If the judgement or verdict of your
personal injury case is not exactly what you anticipated. Fortunately you do have the
option of appealing the decision. However, if you (the plaintiff) lose
your case, it is important to understand that you are not automatically
eligible for an appeal, which is why you should discuss the possibility
with your attorney.
What is the Appeal Process?
The appellate (appeal) process starts when your lawyer files a notice of
appeal. When you appeal, you become “the appellant” and the
defendant is considered “the appellee.” You need to expect
that your notice of appeal will be quickly followed by a Motion to Dismiss
the Appeal from the defendant’s lawyer.
If your appeal is dismissed, you may have to pay for the appellee’s
court costs and legal fees. On the other hand, to overcome a Motion to
Dismiss Appeal, there needs to be enough evidence of a
poor ruling made by a judge or jury.
The following are the three decisions an appellate court can make:
- Reverse the lower court’s decision (you win the appeal)
- Affirm the lower court’s decision (you lose the appeal)
- Send the case back for further proceedings
You must be prepared for the long run since this process is often time-consuming
and tedious. It may take around two or three years to receive a ruling
in appellate court.
If you are interested in seeking an appeal in New Jersey, schedule a
free consultation with our Bergen County personal injury attorney at
Brandon J. Broderick, Attorney at Law today.