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The Appeals Process

When a plaintiff or defendant is unhappy with the result of a lawsuit, he or she can file an appeal through the court system. Both civil and criminal cases can be appealed. If you have won a significant sum of money in a lawsuit against a party, it is more than likely that they will file an appeal in order to try to reduce or even completely eliminate the damages. As such, it is important to have a personal injury lawyer who is familiar with the appeals process and can protect your winnings.

A court of appeals does not dispute the matters of fact as determined by the lower court. Rather, they focus on matters of procedure. That is, if a lower court determines that John did, in fact, steal from Paul, the appeal court will not dispute this fact. However, if the lower court sentenced John to death as a punishment for this crime, the appellate court would likely reverse this procedural decision.

When dealing with civil suits, the appellate courts will often deal with the exact amount that is awarded, and may lower or even increase it. The appellate court can also be a useful tool for the plaintiff; if a lower court has issued a summary judgment against you, it can be overturned by the appellate court.

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This article is not intended to serve as, or as a replacement for, legal advice. If you have been injured as a result of negligence or otherwise, contact the Las Vegas personal injury lawyers of William Palmer & Associates, P.C. at 702-888-2222.

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