Many plaintiffs in personal injury cases may feel overwhelmed throughout the process: after all, for most people, they are unfamiliar with lawsuits and legal terminology. From the very beginning, however, you may learn about a lot of different things when it comes to personal injury lawsuits rather quickly. One thing you may hear about is the different types of legal cases; when it comes to lawsuits and cases, there are several types. The primary types of cases are civil cases, bankruptcy cases, family law cases, criminal cases, and so on. Several different types of cases are classified as civil cases; this broad umbrella term covers a wide range of disputes between individuals and businesses. Some examples include landlord-tenant claims and breach of contract claims. Personal injury lawsuits are also generally classified as civil cases.
The term “appeal” is also frequently heard when it comes to different types of legal proceedings and cases, and a party involved in a particular case or lawsuit may decide to appeal an unfavorable decision. However, it is important to note that not all cases are eligible for appeals. Certain types of personal injury, criminal, and bankruptcy cases could be, but every appeal request is examined on a case-by-case basis. Whether you’re looking to appeal your personal injury case, or you have concerns about another involved party appealing a decision that may affect your settlement, you may be looking to learn more about grounds for appeal in civil cases.
Grounds for appealing civil cases may vary by state, and may also have different regulations if it is a federal civil case that is being appealed. Generally speaking, however, the following may be grounds for appealing a civil case:
- A legal mistake was made the first time around
- An error in the case is what swayed the initial decision
- Misconduct may have resulted in an unfavorable ruling
- Additional evidence may change a new, final decision
- Lack of evidence the first time around resulted in a ruling
If your case is eligible for an appeal, it will go through an appellate court. It is also important to note that appeals have deadlines, which will vary based on the amount of money you are attempting to recover in your personal injury lawsuit, as well as other factors, such as location. For example, one state outlines several different factors that can influence the deadline of starting your appeal, noting that it typically ranges anywhere from 30 days to 180 days after the entry of judgment.
Personal injury lawsuits can already be unpredictable and time-consuming as they are, but waiting for a civil appeal to finalize can be even more stressful and frustrating. Attorneys often work on a contingency basis when it comes to personal injury lawsuits, meaning that they only get paid when their clients do, and it is a percentage of the settlement amount. Therefore, attorneys are typically very selective about the cases they take on and tend to accept the ones that they are confident will settle easily. Once an attorney agrees to take on a personal injury case, nobody usually expects that an unfavorable outcome for the plaintiff or an appeal will be thrown into the mix, but alas, it does happen.
Because both sides of a civil case may possibly appeal a decision, there are multiple different scenarios and outcomes of personal injury cases. Perhaps the case was initially settling in your favor, but the other side has decided to appeal, which has resulted in a significant delay in your settlement. In other scenarios, a settlement amount agreement may not have been reached: perhaps the other party is refusing to offer a fair settlement, or they may be refusing to offer any kind of settlement at all. Even after the case is brought to trial, which tends to be rare with personal injury cases, a plaintiff may still not receive a fair settlement when a final ruling is made. In this scenario, a plaintiff may be the one filing an appeal if their case qualifies.
If you are struggling to handle bills and other expenses while waiting for your claim to finalize, you may want to start looking for an alternative solution. The appeals process can be long and drawn-out, and these mounting expenses may only be getting worse. At USClaims, we help plaintiffs in similar situations through a process known as pre-settlement funding. Also known as a lawsuit advance, this is a solution that can enable you to receive money upfront while waiting for everything to finalize.
Contact USClaims today to learn more about how the pre-settlement funding process works and how our services may be able to help when an appeal is involved. We are happy to answer any questions you may have about the process, and we can also review your specific case with you in further detail to determine if it qualifies for pre-settlement funding services.