Appealing an Oklahoma City Car Accident Case
After your car accident case is over, you may wish to move on as quickly as possible. In some cases, unfortunately, an adverse verdict in court requires you to appeal the decision before a higher court to recover the compensation that you deserve.
Reaching a positive outcome on appeal requires the assistance of an experienced, capable personal injury lawyer. The appeals process can be complicated, and you need someone on your side who could adequately represent your interests. Contact an attorney today for help appealing an Oklahoma City car accident case.
Grounds for Appealing an Oklahoma City Car Accident Case
Individuals may be unsuccessful on appeal if they do not have adequate grounds for challenging the judgment of the trial court. Disliking or disagreeing with the outcome of a case is not a sufficient ground for an appeal in a civil case.
An appeal may be successful if individuals believe that the judges who decided the original case at trial abused their discretion. However, trial judges have broad discretion in civil cases, and individuals may find it challenging to reverse trial court decisions on appeal. Errors of law also are a frequent basis for appeals of car accident cases. If a judge accepted evidence into court that had no legal basis for inclusion, that might be grounds for an appeal.
Procedures for Initiating an Appeal
Individuals who wish to appeal a verdict in a car accident case or any case must follow specific procedural rules to be eligible to do so. However, filing an appeal in a car accident case in Oklahoma City is typically not possible unless persons file their appeal within 30 days of the final judgment of the court. Missing this deadline may bar individuals from pursuing an appeal, no matter how incorrect the court decision may have been.
A first step toward appealing a verdict is to file a petition in error with the Oklahoma Supreme Court. A petition in error states the type of case, the names of parties, and a brief overview of the facts and the issues on appeal. Again, this petition must be filed within 30 days of the final judgment, or individuals may waive their rights to appeal.
The next steps of an appeal involve directing the clerk of the court to compile the record, which usually contains a transcript of the trial, exhibits admitted into evidence, and other court documents. The clerk has six months in which to complete the record.
Arguing an Oklahoma City Car Accident Case on Appeal
Following the compilation of the record, the appealing party, or the appellant, must file a brief that outlines the errors made at the trial that require the appellate court to reverse the case. The appellant has 60 days to file the brief, and the other party has 40 days following the filing of that brief in which to file its answer brief. Within 20 days of filing the answer brief, the appellant can submit a reply brief.
Eventually, either the Oklahoma Supreme Court or a three-panel judge of a division of the Oklahoma Court of Civil Appeals will decide cases on appeal. The court will either affirm the trial court decision or reverse it. There is no timeframe in which the court must issue its decision on an appeal.
Work Toward Appealing a Car Accident Case in Oklahoma City
The rules that govern the appeal of a car accident case can be confusing and overwhelming for individuals who are disappointed by the outcome of their cases. Appealing a car accident case in Oklahoma City is not a simple task, but legal counsel may be able to assist you throughout this lengthy process. Contact an experienced attorney today to learn about your options following a disappointing verdict.