When a jury makes a decision that you disagree with regarding your recent collision, you may still have the ability to appeal the decision to a higher court. Filing an appeal allows you to state what errors you believe were committed during the trial process.
Although an appeal does not guarantee that there will be a change in the outcome of the case, it does allow you to argue that the rules were not followed in the original trial and that some action must be taken to correct the errors. Appealing a car accident case in Aurora can be complicated, but an experienced auto wreck attorney can protect your legal rights throughout the process.
The seasoned lawyers at the Law Offices of R.F. Wittmeyer, Ltd. have helped clients in every stage of a car crash claim, including appealing decisions to the higher court. Contact our legal team today to discuss your car collision case.
Reasons to Appeal a Car Accident Case
If you lose your car wreck claim in court, you can appeal a case in Aurora for various reasons. An appeal may be filed if a legal or factual mistake occurred during the trial. For example, the court may have excluded necessary evidence that should have been presented during the trial.
The judge may have provided the jury with improper jury instructions, resulting in a reason to file an appeal. You may also appeal the decision if an unfair trial was held because the judge exhibited bias. The court may have misallocated fault in the case, which would be another reason to file an appeal. A knowledgeable Aurora attorney could review the trial of a car collision case to help determine if an appeal is warranted.
How to Appeal a Decision
In Aurora, you have 30 days after the verdict of your car accident case to file an appeal. An appeal begins by filing a Notice of Appeal with the circuit court’s office. The Notice of Appeal must state why you believe the request is necessary and what you want the appellate court to do.
The other party must be served with a copy of the Notice of Appeal so they know you are appealing the decision. Briefs will then be drafted that concisely state the reasons for the appeal and ask for the original verdict to be overturned. The opposing party will also have an opportunity to file a brief stating their position.
Depending on the court, oral arguments may also be held in which the attorneys can state their position, and the court can ask questions about the case. The exact timeframe of receiving a decision on your car accident appeal can vary depending on the claim.
An appeal can take a year or longer to finalize, depending on the caseload of the higher court and the complexity of the issues being appealed. Since the appeals process can be confusing, partnering with a car accident appeals lawyer from Aurora can be beneficial to ensure you meet all deadlines.
Call an Aurora Attorney for Help Appealing a Car Accident Case
A car crash case can be appealed to the higher court for various reasons. If you believe a mistake was made during your trial, contact an Aurora lawyer to review your car accident case and determine if appealing is possible.
The Law Offices of R.F. Wittmeyer, Ltd. has over 40 years of experience representing people injured in auto collisions due to another driver’s negligence. When you are considering appealing the court’s decision, contact our office today to discuss the facts of your case.