Appealing a Rejected Workplace Accident Claim
Not all workplace accident claims end with the claimant quickly receiving an appropriate settlement for his or her damages. Sometimes, when the claimant and the party with whom the claim is filed cannot reach a fair settlement, the claim goes to trial. In this trial, the court determines its ruling based on the evidence presented, which could be in favor of either party.
If the court rules against your claim and you feel it is because the court did not carry out its duties properly or that there was an element missing from your case that negatively impacted its ruling, you can still pursue it through the appellate process. Talk with your lawyer to determine whether appealing your case would be worthwhile, based on the strength of your claim. If your lawyer agrees that appealing the claim could result in a favorable ruling for you, he or she will begin the appellate process.The Appellate Process
The appellate process begins with your attorney filing a notice of appeal with the superior court of the county where your initial case was heard. This document notifies the court and the other party involved in your case of your plan to appeal the court's decision. For a claim for $25,000 or less, the deadline to file this notice is 30 days after you receive notice that the judgment for your original case has been filed or 90 days after the entry of this judgment. For claims of more than $25,000, known as unlimited civil cases, the deadline is 60 days after receiving this notice or 180 days after the judgment is entered.
After an appeal is filed, the other party may file a motion to dismiss the appeal. The court may decide to dismiss the appeal or allow it to proceed.
The next step in the appellate process is designating the record, which is where you give the appellate court all documentation of your previous trial. This includes the documents used in the trial and a recording of all oral proceedings used in court. This is what the appellate court uses to examine your original trial and determine if a misuse of the law occurred.
If your case is an unlimited civil case, you must also submit a Civil Case Information Sheet.
You must then submit a brief, which is a written description of all the facts that apply to your case. This includes all details of your accident and financial needs, the laws applicable to your case, and the issues that arose with how your original case was handled. The other party also submits a brief of its own, which you may follow with a rebuttal brief. The briefs are followed by oral arguments by each party, but this step is not required. Using the information within the briefs, records submitted, and oral arguments, the court decides whether to uphold or overturn the case's original ruling. This ruling is final within 30 days of the decision, during which time either party may opt to file a petition to have the case reexamined again.Work With an Experienced San Jose Workplace Accident Attorney
Appealing a workplace accident claim's ruling can be a complicated process. To determine if this is the right choice for you, our skilled San Jose workplace accident attorneys at Corsiglia, McMahon & Allard, L.L.P. can examine your case and provide you with insight based on our experience. We proudly serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County.Sources