Can You Appeal After a Civil Trial?
A trial attorney at Brown & Charbonneau, LLP can provide you with assistance taking steps to get the best outcome possible if your company is sued or is suing someone else. The outcome of civil litigation can have a profound impact on your organization’s future operations so it is imperative that you understand what your rights are and that you are as prepared as possible for trial so you can maximize the chances of a favorable outcome.
Unfortunately, sometimes individuals and businesses that are involved in civil litigation do not get the desired outcome when they pursue a claim or when they are sued. The court may find in the other party’s favor or the court may not award the remedy that a plaintiff believes is appropriate given the circumstances of the case. If parties are unhappy with the outcome of civil proceedings, there are circumstances where they can appeal after a civil trial.
Brown & Charbonneau, LLP can help you to determine if appealing makes sense given the outcome of your case and, if so, can guide you through the appeals process. You should give us a call today to talk with a trial attorney who can provide the help and support you need to fight for the best outcome possible both during an initial trial when a dispute arises as well as during an appeal when a conflict is not resolved in your favor.
Appealing After a Civil Trial
If you are involved in civil court proceedings and the case does not get resolved in a manner you feel was the appropriate remedy for you or your business, you have the option to file an appeal after the verdict has been rendered. You’ll need to act within the deadline to appeal. Unlike in a criminal case, where only a defendant can appeal, parties on both sides of a civil case have the option to appeal the outcome, which means that if you prevail in court you cannot necessarily count on the verdict standing in every case.
It is important to realize, however, that an appeal isn’t just a second bite at the apple and a chance to convince a different jury to decide a case in a way that you would prefer. Instead, when you appeal, appellate court judges will evaluate the court record to determine if there were procedural or legal problems in the initial case.
An appeals court doesn’t substitute its own judgement or its own finding of the facts for the decisions made by a jury in a lower court. The appeals court just looks at whether the law was applied correctly and whether the outcome was a reasonable one in light of the way that the law should have been applied. If the court believes that there were no mistakes in how the case was handled, the appeals court will not overturn the initial verdict.
If the appeals court believes there were underlying problems, the court can overturn the verdict and/or can send the case back to the lower court to make a new decision with further instructions. Otherwise, the appeals court will uphold the verdict. While anyone involved in a civil case can appeal once, there is no guarantee that your case will be heard by higher courts after an appeals court has made a decision so the ruling by the appeals court often stands as the final decision on the case.
How a Trial Attorney Can Help You
A trial attorney at Brown & Charbonneau, LLP will work closely with you throughout your case to maximize the chances that you will prevail in court. We can help you to evaluate evidence, interview witnesses, and prepare a case that is likely to convince the judge or jury to decide in your favor. We can also provide assistance during the appeals process when compelling legal arguments need to be made to convince the appeals court to overturn the initial ruling.
To find out more about how our firm can assist you in fighting for the best outcomes possible when you are involved in a civil court case, you should give us a call at (866)237-8129 or contact us online today.