An appeal is something that is done when the plaintiff or the defendant believes that the court or the jury has made a mistake, typically a mistake in the law. And so they go to a higher court asking them to correct it. It can happen at any time during the course of the case but typically, would happen after a jury verdict. A person appeals the claim by filing a notice of appeal. Once the notice of appeal is made then the case is sent to the appellate court where the person files memos of law with the appellate court and has an oral argument where the reason for the appeal is argued. An appeal can go on for a year or a year and a half.
West Palm Beach nursing home abuse appeals are a second chance at holding the responsible party accountable. Contact a compassionate nursing home abuse lawyer who can work diligently to get justice for you.
Benefit of Filing an Appeal
The benefits of West Palm Beach nursing home abuse appeals are that the party appealing the decision can right a wrong that was done at the trial court level. They can make sure that the person has the full opportunity to have their claim of abuse or neglect vindicated. The downside is that the other side can appeal and the appellate court could take their side. The worst part about it is that it takes a long time and can delay justice.
Length of the Appeals Process
Often a person can settle their case within six months of the first meeting with the potential client. However, there are other times when it can take longer. It is six months to settle cases without filing the lawsuit. If a lawsuit must be filed, it can be a year to a year and a half to receive settlement.
The best way to expedite the settlement process is to rapidly gather all of the records along with the material relevant to the claims. The lawyer can present them in a coherent manner to the defense so they understand what the case is about and what the risks are for them. The lawyer keeps an open dialog with the respondent about the case and talks about the benefits for everybody for early settlement.
Issues That Can Impact the Duration of Settlement
There many issues that determine the length of time a settlement negotiation may take. That includes the magnitude of the wrongdoing and the magnitude of the damages. Both sides evaluate things in a similar fashion or they see things through different lenses.
Unfortunately in Florida, nursing homes are not required to carry significant insurance. Often, the lack of insurance can prolong the process. Other factors that prolong the process are that the two parties are not looking at the case in the same manner when evaluating it. They do not evaluate the conduct or the harm in the same way. The best way to ensure that a case is not strung out for years is to hire a really good and experienced attorney who has a track record of success.
Hiring a Lawyer
If you are thinking of pursuing West Palm Beach nursing home abuse appeals, you should try to hire an attorney that understands the law. It is vital that you work with someone who can articulate why the original verdict is wrong or unfair. You should strive to work with someone that the appellate court respects. Contact a local nursing home abuse attorney who can work tirelessly to appeal your case.