At Harris & Harris Injury Lawyers, our Las Vegas appellate lawyer understands that complicated legal issues require undivided attention in order to enhance the chances of success on appeal. If you are in need of appellate counsel, call us at (702) 384-1414 and schedule a free consultation today.
Appeals are an integral part of litigation, as they allow a losing party to have a trial court decision re-tried. In other words, a loss in court can turn into a win on appeal, and vice versa. Which is why it is critical to anticipate, prepare for, and successfully handle all phases of litigation.
The appeals process has many unique issues, for example, involving appellate jurisdiction, standard of review, and waiver. An appellate lawyer with years of experience develops a broad understanding of legal principles, trends, and arguments that are likely to win, as well as advanced persuasive writing skills that are critical to an appeal.
Your trial lawyer may have a thorough understanding of your case, but it doesn’t mean he or she is the best person to handle your appeal. Trial lawyers are often not as well versed in the nuances of appellate procedure, as they typically only handle appeals once every few years. In addition, appellate attorneys will not have the memory of what occurred at trial, giving them the ability to view the record objectively and as an appellate court would.
The appellate process takes a trial court ruling and puts it before a higher, appellate court. The job of an appellate lawyer is to explain to those judges that the lower court’s decision was either wrong or was right, and as concisely as possible. If an appeal is granted, it may result in a revision to the jury’s verdict for damages, overturning the verdict entirely, or remanding the case to the lower court for a new trial.
For example, if you lost an injury case, the higher court can determine if the defendant should have actually been held liable and may overturn the verdict and grant you damages. Whereas, if you won your injury case, the defendant has the option of appealing the court’s ruling, which can lead to it either being upheld, altered, or taken away entirely.
Although you may have the right to appeal, being unhappy about the verdict is not a sufficient reason to file one. In civil cases, either party has the right to appeal if there is a valid legal error committed in the case. The party that files an appeal is the appellant, and the other party the appellee. The appellant must file their own brief, containing a written legal argument that demonstrates their view of the facts and why they are seeking a reversal. The appellee then has a specified amount of time to file an answering brief, and in turn the appellant can file a second brief as an answer. The appeals court may make their decision solely based on the written briefs, or they may also hear oral arguments prior to deciding if there is a reversible error in the case.
Our team at Harris & Harris Injury Lawyers has the skills, resources, and experience to give you the best chance of receiving a favorable outcome in your appeal. Contact us today for a free consultation.