Camden County Personal Injury AppealsRequest a Free Consultation
A personal injury appeal in Camden County is something that happens after there has been a legal ruling or a verdict that one party is not happy with. Under New Jersey law, an individual has a right to appeal it to another level of the court system, called the Appellate Division. At the Appellate Division, the courts rule using various standards, depending on the issues and a review of the facts and the law to determine whether the right decision was made at the lower court.
A Camden County personal injury appeal can happen when a judge makes a ruling during the litigation process before a case goes to trial. Either party has a right to an appeal, to have a second look so to speak, of the decisions made earlier. It is a case-by-case analysis, but anytime there is a consideration as to whether to settle a claim or to take a case verdict, an injured party must understand the appellate process, the time it takes, and the additional delay that comes with an appeal. In this regard, a Camden County personal injury attorney can assist.
Process of the Appeal
Appealing a claim requires a formal process of filing very specific documents with a separate court within the court system. Then, at some point, it requires providing the evidence necessary for the appellate court to understand both the factual and legal issues that are being appealed.
There is no set timeframe for how long an appeal can take, but experience shows it takes at least a year if not more, more likely closer to two years, to resolve most appellate issues in the State of New Jersey.
Pros and Cons of Appealing a Case
If somebody feels that a decision was made erroneously or they have been harmed by a wrong decision at the trial court level, they have a right to appeal. If they got a bad decision, the benefit is having an opportunity for another judge or a panel of judges to review the prior decisions made. During this process, someone may arrive at a different conclusion that could benefit the injured party.
The downside of a personal injury appeal in Camden County is that the decision could go against them. If an individual had a favorable decision on some issues, but not on others, and they take the opportunity to appeal, the individual may end up doing more damage than good because issues they did not want considered or reversed may be reversed on appeal.
Benefits of a Lawyer
The appellate process is a complicated and rule-driven process that needs the help of an experienced Camden County attorney to help navigate. An attorney can help somebody understand the standard review or criteria that will be used by the appellate division or the appeals court to look at a claim or decision. They can also help understand the risks and costs of a Camden County personal injury appeal.
Can I handle a personal injury appeal on my own, or do I need an attorney?
Camden County personal injury appeals can be complex legal proceedings, and it is highly recommended to have an experienced appellate attorney represent you. The rules and procedures in appellate courts are different from those in trial courts, and specialized legal knowledge is required to present a persuasive appellate argument.
What are the common grounds for a personal injury appeal?
Common grounds for personal injury appeals include:
- Incorrect application of the law or misinterpretation of legal standards.
- Errors in admitting or excluding evidence during the trial.
- Misconduct or bias on the part of the judge or jury.
- Mistakes in the jury instructions that may have affected the verdict.
- Discovery abuses or issues with pre-trial procedures.
- Any other procedural errors that could have affected the outcome of the case.
Can I request a personal injury appeal if I lost my case on a contingency fee basis?
In a contingency fee arrangement, the attorney’s payment is contingent upon winning the case. If you lost the case and did not pay the attorney upfront, the attorney may not charge you for the appeal. However, the specific terms may vary depending on the agreement you had with your attorney. It’s essential to clarify this with your lawyer before pursuing an appeal.
If you or a loved one have been injured or worse, contact our Camden County wrongful death lawyers. We will help create a case and do our best to serve justice.