Appealing a Car Accident Case in Denton
If you believe there was an error in your vehicle wreck case that impact the judgment, you may have grounds to file an appeal. However, appealing a car accident case in Denton is complex and requires substantial legal knowledge.
These cases require the care and attention of a well-practiced legal professional. For this reason, it is highly encouraged that you speak with an experienced local attorney when considering filing an appeal.
Grounds to File an Appeal for an Auto Collision Verdict
It is important to know that people appealing a car accident case are not typically appealing the result, but rather a process or ruling. Appealing exists to correct errors, not simply to overturn an unfavorable result.
To appeal an error, a judge has to make a ruling and that ruling has to be preserved throughout the trial. In other words, if the lawyer believes that reversible error has occurred and has been properly objected to, the lawyer must still be on his toes and object to his opponent attempting to allow the evidence to come in in another manner. If an attorney objects that a particular piece of evidence is hearsay, the Denton lawyer has to preserve that all the way through trial in order to have the court of appeals look at it.
There are different rules on appeal for a fundamental error versus a regular error. Fundamental error does not have to be preserved. In other words, they can be brought up for the first time on appeal, regardless of whether the litigant objected and obtained a ruling on his objection or not. It is a dangerous position to be in if you are relying on unobjected to fundamental error to overturn a trial result.
Appellate Process for a Vehicle Accident Case
Someone wishing to appeal their car wreck case can do so within 30 days of judgment being signed by the judge. The litigant can also file a motion for a new trial that extends the judge’s jurisdiction, which also needs to be filed within 30 days of the judgment being signed by the judge to extend the appellate time deadlines to perfect the appeal.
Even auto collision attorneys in Denton often hire specialists that deal with appeals because of the unique rules of appellate procedure change frequently. The appellate counsel and lawyer will work together to identify the errors that occurred in the trial that may have the greatest chance for success. The appellate rules provide that the party appealing the case must insure that the appellate record is complete and that the relevant portions of the trial transcript are prepared and filed in the appellate case. Thereafter, the issues must be meticulously briefed first by the challenging party, then by the party being challenged. The court then may thereafter either issue a ruling before or after oral arguments on the merits of the appeal. The court will thereafter issue a ruling which itself may be subject to additional appeals or motion practice before knowing whether the appeal is successful or not.
How Long Does an Appeal Take?
The length of time a car wreck appeal takes depends on the specific circumstances of the case. Most appeals take between one and three year, but they can take longer, especially if the case goes to the Supreme Court. In such case, it can take anywhere from two to six years to resolve.
Additionally, sometimes a case can be appealed more than once. Some car crash appeal cases allow for what is called an interlocutory appeal, or mandamus, in which a judge can be challenged before the case is disposed of. This can delay the case for years.
Call a Denton Attorney for Help Appealing a Car Accident Case
Successfully appealing a car accident case in Denton is extremely difficult without skilled legal guidance. These cases require substantial evidence that an error occurred in the previous trial. Our hardworking attorneys could review your case and determine if you have grounds for appeal. Call today to schedule your free consultation.