Appealing a Charleston car accident case is a task that is undoubtedly challenging. Because of this, victims who feel as though they have not been given fair compensation or who have had a grevious mistake in their trial need to contact an attorney familiar with car accidents and appealing car accident cases. The difference between receiving the compensation you need and an unsatisfying verdict could be decided by an attorney.
How a Person Could appeal a Charleston Car Accident Case
The claim holder could go about appealing a Charleson car accident case by essentially asking for a new trial. In that new trial, they would just have to re-put on their evidence, re-put on their witnesses, retry the case, and see what the jury decides.
How Appealing a Charleston Car Accident Case Could Affect Compensation Amounts
A successful appeal could affect the amount of damages they could receive should they win the appeal. First of all, when an individual is appealing a case on either side, they are often relying on chance. It is not often that an appellate court is going to want to overturn the sound discretion of the trial judge and that of the jury. There is a lot of deference given by the appellate courts to the decision-making process by both the judge and the jury in a personal injury case.
That being said, in the event that an individual could successfully argue that there had been an error of law or an error of application of the law by the judge and/or by the jury, then they could have a new trial ordered. If they have gotten a not-so-great result in the first trial, a lower number than what the fair value of the case arguably is, then the ability to go back and retry the case is another means by which they might appeal–it is another opportunity to present the damages and the liability away to hopefully yield a higher number.
When an individual retries the case, the amount that the jury awards in that case could be substantially higher or substantially lower. But in either event, it could very much dramatically impact or change the amount that the case is ultimately worth for the victim in the case.
How Often a Person Might Appeal a Case
Theoretically, a person could appeal a case as often as they wanted. If an individual is at a trial, they appealed it, they won the appeal, and the case was remanded with an instruction for a new jury trial, they could have a second jury trial. If there was another error, they could appeal it again and, theoretically, it could be remanded. In practicality, most cases are not appealed at all. If they are, the typical appellate route would be one time although there are exceptions and there are certain cases that have been up and down. It is possible for it to go up multiple times in one case, but highly unlikely.
What Happens after an Appeal Is Lost
If the appeal is lost, the case could be appealed from the Court of Appeals, and to the next level, which is the Supreme Court, and in this state, it is the Supreme Court of South Carolina. That Supreme Court could decide if they want to take the case, what is called granting a writ of certiorari, and they would either grant the writ to have the case heard or not. If the Supreme Court of South Carolina decides to not hear the case, then a finding from the appellate court or the Court of Appeals in South Carolina would be the final finding and ruling in the case.
Noteworthy Considerations when Appealing a Case
The biggest thing people should be aware of when appealing their case is that when they appeal a case, it is a final effort. In other words, even if an error arguably occurred at the trial court level, getting an appellate court to overturn the sound discretion of a judge who has a lot of discretion and latitude in decisions that they make in the case and, certainly, the discretion of a jury in deciding what the fair amount would be for damages through the result of an accident case, is extremely difficult.
They are not going to overturn that sound discretion unless there is some type of clear error. Cases are won or lost at that trial level and with rare exceptions are they going to be changed, overturned, or overruled in an appeal or in the appellate court process.
Contact a Legal Representative Today
Charleston car accident attorneys could help somebody with their car accident case from the beginning to the end, whether it be working up the case from the beginning when the accident occurs, by developing evidence and interviewing witnesses, and developing testimony and evidence in the case, capturing medical bills, lost wages, past and future, gathering the right experts to help prove liability and damages in the case, and putting all of that work together into a package to try to settle their case either through a demand or through a mediation. If those efforts fail, then a lawyer could take the case to trial, either a bench trial or a jury trial, and, if necessary, depending on what takes place in the trial, appeal the case to either the Court of Appeals or the Supreme Court of South Carolina, if necessary. If you need to assistance appealing a Charleston car accident case, speak with an attorney today.