A property owner can be held responsible for any damages, injury, or death if they are responsible for creating a dangerous condition. This is according to California’s premises liability laws. However, for one to receive compensation, one must fulfill specific legal requirements. If you have met all the requirements but feel the ruling is not fair, you have the legal right to file an appeal.
This is where you need to seek the services of a San Diego premises liability appellate lawyer. The million-dollar question people ask is why do I need a different lawyer for my appeal from a trial lawyer? The primary reason why it that a trial lawyer may have tunnel vision. Appeals demand a different perspective. Furthermore, the process and expertise needed are different from a new trial.
Gusdorff Law specializes in federal and state appellate cases in San Diego, California. We focus on employment law and personal injury appellate litigation, including product liability appeals. Having been certified by the California Board of Legal Specialization, Janet Gusdorff offers a unique approach and outlook when it comes to premises liability appeals.
My mission and the mission of Gusdorff Law Firm is to offer help to our clients to challenge unfair rulings. Remember, every case is different. As such, the approach to each will differ. Furthermore, due to this fact, we offer a tailored made approach and fee to meet the unique needs of our clients. To know more about our legal services and fees, call 818-877-4515 for a free consultation.
Can I File an Appeal for My Premises Liability Verdict?
Everyone in San Diego, California has the legal right to file a premise liability appeal for a verdict they feel was unfair. However, for an appeal to be successful, one has to provide strong reasons for the request.
NOTE: The appellate court will not accept any new evidence because an appeal is not a new trial but a revise for the ruling.
On the other hand, it is important to note that if you settle your case out of court or agree on a settlement, you forfeit the legal right to appeal later.
What Are Some of the Reasons That I Can File an Appeal?
Once your case gets to court, the chances are either one of you (the plaintiff or respondent) is not going to be happy with the judgment. Even if this is the case, you cannot justify an appeal because you are unhappy or do not like the sitting judge. The reason must be reasonable.
In fact, an appeal can only move to the appellate courts when you prove that a law error was committed or lack substantial evidence. Otherwise, without showing either one of these reasons, your appeal will be rejected. The court will not bother going through the writ submitted.
Some examples of the reasons an appeal can be filed include:
- The ruling given was against the guidelines of the law.
- Insufficient evidence was produced to justify the verdict.
- The court declined testimony from your expert witness.
- The judge explained the law in a prejudiced manner to the jury.
- The judge declined evidence that should have been permitted.
- The judge instructed the jury to apply laws that do not meet your litigation.
If you believe your case falls under either reason, you can file an appeal. However, you should provide strong and clear evidence to support your request for an appeal.
What Should I Expect in the Appeal Process?
The process for filing an appeal is long, complicated, and demands the services of an experienced appellate litigation attorney. Remember, the reason for an appeal should be valid. The most difficult thing is proving the trial court made a mistake. It is important to note that in the appellate court does not consider new evidence.
An appellate lawyer outlines the argument for why a decision should be reversed in a brief. The appellate court will have to follow some reviewing standards to determine if a mistake was committed. The technical jargon for the reviewing standard is knowns as the Standard of Review. There are three types of Standards of Review. These are:
Abuse of Direction Standard
This type of standard of review happens when the trial judge makes a judgment that does not apply to your case or randomly. The primary role of the appellate court is to review the case mainly based on the court’s use of direction.
Substantial Evidence Standard
This type of standard of review is based on not providing substantial evidence to warrant the verdict. Under this type, the primary function of the appellate court is to review the evidence provided and if it reasonably supports the ruling given.
‘De Novo’ Standard
De Novo is a Latin word that means “From the Beginning.” Under this type of standard of review, the court will review the judgment. For the appellate to be fair, they will look at the case as if a ruling has not been passed. Though, this type of standard of review is only limited to issues regarding the interpretation and application of the statute.
Why Should I Hire Gusdorff Law Firm to File My Appeal?
We strive to offer a unique perspective in appellate litigation to make it a success. Our services are tailor-made to meet the needs of all our clients. We do this because we know that every case is different.
The million-dollar question people ask is why do I need a different lawyer for my appeal from a trial lawyer? Well, a trial lawyer may be tempted to handle the appeal process mainly because they are familiar with the facts of your case. However, this is not a wise move to make if you wish to get justice. In fact, a wise trial lawyer will either recommend that you look for an appeal lawyer or look for one on your behalf or simply work together with an appellate litigation lawyer.
The primary reason why it is not wise for your trial lawyer to handle your appeal is that they may have tunnel vision. This means the angle of representation is going to be the same way as the first time. This may make them easily lose the objective. Writ or appeals demand a different perspective. Furthermore, the process and expertise needed are different from a new trial.
Contact a Trusted San Diego Premises Liability Appellate Lawyer
For legal representation and advice, call the number 818-877-4515, and speak to an attorney about premises liability appeals.
Gusdorff Law offers appellate litigation services to all residents of San Diego, California. Therefore, if you are looking for a skilled and experienced premises liability appeal attorney call Janet Gusdorff. You will receive legal counsel and guidance that will meet your needs. Start by dialing 818-877-4515 to learn more about your case.