An appeal is litigation that takes place when a trial concludes. An appeal in a civil personal injury case happens when the parties believe the court erred in making a legal determination at trial. The court is called upon a few times during the course of a standard civil personal injury case to make a legal determination concerning motions for judgment, requested jury instructions, or other objections. If one of the parties believes the court erred in performing its task in rendering a legal decision, then a party is entitled to note an appeal to the Court of Appeals. Because on appeal will usually be on the basis of some legal technicality or court procedure, it is vital to acquire the assistance of a local personal injury attorney, who will know the legal specifics of a personal injury case, and also the proper trial process in the local courts.
Which court an appeal is heard in, will depend on the court in which the original trial was heard. The Superior Court in the District of Columbia hears the appeals from the small claims and conciliation branch. The Court of Appeals in the District of Columbia hears all appeals from civil trials from the Superior Court of the District of Columbia.
The appeals process, much like all claims processed involving civil litigation, works pursuant to the court’s rules. If a party wishes to note an appeal, that party must file a notice to appeal within the time limits prescribed by the court’s rules. Once an appeal is noted, the court instructs the parties on how it wishes to proceed in terms of a schedule involving the appellate brief and any oral arguments to be heard on the appeal.
A person should expect an appeal to take longer than the initial trial process. There are a number of factors that go into an appeal involving the briefing process and oral arguments which can take a significant amount of time.
The benefits and downsides of appealing a personal injury claim depend on the claim. For example, if there is a clear-cut issue in which the parties believes the court made a mistake then it makes sense to appeal the case. If there is any question as to the outcome of the appeal, then close evaluation should be administered as to the financial reality of progressing through an appeal. If the appeal may not be won, or is going to cost more than would be worthwhile, considering the potential reward, then it may not be advisable to file an appeal. These are issues that should be discussed with an attorney.
Anyone who believes that his or her case should be appealed, should consult with and retain the services of a qualified DC attorney experienced with persona injury appeals can adequately investigate the claim; discuss the claim; discuss any issues that might come after the claim; the cost of presenting an appeal; and other issues that are important to that individual claim.
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