While we rely on the court system to obtain the justice we deserve, sometimes it is not perfect. There is always the possibility of mistakes being made. If that happens to you in your personal injury case, you may be able to appeal.
Keep in mind, an appeal is not another trial. Rather, it is a process which examines the legal errors in your case. If a Georgia appellate court holds that an attorney, judge, or jury made an error during the trial, or that a judge made an error in deciding a motion for summary judgment, the appellate court can reverse the trial court’s decision or order a new trial.
Unlike the trial for the personal injury case, the appeals process does not include a jury or a reexamination of facts. Instead, a panel of judges will assess the legal aspects of your case and determine whether or not to reverse or uphold the previous ruling based on Georgia law.
Your lawyer will submit a written appellate brief, which contains an explanation of the specific mistakes that happened during the first case and which laws were misapplied or misinterpreted. On the other hand, the defendant’s legal representation will submit their won appellate brief.
There is a possibility of hearing oral arguments by attorneys on both sides. The judging panel may ask clarifying questions to your attorney during oral argument. However, you or other witnesses will not have to provide any further testimony.
If your appeal to the Georgia Court of Appeals fails, then you may appeal to the Georgia Supreme Court.
Let Our Atlanta Personal Injury Attorneys Help You
If you believe that the verdict in your personal injury case was incorrect or unfounded, Pratt Clay is committed to protecting your rights and best interests throughout the entire appeal process. With more than $75 million won on behalf of our clients, we understand what it takes to help you obtain the most favorable outcome possible.
Schedule a free consultation with our Atlanta personal injury attorney today.