Appealing a Car Accident Case in St. Louis County
When filing a car accident case, your immediate hope is to receive an outcome that would benefit you. Unfortunately, not all plaintiffs will get the verdict they deserve. However, that is not to say that once a verdict has been issued, the case is now over. On the contrary, victims could file an appeal to have the initial decision to their case over turned. Though, in order to do so, it may be wise to hire an attorney familiar with both car accident cases and the appeals process.
How to Appeal a Car Accident Case Verdict
If a case was dismissed or received a verdict that was not optimal, the plaintiff may appeal the case by filing a notice of appeal with the court. Judgments do not become final until 30 days after their issuance. Plaintiffs have, at most, ten days from the day that the judgment becomes final to file their notice of appeal; although this is a codified rule, the Court of Appeals will sometimes allow plaintiffs to file a notice of appeal out of time.
Would an Appeal Affect How Much Compensation is Owed?
The amount of damages can be affected depending on whether someone wins or loses their appeal. If the defendant appeals, they will have to pay interest on the amount awarded by the jury. However, simply filing an appeal does not affect the damages. The only way that the damages are affected is if the defendant files the appeal.
How Often Could Someone Obtain a Case?
Although only one appeal is typically filed by a party, either party could file multiple appeals. If someone appeals a case, the Court of Appeals may side in their favor and give them a new trial before the circuit judge; this loop could continue until the case is fully resolved. However, most cases are resolved after the Court of Appeals makes its decision, whether it is in the appellant’s favor or not.
General Length of Time of an Appeal
Appeals tend to lasts from six to 18 months, which is quick compared to other states. Both sides brief the case and submit it to the court. The court typically rules within 60 days of receiving all briefs and evidence from all parties and rarely requires arguments from either side.
The length of an appeal varies from case to case and often depends on the circumstances of the case, the amount of evidence, and the length of the trial, if any. A case can be appealed prior to trial, which often means that there is less evidence for the court to review and that the case will be resolved faster. The longer a trial or case goes on, the longer the appeal process can be expected to last.
What to do After a Lost Appeal
If someone loses their appeal, they can appeal the case to the Missouri Supreme Court. Contrary to popular belief, not every case is heard by the Missouri Supreme Court. It is up to the court to accept a case and determine if it wants to allow the case to continue. Most people believe that they have an absolute right to appeal to the Missouri Supreme Court; however, if they deny a case, it is, in effect, dead at that point.
How Could an Attorney Help?
St. Louis County car accident attorney can help people navigate the appellate process, which can be very difficult. Many lawyers specialize in appeals, and many trial lawyers do not handle appeals. A car accident lawyer who specialized in appellate cases can help someone navigate appeals system and ensure that they do not miss any deadlines.