A car accident case can end in several ways that are unfavorable to the victim. A case could be dismissed by the judge, or procedural errors in a trial could have a negative impact on the verdict. In these cases, appealing a Boynton Beach car accident case could give victims a second chance in court.
If you need help understanding how to proceed after a car accident, set up a free consultation with Kogan & DiSalvo. Our dedicated car collision lawyers have years of experience fighting on behalf of car accident victims. We could analyze your case and be your advocate at every step of the process.
Dismissal of Cases
The litigation process begins when the plaintiff files a complaint. Then the defendant will be served and they either file a motion to dismiss the complaint or they file an answer. The complaint can be dismissed right at its inception if it is not procedurally proper. Usually, dismissal is much rarer after the complaint has been served, but a case can be dismissed during the course of litigation for various reasons.
If the defendant files a motion to dismiss, the judge has to determine whether it is a valid basis to dismiss the complaint. If the judge does not dismiss at that point. they still may dismiss later on if the facts of the case warrant it.
A case could also end when one party files a motion for summary judgment. This is a legal maneuver by which the liability can be decided without a trial. The party filing the motion says that based on all the evidence, presented in a light most favorable to the other side, there is no way to lose the case. The judge then renders a judgment and the parties move through the damages of a case.
Grounds for Appeal
If a jury gives the plaintiff not enough money for damages or the verdict is otherwise unfavorable to the plaintiff, that verdict by itself is not grounds for an appeal. Generally speaking, the actions of a jury are not going to warrant an appeal or a new trial.
An appeal is based on errors, mistakes, or inappropriate conduct during a trial. During the course of a trial, the judge will make decisions about what evidence is admissible, what expert testimony should be allowed, and whether a comment made by one of the attorneys during closing argument was appropriate or not.
The decisions that the judge makes as a trial goes along could be the subject of an appeal, but they have to be properly preserved. There is a whole procedure that goes on after someone moves for a new trial. The judge decides whether the new trial should be granted based on the errors brought to their attention, and if they deny the motion for a new trial, then it is taken up to the appeals court.
The appeals court looks over the record and decides whether or not the errors the judge made were so egregious that they warrant a new trial. If not, they send it back and say that the verdict stands. For more information about appealing a Boynton Beach car accident case, reach out to one of our knowledgeable lawyers.
Discuss Your Case With a Boynton Beach Car Accident Attorney
Appealing a Boynton Beach car accident case could give victims a second chance to recover compensation for their injuries. However, an appeal is only warranted if a case meets certain criteria. For help understanding your legal options, seek the services of our experienced car accident attorneys at Kogan & DiSalvo. At your free consultation, we could break down complex statutes and legal procedures into everyday language so you could make an informed decision.