When you are involved in a car accident and you believe you're not at fault, you will usually want to settle your case out of court. However, there are some cases where you might consider taking your case to court. One of the downsides of fighting your car accident case in court is that you might lose your case and be left with nothing to show for it. However, you can, fortunately, appeal court decisions.
Appealing a Court Decision
An appeals court reviews all civil decisions by a federal or state court. They review what occurred during the court proceedings for any errors of law. For example, if the decision for your court case was based on evidence that should not have originally been included, the court may choose to reverse the decision.
After the decision is reversed, both lawyers can submit briefs. They may be allowed to give oral arguments. The appeals court makes their decision. There are other opportunities for an appeal after the initial appeals court but these opportunities are more limited.
Unlike with a trial, you will definitely need to rely on your auto accident attorney with an appeal. There are no juries and you do not have an opportunity to call upon witnesses. The number of judges that hear the case can range from three to a few dozen. Typically, the larger the court, the fewer number of judges that would hear an appeal.
Winning a Case in the First Place
If you are able to win your case and don't have to appeal, your case will move forward much more quickly. An auto accident case is won based on the evidence you present. This may include witness testimony, police reports, photographs, surveillance footage, and expert witness testimony. The defendant also has an opportunity to present evidence.
You will also need to present evidence related to the damages you have suffered including medical bills. You must not only prove that the other driver was negligent but also that you suffered specific economic damages and non-economic damages such as pain and suffering.
You will be considered the most important witness and will be called upon to testify. The defendant will have an opportunity to cross-examine you and will also have a chance to question your witnesses. The decision will usually be made by a judge, known as a bench trial, but you may request a jury trial. Make sure to ask your auto accident attorney about which option is the best.
For more information, contact an auto accident attorney today.