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The Florida Appeals Process

gavelJust as in other cases, most personal injury cases never make it to trial. According to some estimates, only about 10 to 15 percent of cases actually go to trial. Whether you have been injured in a car accident, in a slip and fall, or by a defective product, our skilled Miami injury attorneys can help. We try to save our clients time and money through settlement agreements, but rest assured that we are prepared to advocate for you at trial if necessary. In fact, we are well-versed in the appeals process as well and will not stop fighting for your rights until you get the justice and compensation you deserve.

Personal injury cases can be time-consuming. The average length for these types of cases can be between 12 and 18 months. A party who is unhappy with the outcome of a trial may be able to appeal the decision. However, no party can appeal a decision without having an issue that is legally appealable. An issue may be appealable in a number of ways. In order for you to be able to appeal, there must have been an error of law, fact, or procedure in your trial. Your lawyer will be able to scrutinize the facts of your case and let you know if an appeal is possible in your case.

In the context of personal injury cases, the appeal will likely happen when a circuit court decision has been rendered, and one party files a notice of appeal with the district court of appeal in the area. The notice is vital, and you typically have 30 days to file the notice of appeal after the initial court decision is announced.

Once the notice is filed, the appealing party must provide a record of what happened at the circuit court, including transcripts and filings, and submit briefs highlighting the reason for appealing and why the outcome should be reversed. The other side then has a chance to submit their documents and respond to the briefs. Once this information is prepared, it is assigned to a panel of three judges for review. At this point, both sides may need to make oral arguments in front of the judges. The panel then issues a decision.

The panel of appellate judges may do one of the following:  affirm the lower court’s decision; reverse the lower court’s decision if it is deemed to be erroneous; or reverse and remand to the lower court for further proceedings. In some cases, the panel may determine that a mistake that occurred during trial was harmless and did not affect the outcome of the case. In these instances, the original decision will likely stand.

Most civil cases settle prior to the matter reaching court. At the Law Offices of Robert Dixon, our Miami injury attorneys can represent you in virtually every type of personal injury claim. Not only that, we can represent you in every setting:  a settlement conference, a courtroom, or even at the appellate level. For more information, do not hesitate to call us at 1-877-499-HURT (4878) or reach out to us online today.

More Blog Posts:

Tesla Autopilot Accidents in Florida – Who is Liable?, South Florida Injury Lawyer Blawg, October 7, 2016

Dangerous and Defective Florida Roadways, South Florida Injury Lawyer Blawg, October 7, 2016

Appliance Accidents in Florida, South Florida Injury Lawyer Blawg, October 7, 2016