If you believe your trial to claim compensation for a car accident was not adjudicated correctly, you have the option to appeal the decision. It is not common to appeal a car accident verdict in Atlanta because most car accident cases do not even go to trial in the first place. Of those that go to trial, most are not brought to appeals. Nonetheless, it remains an option for someone who believes they did not get a fair trial. If you are looking to make an appeal, one of our experienced attorneys could help you navigate the legal system.
How Can a Plaintiff Appeal Their Case?
A plaintiff may appeal a court decision that dismissed their case or produced a verdict that they find unsatisfactory. The ability to appeal depends on the nature of the disposition. If the case is disposed of via a motion for summary judgment or a motion to dismiss, the party will have an automatic right to appeal. This allows them to ask the court of appeals to review the decision.
Alternatively, a case that was tried through a jury verdict may be appealed if there were adverse rulings within the case that might have significantly impacted the outcome of the trial. The process of appealing such a case can be initiated by filing a notice of appeal.
The Impact on Damages
Appealing a car accident verdict in Atlanta could affect the amount of damages that someone might receive if they win the appeal, depending on the nature of both the case and the appeal. For example, if someone loses a jury trial or the case is dismissed at summary judgment, they are not entitled to any recovery of damages. Winning the appeal and having it reversed could lead to further settlement negotiations, which could be productive, or lead to a new trial that might result in a different outcome.
How Long Does the Appeal Typically Take?
The appeals process in Georgia takes approximately one year from the time the appeal is filed to the time that an appellate decision is rendered. That timeline can be longer or shorter depending on the specifics of the case. One of the things that can impact the timeline is either party seeking further review from the Georgia Supreme Court following a court of appeals decision. A review by the Georgia Supreme Court would be unusual, however, and in most cases the appellate process will take about one year.
Despite an attorney’s best efforts to move an appeal along, there is often not much to be done to expedite the ruling. While appealing may be a worthwhile option in the event of an adverse ruling or jury verdict, it requires patience due to the nature of how the appellate courts in the state proceed.
Steps to Take if an Appeal is Lost
If an appeal is lost, the individual could seek review by the Georgia Supreme Court via a petition for cert. Those petitions are not typically granted, but it could be a last resort if someone loses an appeal.
We could help someone appeal a local car accident case by providing knowledge of the specific appellate rules. The plaintiff must comply with those rules or risk not having their voice heard. An inexperienced lawyer might not be familiar with them or might be incapable of properly handling an appeal. If the rules are not followed, the appeal will likely be dismissed without the rules and merits of the issue even being recorded.
Appeal a Car Accident Verdict in Atlanta with a Trained Attorney
Sometimes a judge makes a ruling in your trial that is unfair to you, or the defense team engages in actions that were not allowed. You could have a second shot at a fair verdict by seeking an appeal. A lawyer could provide assistance in appealing a car accident verdict in Atlanta so you do not miss out on much-needed financial help. Reach out to us now to discuss the circumstances of your case.