Appealing a Stratford Car Accident Case
Being involved in an auto accident can be especially stressful not only because of the damages you may incur, but also because of the time it would take to file a claim for compensation. Although you may properly prepare a claim, it is never a guarantee that you would obtain a favorable outcome. However, just because your case was unsuccessful does mean that your options are exhausted. To learn more about appealing a Stratford car accident case, be sure to reach out to an experienced attorney today.
Process of Appealing an Auto Wreck Case
If a case is dismissed or if there is a verdict that is not accessible, an appeal may be taken. However, before the appeal, there are numerous post-verdict motions, including motions in Connecticut called a motion for additur. This motion is made by an attorney to make after a case has gone to trial in order to add additional money for the verdict.
There are other additional motions that could be made to retry case if the verdict offends the concepts of justice or shocks the conscience. For example, if someone had surgery as a result of a car crash and only received $200 as a verdict, that would be something that would shock the conscience.
Impact of an Appeal on Recoverable Damages
If a victim wins an appeal, they are able to retry their case. In other circumstances, the court may order that damages be found in favor of a particular plaintiff, and in those cases, an appeal would result in a second trial. However, that does not always occur. If the appellate court finds that the injured person or the plaintiff is entitled to a new case, the other party may decide to engage in further settlement negotiations.
Length of Time an Appeal Could Take
Appeals can be completed as quickly as within four months or as long as several years. There have been cases where appeals have been taken up and decided within 4 months, but it is more typically somewhere around a year to 18 months maximum.
Another factor worth considering is the complexity of the issues at hand. If the issues are complex or have never been heard by the appellate court, a person could request specific things, including hearing an appeal en banc with the entirety of the appellate court or other factors may occur.
Likelihood of Winning an Appeal
A plaintiff should be aware that at the appellate court, it is very difficult to win an appeal. It could also be a very difficult or challenging process, but unlike the original case, there is no discovery or depositions. The appellate court is limited to the facts that were presented in the underlying case or the case law. The appeal would also be considered a trial court case, requiring the same if not more preparation than in the previous case.
How Could an Attorney Help?
They can help to appeal their cases by handling it strongly from the beginning. Further, they can help by taking on these appeals through the work of other attorneys and taking it onto assist persons who have suffered unfair or unjust results in a case.
An attorney could help with the filing of appeal by using their knowledge and experience of the court system in a manner which you would find most favorable. A lawyer with specific familiarity with the court system and Stratford and car accident cases could provide you with insightful and professional guidance which may increase your likelihood of obtaining a favorable outcome. To learn more, contact an attorney today.