What is the Difference Between a Trial and an Appeal in a Personal Injury Case?
The legal process can be a winding one, especially if you are dealing with a complex personal injury case. Sometimes a personal injury case that goes to trial will not always turn out the way one would like. After a decision has been rendered, though it is binding, there is always the prospect of appeal if you and your lawyer feel a matter of law was not decided properly. With that said, the differences between the two can be confusing if you are new to the legal process. If you decide to appeal, there will be some similarities between the process of going to trial and the process of appeal, but there are marked differences as well. The best way to explain their differences is to describe what each process sets out to achieve.
A trial is an argument over the facts of a case. In the instance of a personal injury trial, the goal is to determine who, if anyone, is at fault for injuries sustained by the plaintiff, and if the fault is the direct cause of the injury in question. Each side presents their side of the case, witnesses are called to strengthen each side’s case, and evidence is presented as well for the same purpose. At the end, a jury decides whether the plaintiff has proven beyond a preponderance of the evidence, that the defendant is at fault or not. If so, then damages will be calculated and awarded. Some trials do not have a jury, and are simply decided by a judge, who serves the same function as the jury, coming to a determination of the merits of the case, and the amounts, if any, to be awarded.
An appeal on the other hand is an argument about the law. There are no witnesses or evidence presented, unless it would directly impact the facts of the case as previously argued at trial, which would require a new trial altogether. In general, the facts of the previous trial are taken as they were presented. The plaintiff or the defendant in an appeal try to argue that the trial was not properly decided as a matter at law, either because of misapplication or misinterpretation of the law. An appeals court will have more than one judge that decides if there actually is a question of law at hand, and if the previous court’s decision should be affirmed or overturned. If it is affirmed, then all further movement on the case ceases, and the defendant and plaintiff have to accept the previous court’s decision. If it is overturned, then the decision is rendered invalid.
At all stages of trial and appeal, having a good personal injury lawyer is important. These are essentially venues for a highly specialized form of argument, and good personal injury lawyers are uniquely qualified to strike and parry with legal nuance. If you are seeking such a personal injury lawyer, you should start by contacting the California Attorney Group who will recommend or assign one of their personal injury lawyers to take on your case. All of their lawyers are experienced legal experts in the field of personal injury law, and will represent you through the trial and/or appeals process so that you can get the compensation you seek.
