Appealing Chattanooga Car Accident Cases

Car accident victims do not always receive a favorable outcome. In some instances, the injured party might receive damages that do not seem satisfactory, or they might not receive damages at all. If that happens, the individual does have the option of appealing their case. Appealing Chattanooga car accident cases can be difficult to do alone, which is why it is important to work with a capable car accident attorney. A skilled lawyer could devote the time and resources necessary to receive a positive outcome for them.

The Process of Appealing a Case

To appeal a case, a plaintiff has to file a notice of appeal with the court within 30 days after a final order is entered. If a judge enters a final order dismissing a case or if a judge enters a final order on a jury’s verdict or a judge’s verdict, the plaintiff must appeal within 30 days of that final order. An exception to that is, in some cases, a plaintiff is required to file a motion or certain types of motions to ask the judge to change the ruling that has been put down and give the judge a chance to hear the plaintiff’s arguments after the final order before the appeal. That will extend the amount of time within which the plaintiff is allowed to file the notice of appeal. If a plaintiff wins the appeal, they would be able to come back to the trial court in most cases and have a new trial or get more damages. It can increase the amount of money or the amount of damages that a plaintiff can recover. Appealing Chattanooga car accident cases allows individuals to receive a more favorable outcome.

Length of Time an Appeal Could Take

Generally, an appeal will take about a year. Sometimes it could take a year and a half, but it is in the neighborhood of a year. An appeal can be shorter with certain efforts taken. If it is an appeal during the middle of a case, it will often be shorter There are fewer issues that are being taken to the appeals court, but it does not typically vary too much. Sometimes the Court of Appeals will grant extensions and give people extra time for certain things, which will increase the length of the appeal. Sometimes the appellate court will take a long time deciding the case, which can increase the length of the appeal. If a case is particularly complicated that is more likely.

What Happens if the Appeal is Lost?

If a party loses their first appeal to the Tennessee Court of Appeals, the party is entitled to file a request to appeal to the Supreme Court. The Supreme Court evaluates that request and either grants them permission to appeal or denies permission to appeal. If the Supreme Court grants permission to appeal, the appellate process starts over again in the Tennessee Supreme Court. It goes through a similar process of filing briefs, scheduling oral arguments, and waiting for the court’s rule. If the Supreme Court denies the appeal, the case is over. If someone loses at the appellate court level and they do not get an appeal to the Supreme Court level, the case ends.

The Amount of Times Someone Can Appeal a Case

Appealing Chattanooga car accident cases is only possible when the case is over. There are certain issues that allow a person to file an appeal while the case is pending, but those situations are rare. After someone appeals in Tennessee, they go to the Tennessee Court of Appeals After the case is resolved by the Tennessee Court of Appeals, they can appeal to the Tennessee Supreme Court. There would be two appeals that a person can ask for. The State Supreme Court is not required to grant the appeal. A person may ask for that appeal and it would not be granted, but they have a right to appeal to the Tennessee Court of Appeals.

How a Chattanooga Car Accident Attorney Could Help

One of the aspects that makes appealing Chattanooga car accident cases difficult is that it is very difficult to get a trial court overturned on appeal in a car wreck case. However, skilled car accident attorneys could handle all of the legal aspects of appealing a case. The lawyer could gather all of the records from the trial court, make sure they get transmitted to the Court of Appeals, draft the brief that would go to the Court of Appeals, go to the Court of Appeals and make oral arguments in most cases, and file any motions that would be necessary. If an individual is interested in pursuing an appeal, they should retain the services of a capable attorney that could fight for them.