In Ohio, as in most states, if you’re involved in a personal injury case and the court issues a judgment that you believe is unfair or incorrect, you generally have the right to appeal the decision. An appeal is a request to a higher court (often an appellate court) to review the lower court’s decision to determine if there were errors in the application of the law or in the trial procedure that could have affected the outcome of the case.
Understanding the Appeal Review Process
An appeal is not a new trial. You can’t present new evidence. Instead, you ask a higher court to review the trial court’s decisions for legal mistakes. The Ohio Rules of Appellate Procedure set the requirements for this process. These rules create a roadmap for appeals in Ohio’s courts.
The appeals court looks at the trial record and legal arguments to see if the lower court made any mistakes that could have changed the outcome of your case. The appellate court examines several aspects of your case during the review, including:
- Whether the trial court applied the correct laws
- If evidence was properly admitted or excluded
- Whether your constitutional rights were protected
- If proper procedures were followed throughout the trial
These reviews ensure your case receives fair treatment under the law.
Reasons to Appeal a Personal Injury Case
Personal injury appeals often stem from various types of trial court errors. Here are the most common reasons for appeal:
- Wrong instructions to the jury about the law
- Letting in evidence that should have been kept out
- Keeping out evidence that should have been allowed
- Wrong decisions about Ohio injury laws
- Incorrect rulings that hurt your case
- Jurors who broke the rules
- Improper talks between court staff and jurors
- Unfair statements during the trial
- Violations of court rules
- Not enough evidence to support the decision
Understanding these grounds helps evaluate your case’s potential for success.
Steps in the Appeals Process
Your appeal will follow several key steps. Here’s what to expect during each phase:
Initial Filing Phase
Under Ohio rules, you must file your notice of appeal within thirty days after the lower court issues a ruling. The timing of this filing is crucial. Miss the deadline, and it is unlikely that you can go forward with an appeal. If you are considering appealing, seek legal help immediately.
Document Preparation Phase
New evidence is not heard at the appellate level. The case is decided “on the record.” The record is the documentation and transcripts which establish everything that happened in the case. Proper documentation forms the backbone of your appeal. This documentation has to be gathered and submitted to the court per the Appellate Rules. These documents include:
- Complete trial transcripts
- All evidence from the trial
- Court orders and rulings
- Expert testimony records
- Written motion arguments
These materials help the appeals court understand what happened in your case.
Briefing Phase
In most cases, the court will decide your case based only on the record and the brief your lawyer submits. The brief explains why you feel the lower court got it wrong. Your appeal brief must be clear and persuasive. The brief should include:
- Statement of facts
- Legal arguments
- Citations to evidence
- Relevant case law
- Requested outcome
A well-written brief can make a difference in your appeal’s success.
Oral Arguments and Hearings
If the court grants oral arguments, a date will be scheduled, and your lawyer will present your case directly to the judges. The presentation includes:
- Strongest legal arguments
- Responses to judges’ questions
- Clarification of complex issues
- Rebuttal of opposing arguments
- Request for specific relief
This opportunity allows your lawyer to emphasize the most important aspects of your appeal.
The Burden of Proof on Appeal
When you appeal a case, you must prove the lower court made a legal mistake. The appeals court starts with the idea that the original decision was correct. This creates a high bar for winning appeals.
The appeals court won’t overturn decisions just because another judge might have ruled differently. You must show that the original court made a real legal mistake. Appeals judges use specific standards to review each type of error. The main review standards are:
- Abuse of discretion
- Clear error
Your attorney must understand which standard applies to your case. This affects how they present your arguments to the appeals court.
After the Appeal Decision
Once the court decides on your appeal, you have several options. You can:
- Accept the decision if it is favorable
- Request reconsideration if needed
- Appeal to Ohio Supreme Court
- Return to trial court if ordered
- Explore settlement options
Your lawyer can help you understand which option best serves your interests.
Making the Final Decision on Appealing
Deciding whether to appeal requires careful thought about several factors. Consider these important points:
- Strength of legal arguments
- Cost of the appeal process
- Time investment required
- Likelihood of success
- Alternative options available
Understanding these factors helps you make an informed decision about your appeal.
Contact Mani Ellis & Layne Accident & Injury Lawyers for a Free Consultation
If you’re considering appealing your personal injury case in or around Columbus, Ohio, you need to understand these steps. Call (614) 587 8423 to contact the experienced appeals attorneys at Mani Ellis & Layne Accident & Injury Lawyers, who can review your case and guide you through this complex process. We offer a free consultation, so there is nothing to lose in getting in touch.
