If you would like to discuss your personal injury case with an Elizabeth NJ personal injury attorney, call us today at Rispoli & Borneo to arrange a free consultation with one of our lawyers. Our attorneys have years of experience successfully representing injury victims, and recovering the maximum in damages.
Prior to hiring a personal injury attorney Elizabeth NJ accident victims recommend, you may have a number of questions. The attorneys at Rispoli & Borneo may provide more specific information after reviewing your case. The following general information about appeals decisions may be of interest to you.
Appealing Court Decisions or Judgements
The process of appealing a court ruling can be involved and complicated. In the event that it should become necessary to consider this action, your personal injury attorney in Elizabeth NJ can provide more information specific to your case.
The Review Phase
When a state or federal trial court decision is appealed, most of those decisions are subject to review by the appeals court. This is true for almost any kind of civil case, including personal injury lawsuits. The appeal is often focused on one or more of the following as possibly having been in error:
- A judge’s order.
- A jury’s final judgement.
During their review, if the appeals court finds that an error of law occurred that contributed to the court’s findings or decision, they will reverse the decision. If the appeals court does not agree that such an error occured, they will deny the appeal, and further appeals are generally not allowed. If your case is an exception, your Elizabeth NJ personal injury attorney can discuss that with you.
What exactly is an appeal?
The appeals process is a review of how the trial court applied the law in your lawsuit. Every case is different due to the specific laws that pertain to your civil lawsuit. To understand exactly what laws apply, an Elizabeth NJ personal injury attorney can explain after reviewing your case. However, these guidelines are universal:
- Appeals reviews do not include a jury.
- Lawyers do not present witnesses.
- Lawyers do not present traditional types of evidence such as in the original lawsuit.
- The appeals court will not question the facts that were presented in the original trial, except under certain circumstances.
- Rather than having one judge as in a civil trial, several judges review the appeal. The number of judges present depends on the jurisdiction, and whether it is a state or federal supreme court.
Available Options After Losing an Appeals Decision
Whichever side loses in the appeal may pursue another appeal to a higher court. Your Elizabeth NJ personal injury attorney can tell you if your case merits further efforts to appeal the decision.
- After losing an appeal in a state appeals court, your attorney can appeal to the State Supreme court. Due to their caseload, these courts usually only review cases that involve questions of law that are unsettled.
- After losing an appeal in a federal appeals court, your attorney can appeal to the U.S. Supreme Court. These cases are limited to those that concern constitutional or federal issues.
To discuss your case with an experienced Elizabeth NJ personal injury attorney, contact us at Rispoli & Borneo for a free consultation.