Our personal injury team at Martinez, Hart, Thompson & Sanchez, P.C. is well aware of the many complexities involved in personal injury, civil rights, and insurance bad faith cases. While we do our best to find a resolution as soon as possible, we also recognize when a court case is your best interest. We also known the proper steps to take if your trial results in an unfavorable decision.
Valid Grounds for Appealing a Verdict
The first step in the appeals process is to determine whether there are grounds. Without grounds, you lack the right to file your appeal. However, when the following situations apply, you may be able to proceed:
- Evidence was wrongfully admitted during the trial
- The jury was provided improper instructions
- Evidence was considered weak or insufficient
- There were egregious errors that prevented justice from being carried out
- Legal counsel provided guidance that was wrongheaded or ineffective
Determining grounds on your own can be challenging when you lack a deep understanding of the law. We’ll start by reviewing your prior trial to determine whether there are valid grounds for filing an appeal.
What to Expect During the Appeal Process
Appealing a case is quite a bit different from the initial trial. With an appeal, the court is chiefly concerned with the previous trial and how it was conducted. Each legal team will file a brief, which explains their position. On your behalf, we’ll point to any wrongdoing or oversights that affected the outcome of your case. Instead of a jury, judges are present to review the case and render a decision on whether it was lawfully conducted.
If the judges dispute your claims, the original ruling will be upheld. If they agree that there were issues that impacted the outcome, a new trial may be ordered. If you dispute the amount of damages afforded during the case, the appeals court may also change the amount if it’s believed your claims have merit.
Experienced Legal Support You Can Count On
We’re proud to use our considerable legal acumen to help you navigate the complexities of the appeal process.
If you’d like to discuss a previous case with an attorney, please call 505-343-1776 to schedule a consultation. You can also contact us for more information.