Charles E. Boyk Law Offices, LLC
Appealing a Toledo car accident case requires a specific knowledge of the law. If a verdict is not a good result for the plaintiff, under Ohio law, a person can file a notice of appeal with the Court of Appeals. If it is a Lucas County or a Wood County Ohio case, the person would appeal to the Sixth District Court of Appeals. The record of the trial would be transferred to the Court of Appeals and each side would be able to file a brief which is a memorandum describing the assignments of air of the court below and that is set for an oral argument in the Court of Appeals. The Court of Appeals would then issue a written decision. Usually, their process would take anywhere from six to 12 months to complete. A professional Toledo car accident lawyer can guide you through the appeals process.
The Court of Appeals can affirm the trial court’s decision. They could also reverse the decision, which means they believe that the verdict is incorrect. They could also affirm part of the verdict and reverse part of the verdict. If they affirm the verdict, the individual would get the same amount of money that the trial court agreed to.
If they reversed, they could order that the case be retried by the court below. Another example would be if the defendants appeal the case and the verdict was affirmed and it was a high verdict. In that case, the plaintiff would be eligible for interest, which is called pre-judgment interest and post-judgment interest on the verdict meaning the amount would increase as a result of the appeal.
Initially, an individual would file a Toledo car accident appeal to the Court of Appeals. They would then have an opportunity, if either side did not like the Court of Appeals decision, to try to get jurisdiction in the Ohio Supreme Court. The Ohio Supreme Court only allows in a very small portion of the cases that jurisdiction is requested. A person would have to show that there was a dispute among the different courts of appeals in Ohio, which would basically be a conflict between the different courts of appeals or a person would have to show that there is a substantial legal question that would impact the entire state of Ohio. Realistically, 98 percent of the cases do not reach the Ohio Supreme Court.
From a verdict in the trial court to the Court of Appeals, a Toledo car accident appeal could take six to 12 months. If the case then was appealed at the Supreme Court, it would be another 12 months. Potentially, it could be two years.
People appealing their case should realize that it takes a long period of time, that there is a lot of work, it is an expensive process, and the goal would be to settle the case or to win the case at the trial court.
If the Toledo car accident appeal is lost, the trial court ruling would be a final order in which the insurance company would have to pay the amounts in the jury verdict. Losing an appeal that would be final and enforceable.
There is a 30-day time period in which a person can file an appeal. The most important action a person can take is contacting a car accident attorney as soon as possible in order to protect their legal rights before it is too late. Appealing a Toledo car accident case is a lengthy process – get started today by calling a lawyer.