When someone loses a personal injury case in Waldorf, they may feel the decision was unfair or wrong. If this happens, they can file an appeal. An appeal is a legal request for a higher court to review the decision made by a lower court. Appeals are important because they help make sure that justice is served and that court decisions reflect the law.
If you’re considering an appeal, speaking with a personal injury lawyer in Waldorf can help you understand your options and protect your rights.
When Can You Appeal a Personal Injury Case?
Not every case can be appealed. In Maryland, you can only appeal a final judgment — that is, a decision that resolves your case in the trial court. You can’t usually appeal minor decisions that happen during your trial unless they directly affect the final result.
Here are some common reasons people appeal:
- The judge allowed evidence that shouldn’t have been admitted.
- The judge gave the jury wrong instructions.
- The law was applied incorrectly.
- There was not enough evidence to support the decision.
If you believe one of these things happened, you might have a good reason to file an appeal.
The Maryland Appeals Process
Filing an appeal in Maryland involves several steps and strict deadlines. It’s very important to act quickly and follow the rules exactly.
Step 1: Notice of Appeal
The first step is to file a Notice of Appeal with the court that decided your case. In most Maryland personal injury cases, you have 30 days from the date of the judgment to do this.
Step 2: Prepare the Record
Next, the court will prepare a record of your case. This includes transcripts of what was said during the trial, evidence that was shown, and any documents the court used to make its decision.
Step 3: Write the Briefs
Both sides will then write briefs, which are written arguments explaining their side. The person appealing (called the appellant) will explain why they think the decision should be changed. The other side (the appellee) will argue that the decision should stay the same.
Step 4: Oral Argument
In some cases, the court may schedule an oral argument. This means lawyers from each side will speak in front of a panel of judges to explain their positions.
Step 5: The Decision
After reviewing everything, the appellate court will make a decision. They can:
- Affirm the decision (agree with it)
- Reverse it (change it)
- Remand it (send it back to the lower court for a new trial or further action).
Appeals can take several months or even years, so patience is key.
What an Appeal Is Not
An appeal is not a new trial. You do not get to call new witnesses or submit new evidence. The appellate court only looks at what happened during the original trial and decides if the law was followed correctly.
It’s also important to understand that just because you disagree with the outcome doesn’t mean you will win an appeal. You must prove that there was a specific legal error that changed the result of your case.
How Long Does an Appeal Take?
Appeals typically take longer than trials. In Maryland, an appeal can take anywhere from several months to over a year, depending on the court’s schedule and the complexity of the case. While waiting, the outcome of the original case remains in effect unless the appellate court says otherwise. For example, if you were ordered to pay money, that order may still stand while the appeal is pending.
What Happens if You Win an Appeal?
If you win your appeal, there are a few possible outcomes:
- The court might reverse the decision and rule in your favor.
- The court might send the case back to the trial court for a new trial.
- The court might change only part of the decision, such as reducing the amount of damages awarded.
Winning an appeal doesn’t always mean you’re done — you may need to go through more court proceedings depending on what the appellate court decides.
What Happens if You Lose an Appeal?
If you lose your appeal, you can sometimes ask a higher court to look at your case. In Maryland, this would be the Supreme Court of Maryland, which is the state’s highest court. However, the Supreme Court of Maryland doesn’t have to hear every case; it usually only picks cases that involve important legal questions. If all appeals are denied, the original decision stands, and you must follow it.
What’s Better: an Appeal or a Settlement?
Some people wonder if they should appeal or try to settle. This depends on the facts of the case. If you still have a chance to negotiate with the other side, settling might save you time and money. However, an appeal may be the best option if your case involves significant legal errors or if you believe the trial court’s decision was unjust.
Contact a Maryland Personal Injury Lawyer at Alpert Schreyer Personal Injury Lawyers for a Free Consultation
Appeals give injured people a second chance to get justice if something went wrong during their trial. But they are not easy or automatic. If you think you need to appeal a decision in Maryland, work with a skilled Maryland personal injury attorney who knows how the appeals process works. Appealing your case might feel overwhelming, but with the right legal help, it can also be your path to a fairer outcome.
Call Alpert Schreyer Personal Injury Lawyers today to schedule a free consultation.
