docketing statement of the previous court proceedings, and any other documents or documentation that explain why the previous decision is wrong.
If you think you may be in need of a personal injury lawyer or if you are not satisfied with one that previously represented you, Cohen & Cohen, P.C. is available to help. Our law firm has been successfully protecting injured people and their families for over 30 years. A member of our dedicated legal team is available to listen to your situation and to give you a free case evaluation. Someone is available to take your call 24 hours a day, 7 days a week. Call Cohen & Cohen, P.C., today.