An appeal is when someone who loses a case in a trial court asks a higher court (the appellate court) to review the trial court’s decision.
In Georgia, if you lose your personal injury case you may have the option to appeal your case’s verdict within 30 days. You can file an appeal under these circumstances:
- There is new evidence- Sometimes, new evidence will surface after the trial that can implicate the defendant or prove innocence on behalf of the plaintiff. This evidence could have the ability to change the entire outcome of the case and should be taken into account.
- There was a mistake in the law- This essentially means that the law was incorrectly applied to your case where it should not have been applied. This could be due to ignorance, negligence, or a general misunderstanding.
- There was misconduct from the jury- This issue could entail a few inappropriate behaviors on behalf of jury members. If members of the jury communicate with third-party officials involved in the trial and make decisions on behalf of those third-party officials, that could constitute misconduct and lead to a retrial.
- There was misconduct from the opposing side- If any member of the opposing party acts unjustly or attempts to sway officials using any means, you may also be eligible for a retrial.
- There is another issue that kept you from having a fair trial- If there is evidence of other misconduct or misinterpretations of evidence that cause the trial to proceed unfairly, you may be able to appeal the original verdict.
- Appeals to the superior court shall be filed within 30 days of the date the judgment, order, or decision complained of was entry.
- The date of entry of an order, agency, or other tribunal rendering same, duly signed by the judge or other official thereof.
- This Code section shall apply to all appeals to the superior court, any other law to the contrary notwithstanding.