Things to Avoid When Appealing for a Wrongful Death Claim

legal advice

Losing a court case is always a painful process, and it is even worse when the case you lost is related to a wrongful death claim. But when you do end up losing a case, you have to react in a very calm way. Far too many people get really upset and emotional, which leads to bad decisions. Even if you are feeling these things, you have to sit down with your attorney and figure out your next moves. If you have a wrongful death attorney in Salt Lake City who is very good at their job, they are going to advise you in an appropriate way about your next steps.

Whether you are in Salt Lake City or any other part of the United States, you cannot make frivolous appeals, no matter what the case.

Grounds for Appeal

When you are making a decision to appeal a case, you have to think very carefully. Not only are you going to have to spend money on another trial, but you could have your case dismissed out of hand if you do not have specific grounds for appeal. Simply disliking the verdict is not sufficient grounds for appeal, especially in a civil case such as a wrongful death claim. You have to figure out whether the judge or jury in your case committed an error that is classified as a reversible error. If you are unsure about what constitutes a reversible area in Salt Lake City’s court system, talk with your attorney about it today.

Disadvantages of Appeals

You have to understand that the moment you go into an appeal, you are at a huge disadvantage. The other party does not have to defend themselves in the same way as they do during the first trial. All they have to prove is that you have no sufficient grounds for an appeal. You are not exactly retrying the case in an appeal – you are proving that something seriously wrong was done by the judge, or you have some new evidence that was not submitted during the first proceedings. If you or your attorney is unable to make any of these arguments, or produce any new evidence that would help your case, you may not be in a good position to go ahead with an appeal.

Deciding Not to Appeal

We know it is a very hard decision to give up on the possibility of an appeal, but sometimes you have to think realistically. If your attorney cannot find any reversible error by the judge or the other side during the first trial, and there is no new evidence or testimony that would count in your favor in the new trial, then you are in a tough spot. You can roll the dice and try with an appeal, but there is absolutely no guarantee that anything is going to go in your favor. Sometimes you have to accept that the situation is beyond your control, and it is better to cut your losses and accept the verdict.

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