When Can you Appeal an Unfavorable Outcome After a Trial?
Orange County trial attorneys can provide you with assistance when you are a plaintiff or a defendant in a civil lawsuit. The goal is to help you resolve the case with the most favorable outcome possible under the circumstances. If you can successfully settle outside of court or convince a court to rule in your favor during the initial trial proceedings, this is a best case scenario.
Unfortunately, there are circumstances where you may get an unfavorable verdict. You may be unhappy with any part of the decision, including both the conclusion that was reached on how the law applied or the remedy that was imposed by the court. In situations where you are unhappy with any part of the outcome, you may wish to consider appealing the decision.
Brown & Charbonneau, LLP can help. Our legal team can assist you in determining if you may have grounds for appeal and can help you to go through the process of appealing your case.
When Can You Appeal After a Civil Case?
You can appeal any time you have lost a civil case. Appealing involves asking the higher court to review what occurred during the lower court proceedings. You are guaranteed the chance to have one higher court – the appellate court- hear your arguments for why something went wrong in the lower court. If you are not satisfied with the decision of the appellate court, you may try to appeal to the California Supreme Court but there is no guarantee the court will agree to hear your appeal.
The website of the judicial branch of California has some basic information on appeals for plaintiffs or defendants who are thinking about appealing a civil court decision. An appeal can be made by either side in a civil case, but those who are considering appealing must understand the circumstances under which the appeals court will alter a lower court decision so they do not waste their time.
An appeal is not a chance to re-do the trial over again, nor it is an opportunity to convince the appellate court to substitute its opinion on the facts of the case for the decisions made during the initial trial proceedings. During an appeal, the appellate court is interested in determining if a legal mistake was made and if the mistake in the application of the law changed the outcome of the case.
For example, if a decision was made in lower court that a defendant’s conduct was not negligent based on the facts of the events that occurred, the appeals court won’t substitute its own opinion on whether or not the defendant was negligent. However, if the judge gave the jury the wrong jury instructions on the definition of negligence, this is the type of legal mistake that could have impacted the decision and that the appeals court could determine requires some type of remedy (like overturning the verdict and/or sending the case back to the lower court with instructions).
Why is it so Important to Get Help with Appeals from Orange County Trial Attorneys?
It is very important that you have an experienced attorney to help you decide if there are grounds for appeal so you do not waste time and money fighting a verdict that is not likely to be overturned. You also want a lawyer to represent you so you can file your notice of appeal by the deadline and not miss the chance to try to appeal the verdict in appropriate circumstances.
When your appeal comes before the appellate court, the strength of the legal arguments made before the appellate judges will shape the outcome of the case. The appeals proceeding is not a time where a trial is re-run, it is a time where strong legal arguments must be made about why there were unacceptable problems that justify changing the decisions made in the lower court. You need attorneys with a in-depth understanding of the law and the ability to make the most compelling possible arguments if you hope to succeed on an appeal.
How Orange County Trial Attorneys Can Help You
Brown & Charbonneau, LLP can provide you with invaluable assistance during all phases of your civil court case. From settlement negotiations through the end of the appeals process, our Orange County trial attorneys can offer you the knowledgeable legal advocacy you need to formulate a strategic plan for resolving your legal issues. Give us a call at (866)237-8129 or contact us online today to find out more about the ways in which our legal team can help you fight for the most favorable possible outcome during court proceedings.