In many North Carolina personal injury cases, the parties negotiate settlements before they have to go to trial. Not all cases go this route, however. Once in trial, there is never a guarantee that you will win your case. Even if you believe that you are entitled to compensation, the judge or jury may not see it that way. To lose the case can feel disheartening. If you still believe you deserve compensation, do you have to accept it? Can you appeal a civil ruling?
You can request a review of judgment for civil verdicts by an appeals court. These appeals courts will look at the court’s prior proceedings. The purpose of an appeal is to point out any errors of law. Now, you cannot appeal your verdict if you are unhappy. Sometimes, you do not win cases and while it is disappointing, if the court treated you fairly and to the letter of the law, you cannot appeal it. However, if there were errors in the law, then you can file for an appeal.
Appeals are technically a review. In the appeal process, you do not present evidence or witnesses. You use the facts from trial court. The only exception is if there are facts that go against the evidence. In an appeal, you will have several judges to hear your case. Each party will file an appellate brief. This brief argues that the court incorrectly applied the law. Both parties argue their case based on statutes and case law.
None of the above information is intended to be legal advice. This is solely to inform on the appeals process.
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Attorney Mike Lassiter grew up in Statesville, makes his living serving the people of Statesville and published a book capturing the changing landscape of small town life across North Carolina and Iredell County. His keen sense of history, dedication to the area and 30 years of legal experience make him an ideal attorney for your legal needs.
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