Any time a person has a jury trial, they have a constitutional right provided by the United States to appeal the result of the trial if they believe an error has occurred. Regarding personal injury claims, if a person ends up going to trial and wins, typically, the insurance company will immediately file an appeal. This often ends up delaying for many years a person’s recovery of the money they have just won in their Louisville personal injury claim.
After experiencing an injury due to someone else’s negligence, going to court can be intimidating, stressful, and emotionally draining. A Louisville injury lawyer can help ease this process. After winning the court case, you expect to finally have the opportunity to celebrate your win and return to your normal lives.
In the case of an appeal, however, the process often feels like it is restarting. If you find yourself facing an appeal following your personal injury trial win, contact a Louisville injury appeals lawyer for guidance through what could be yet another trying time. An appeals lawyer can be your guide and advocate once again.
The Appeal Process
In order to appeal a court’s decision, the party must follow very strict time deadlines. They must appeal within 30 days of a final judgment being entered by the initial court finding. The process is actually quite complicated so it is very important to hire a Louisville injury appeals attorney to help with any personal injury appeal. The process is to get the entire record sent from the trial court to the court of appeals and then brief all of the necessary issues.
Unfortunately, appellate work takes an exceedingly long time. From the beginning to the end of the first part of an appeal, it generally takes anywhere from 12 to 18 months. Even after the first appeal, there is sometimes an opportunity for a second appeal which, if followed through on, can take even longer to complete.
Advantages and Disadvantages
The benefit of appealing a personal injury claim is the opportunity to have a second chance at trial. This is particularly important when you have lost at the jury trial level due to a mistake or an error that happened during the trial.
On the flip side, if the injured party is the winner at the Louisville personal injury jury trial, the downside is that an appeal drags your case on longer and delays your recovery of the money.
Hiring an Experienced Lawyer
Not very many lawyers operate in the court of appeals because it is a subpart of what lawyers do. In fact, many attorneys do not ever have the opportunity to work on appeals. Therefore, it is critically important that you hire an injury appeals lawyer in Louisville who has previously done appeals and has the experience, knowledge, and proper understanding to handle an appeal.