The Process Of Making An Appeal For A Personal Injury Claim
Most personal injury claims are settled outside of the courtroom by negotiating with the insurance company of the at-fault party. However, when negotiations fail, a trial may be necessary. If this happens to you, you might also need to think about making an appeal if the outcome isn’t what you expected. Here’s everything you need to know.
How can you make an appeal?
When you launch an appeal in a personal injury case, you’re essentially asking the higher court to review a decision that the lower court made about who was at fault for the accident that caused your injuries or the amount of money the lower court said was appropriate to compensate you for your injuries. You can’t simply appeal a judge’s decision just because you don’t like the result, you must prove that the judge made a legal or factual error that affected the outcome of your case.
In Canada, you have 30 days from the date of the judgment to file your appeal. This process requires you to file formal court paperwork, such as court transcripts, a docketing statement and a written argument that explains where the court made errors. Furthermore, just because you launch an appeal, doesn’t automatically mean the court’s ruling will be beneficial to you. For example, the judge may find that you’re actually owed less money than the initial court ruling gave you. That’s why it’s best to consult a personal injury lawyer to determine if filing an appeal is in your best interest.
How long does the appeal process take?
Every appeal is unique. Many factors can influence how long an appeals decision will take, such as the judge’s current caseload, the complexity of the case and the number of documents that need to be reviewed.
Why should you hire a personal injury lawyer?
If you or a loved one has been injured following an accident that was someone else’s fault, the long and often complex process of filing a lawsuit can feel overwhelming. Unfortunately, things become even more difficult if you need to make an appeal. Hiring a personal injury lawyer to take the legal matters off your hands will ensure you focus on getting the treatment and care you need.
Qualified personal injury lawyers in Northern Ontario
The dedicated personal injury lawyers at Feifel Gualazzi specialize in obtaining financial security and compensation for individuals who sustain personal injuries in car accidents, ATV crashes and other traumatic incidents. Our team has extensive experience in handling mediations and arbitrations. Furthermore, if your accident benefits claim goes to court, our team will tirelessly defend your rights to ensure you get a fair outcome. Contact us today for a free consultation