Appealing a Personal Injury Judgment in Fort Lauderdale Brought to you by: Alitowski & Moore 707 NE 3rd Avenue

Suite 201 Fort Lauderdale FL 33304 954-523-5333 954-523-6938 888-275-2637 888-Ask-Andrew Most judgments of the trial courts at the state or federal level, including judg ments relating to personal injury cases, are subject to an appeals court review. The appeal may be related to the order of a trial court judge or the final judg ment pronounced by the jury. The appeals court may then undertake to review the proceedings of the trial to look for any possible errors of law. The attorneys o f the involved parties submit their briefs before the court and may be allowed t o make an oral argument. Once the appeals court has reviewed the case, it will announce its decision. The parties making the appeal should understand that once the appeals court gives a decision, they are left with limited opportunities to make any further appeals. However, if the concerned party and their attorneys are convinced about the leg itimacy of their personal injury case, they should file an appeal. A personal in jury lawyer in Fort Lauderdale may decide whether to file an appeal after assess ing the facts carefully and discussing the further action with the client. The Door is still Ajar Giving up should not be an option. Just like no home is exactly alike, not every case is exactly alike. If the evidence has not all been shown to the court or i f someone s testimony was not heard then your case still has life. This is where a p ersonal injury lawyer in Fort Lauderdale not only steps into the picture but con tinues to focus on your case. It is probably not their fault that you lost the c ase initially. Perhaps some evidence was not available, someone lied, or a key w itness was not available. The variables are high in quantity but do not give up because the truth still has room to prevail. This is probably the best chance yo u have in overturning the original verdict. Not only do you have to have a dedic ated attorney but you should be working as a team. Difference between an Appeal and a Trial Unlike a trial, the appeal process does not involve a jury, or presentation of p hysical evidence, or testimony of eyewitnesses and their cross-examination. An a ppeal in a personal injury case is a review of how the trial court applied the l aw in the particular case. The appeals court will accept the basic facts of the case as they have emerged during the trial proceeding. The only exception to thi s may be when the appeals court finds a particular fact clearly contradicting th e evidence presented. This is what was briefly mentioned above. Another key difference between an appeal and a trial is the number of judges tha t may be involved. The trial is typically presided over by a single judge. Howev er, an appeals court may include several judges who hear the case at once. The e xact number of judges may depend on the jurisdiction where the appeal is being h eard. At the initial level of appeals courts, anywhere between three to a dozen or more judges may be a part of the court. However, in larger courts the full be nch of judges does not normally hear the appeal at once. Very often a panel of t hree judges may hear appeals in personal injury cases. Plaintiffs can learn more about the appeal process through their personal injury lawyer in Fort Lauderdal

e. Written Appellate Brief The written appellate brief in a personal injury case is filed by the attorneys of both sides. It is primary form of persuasion presented before the appeals cou rt. Through this brief, the side that lost the case in the trial court will argu e that the law was applied incorrectly by the trial judge. The side that won the case will argue in support of the decision of the trial court. Both sides will typically defend their positions by referring to the applicable statutes of case law. A personal injury appeal is more of a technical proceeding compared to the trial . The trial lawyers are expected to be legal strategists in the courtroom. They are expected to make motions and objections, present physical evidence, call wit nesses, and cross-examine witnesses. However, the appellate attorney focuses on the appellate brief to build their case even before the appeal is heard. The par ty who lost the case may get in touch with a personal injury lawyer in Fort Laud erdale with experience in appellate law. Appeals Court Decision The decisions of the appeals court turn on the record, which involves accurate d ocumenting of the proceedings that took place in the trial court. This record in cludes the complaint of the plaintiff and the reply of the defendant, pre-trial motions, a complete transcript of what was discussed during the trial, the evide nce exhibits, post-trial motions, and any such exchanges with the judge that occ urred on the record . In other words, the fate of an appeal primarily depends on what ranspired during the trial. An experienced personal injury lawyer in Fort Lauder dale may offer effective legal assistance to a party involved in such a case or rather appeal. Article by Benjamin Roussey