As a personal injury victim, the last thing you want to do is go through the lengthy process of an appeal. However, sometimes it can be necessary if you’re not satisfied with the results of your trial. In North Carolina, filing an appeal can be complicated, as it requires specific paperwork and deadlines. Here’s how to win your North Carolina personal injury appeal.
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Understand the Appeal Process in North Carolina
Before jumping into the appeal process, it’s essential to understand how it works in North Carolina. In a personal injury case, the trial process involves presenting evidence, cross-examination, and final arguments from both parties. If the verdict is not in your favor, you have the option to file an appeal.
Three judge panels usually hear these appeals and can set aside the lower court’s decision, order a new trial, or affirm the decision. However, winning an appeal requires a different approach to the case than at trial. It would be best to work with an experienced personal injury attorney who can guide you through the process and utilize the opportunity.
Appeal Timeline in North Carolina
In North Carolina, you have thirty days from the date the trial court enters a final judgement to file your notice of appeal. The thirty days include weekends and holidays, so it’s essential to follow upon the deadline strictly. An experienced attorney can help you make this timeline effectively.
After filing the notice of appeal, you have ten days to designate the record on appeal. This record should contain any relevant documents and transcripts from the lower court’s trial proceedings. The record on appeal provides the basis for arguing your case before the appellate court.
Grounds for Appeal
Winning a personal injury appeal in North Carolina will require that you show that the trial court made a mistake. These errors can include failure to follow proper court procedures, improperly admitting or excluding evidence, or making incorrect rulings. The plaintiff must show that the mistakes made were "harmful errors" that affected the outcome of the lower court’s decision.
Your lawyer will need to carefully analyze the trial court proceedings to identify potential errors. Once those errors are identified, you still need to convince the appellate court that they were harmful to your case. Reviewing the case thoroughly with your attorney can help develop the best argument to establish that these errors directly impacted your case.
Filing a Brief
Your written appellate arguments are called a brief. A brief is your opportunity to lay out the reasons why the court should grant your appeal. It’s essential to work closely with your attorney while drafting your brief, as it’s the most crucial part of the appeal process.
A brief should contain a description of the legal issues, a statement of the facts, a detailed argument as to why the appellate court should overturn the lower court’s decision, and/or instruction as to which decision should be reached. It should be well organized, precise, and easy to understand for the appellate court.
Oral Arguments
After submitting the brief, both the plaintiff and defendant are usually granted an opportunity to present oral arguments before the appellate court. Oral argument gives attorneys a chance to respond to questions presented by the judges.
Oral arguments aren’t necessarily required for the decision, but it’s an opportunity to clarify the issues presented in the appeal and help sway the appellate court’s decision.
Final Decision
Finally, the appellate court will make a decision and file an opinion. It can be affirmed, reversed, or remanded (sent back to the lower court). This decision is final unless further appeal is possible, but it only occurs in a small number of cases.
Final Thoughts
Winning a North Carolina personal injury appeal is no easy task, but it is achievable with an experienced personal injury attorney by your side. Working together to research the relevant legal issues, analyzing the trial court proceedings, and drafting a persuasive brief can all go a long way in winning your appeal. An attorney can help streamline the process and ensure all deadlines are met, maximizing your chances of success.