Every type of case that enters the legal system has its own process and timeline. Some cases are straightforward and finalize fairly quickly; other cases may be a little more complex and there may be some hurdles before there is a resolution. However, even when all is said and done, the final decision in a case may not necessarily be a final decision, and one or more involved parties may choose to appeal the decision. As the official U.S. Courts website notes, there are several different types of legal appeals, depending on the type of case involved. Someone may pursue an appeal in a personal injury lawsuit depending on the outcome; in other cases, a defendant may pursue an appeal in a criminal case if he or she wants to attempt to fight their conviction. In other unique scenarios, these two types of appeals may intersect: a plaintiff in a personal injury case who has been harmed as a direct result of someone else’s negligence, which was also a criminal act, may find themselves stuck in the middle of a criminal appeal. This can happen when a defendant appeals the outcome of their own criminal case, and thus there can be a snowball effect that may cause further complications on the plaintiff’s side of the case.
Whenever a wrench like a criminal appeal is thrown into the mix, it can potentially complicate lawsuits a bit more, which can also delay the plaintiff’s final settlement. While many personal injury lawsuits are classified as civil cases, depending on the details surrounding the accident, some cases may be considered to be criminal cases. Some examples of criminal cases that may also affect personal injury victims include:
- Hit-and-run accidents
- Drunk driving accidents
- Certain cases of assault and battery
These are just a few common examples, but any act that has been processed through the criminal court is considered a criminal case and may be eligible for a criminal appeal. Crimes can range in severity from minor infractions to serious felonies. Whether a defendant is being charged with an infraction, misdemeanor, or felony, a personal injury lawsuit can also result if the crime committed directly injured another individual. While not all criminal cases are eligible for criminal appeals, the ones that are may cause some delays for the injured plaintiffs involved.
The American Bar Association explains just how time-consuming the criminal appeals process can be, and the steps involved. First of all, it is important to note that appeals are typically not permitted on the prosecution side of things, and usually only the individuals convicted of crimes (the defendants) can request to appeal. If a criminal appeal is granted, it is almost as though the entire process is restarted. The appellate court will remand the case and a new trial is held at a lower court. This means revisiting the facts of the case all over again and examining all relevant evidence. If you testified in court the first time around, it is possible you may be asked to testify again during the new trial.
If the other parties involved in your personal injury case have appealed their criminal charges, your personal injury lawsuit may or may not have been affected, too. Your attorney may have informed you that your settlement could be delayed until the criminal appeal process is finalized, and there could be a number of different reasons why this might affect the personal injury side of things. Some personal injury lawsuits may be processed completely separately from the criminal case and may have settled first, but in other cases, this may not be so. Every case is unique and can be complex enough on its own, but when a criminal appeal is added to the mix, plaintiffs may find themselves in very difficult situations. After all, many injury victims are out of work and the loss of income can be financially devastating. It can be an especially stressful situation when there are mounting medical bills that have directly resulted from the injury. If a criminal appeal has slowed down your personal injury lawsuit and you’re looking for another way to receive money sooner, we may be able to help.
A lawsuit advance, also known as pre-settlement funding, is your solution to receiving money quicker. This service allows plaintiffs to receive money upfront, while their cases go through their processes of settling. This service can be especially helpful when a criminal appeal is affecting the timeline of your personal injury lawsuit.
One of the best parts about working with USClaims for your lawsuit advance is that if your case does not settle for any reason, it is unlikely that you have to pay us back. This makes our services convenient and risk-free. Contact USClaims to learn more and to get started on the pre-settlement funding process.