Not every jury returns a correct verdict. Especially in situations where you are trying to hold a landowner responsible for a crime that took place on their property, you may feel cheated out of justice you feel is rightfully yours. However, an unfavorable verdict in a civil claim does not always mean the end of the case. In certain situations, you can file appeals with Georgia’s appellate courts to give your case new life.
Not every case is appealable. In general, an appeal may only be filed if a party to a claim believes there has been an error of law. You cannot appeal a case based simply upon not agreeing with a jury’s verdict. Instead, you must believe the judge made an error and this error negatively affected your case. Appealing a negligent security verdict in Atlanta is a complicated matter. A compassionate negligent security attorney could help you understand the law and to file appeals to get the compensation you deserve.
When May a Person File an Appeal?
The two main issues that may arise when appealing a negligent security verdict in Atlanta are timing and error of law. Claimants do not have an unlimited amount of time to appeal a decision. In general, under O.C.G.A. §5-6-38, a person must file their initial notice of appeal no more than 30 days after the entry of a decision they wish to contest.
In many instances, this can occur before the primary case is decided. For example, many contested issues in negligent security cases concern the discovery of evidence. A plaintiff’s attorney and a defendant’s lawyer may differ in their legal opinions as to what evidence is relevant in the case. They will typically file motions requesting the judge to decide. This decision may be binding for the final trial which may not occur for months down the road.
In general, appeals concern matters of law that include:
- The relevance and discovery of evidence
- Which witnesses may testify at trial
- Jury instructions
- The qualifications of expert witnesses
- The propriety of arguments by counsel
- Jury selection and strikes for cause
Any of these examples may serve as the basis for an appeal. An attorney could help someone examine the judicial decisions in their case for any potential errors.
How Georgia’s Appellate Courts Handle Appeals
The filing and presentation of appeals cases is a long, complex process. Once a person makes an initial filing with the trial court, they must serve the defendant with an official copy of the request for appeal.
If the appeals court accepts the case, the appellant has a set time to file a legal brief with the court. This brief outlines the legal justification for the appeal and makes a formal request for specific relief. Most often, this is a request for a new trial with an instruction to the presiding judge to change an erroneous ruling.
Most appeals cases are decided on the merits of the briefs. However, under limited circumstances, a person may request an in-person hearing. An attorney can help someone considering an appeal decide which path works best for them. For more information about appealing a negligent security verdict in Atlanta, speak with an attorney today.
How a Passionate Atlanta Appeals Attorney Can Help
A negative verdict does not mean a person cannot collect compensation from injuries that resulted from negligent security. Many times, a judge makes decisions about the law that affect the future trial. Whenever these decisions are incorrect, a person may have the right to appeal.
Appealing a negligent security verdict in Atlanta must be done quickly and can only concern specific areas of the law. An attorney could help you examine your cases for judicial errors, file the appropriate appeals in a timely manner, and author legal briefs that outline your legal argument and demand relief. Contact an adept appeals lawyer immediately to see how they could help you.