Justice is impartial, but the people tasked with ensuring just outcomes in both criminal and civil courts are required to remain vigilant for procedural violations, legal errors, and any other inappropriate action that could unfairly influence a judge or jury. Unfortunately, nobody is infallible, and it is possible for the law to be improperly applied or for a plaintiff to be denied a fair opportunity to present their case during lawsuits involving injuries caused by dangerous property conditions.
If your premises liability claim ended with a verdict in civil court that you believe was unfair for specific legal reasons, you should consider reaching out to a Lake County premises liability appeals lawyer as soon as possible. While getting an unfair verdict changed on appeal is not impossible, it can also be a complex and challenging process without support from seasoned premises liability attorneys like the team at Largey Law Firm.
When Are You Allowed To Appeal a Premises Liability Case?
Appealing the outcome of a civil trial is not just a way for you to get a second opinion on your original case, nor is it meant for people who simply disagree with a verdict for personal reasons. To have valid grounds to appeal a premises liability case in Lake County, your lawyer must present substantial evidence showing that a fundamentally unfair verdict stemmed from serious legal or procedural errors, such as:
- Bias from civil jury members due to some external factor, such as intimidation or tampering
- Failure to follow proper court procedures
- Improper dismissal of evidence by a judge, or failure by a judge to declare unlawfully obtained evidence to be inadmissible
- Improper dismissal of an expert witness by a judge who wrongly believed them not to be an expert
Crucially, you generally cannot appeal a private settlement for a premises liability claim, since that is a contractual matter between private parties. Appeals are only possible for civil court verdicts, as our attorneys could further explain.
Basic Steps in the Lake County Appeals Process
In Florida, you have 30 days from the date on which you receive a court verdict on a premises liability claim to file a formal notice of appeal, something which a property liability appeals lawyer in Lake County could provide invaluable assistance with. If this is done properly, both sides of the case may then have a chance to write and submit briefs to the court, detailing why they think the original verdict was fundamentally lawful or unlawful. While there may be an in-person hearing for oral arguments, neither side would be allowed to present new witnesses or evidence there.
Upon reviewing the cases made by both sides, the appeals court can either reverse the original verdict, confirm that it is legally sound, or send the case back to the trial court to be relitigated. Technically, it is possible to request further review of a premises liability claim by a higher court after this point. However, the higher court would have total discretion over whether to hear the claim, and it is very rare for a case of this nature to be accepted for such a review.
Consider Working With a Lake County Premises Liability Appeals Attorney
Receiving an unfair verdict from a civil court for a premises liability claim is not necessarily the end of the claims process. Under certain circumstances, you may be able to appeal that verdict on legal or procedural grounds and get it changed or even overturned entirely.
That said, this is not something you should expect to accomplish without support from experienced legal representation. Call today to discuss your options with a Lake County premises liability appeals lawyer from Largey Law Firm.