No one enjoys losing a court case, especially when they feel the ruling isn’t fair. Sometimes people leave court thinking that something important was not taken into account or that the judge made a mistake. In Virginia, there are times when someone can ask a higher court to look at what happened.
That process is called an appeal. It does not always mean the entire case starts over. In many appeals, the higher court is really just looking at whether there were errors of law in the original case.
The rules are determined by the court that originally heard the case. Some appeals are automatic if the correct procedure is followed. Others are only available if a higher court agrees to hear them.
If you’re involved in a civil lawsuit after an injury, a Virginia Beach personal injury attorney may be able to explain whether an appeal might be possible in your case.
What Does It Mean to Appeal a Civil Case?
An appeal happens when one side asks a higher court to review a decision from a lower court. Either side can try to appeal if they believe something went wrong during the case.
Civil appeals can involve many different kinds of lawsuits. Personal injury claims, insurance disputes, property disagreements, and contract cases sometimes end up in the appeals process.
A lot of people assume an appeal means a completely new trial. Sometimes that is true. Other times, the higher court mostly reviews paperwork, transcripts, and legal arguments from the original case.
Virginia has different courts, and each level has its own appeal rules.
How Are Appeals Handled in General District Court?
Many smaller civil cases in Virginia begin in General District Court. These courts usually handle less complicated matters and cases involving smaller amounts of money.
If someone loses a civil case in General District Court, they usually have the right to appeal to Circuit Court. This type of appeal is generally automatic as long as the required paperwork is filed on time.
In most situations, the appeal must be filed within 10 days after the judge enters the decision. Missing that deadline can cause the right to appeal to disappear.
When a case moves from General District Court to Circuit Court, the Circuit Court normally hears it again from the beginning. Lawyers call this a “de novo” appeal. The earlier ruling does not automatically control what happens in Circuit Court.
Witnesses may testify again. Evidence may be presented again. The Circuit Court essentially takes a fresh look at the dispute.
What About the Circuit Court and the Court of Appeals?
Circuit Courts usually handle larger civil lawsuits, including serious injury cases and more complex legal disputes.
If someone loses a civil case in Circuit Court, they may be able to appeal to the Court of Appeals of Virginia. In many civil cases, Virginia law now provides an appeal of right to the Court of Appeals. That means the court must review the appeal if the person follows the proper procedures and meets the filing deadlines.
This does not mean the person automatically wins the appeal. It only means the Court of Appeals will review the issues raised in the case.
Appeals at this level are different from General District Court appeals. As a general rule, the Court of Appeals does not rehear witnesses or retry the whole case. Instead, the judges mostly review transcripts, motions, court records, and written legal arguments from prior proceedings. Then the court reviews whether there were legal errors that may have affected the outcome.
A Virginia Beach personal injury attorney can review the trial record after a Circuit Court ruling and decide if an appeal makes sense.
Does Every Appeal Succeed?
A person can’t appeal simply because they don’t like the outcome. Appellate courts generally review legal mistakes raised by the parties in the appeal. For example, an appeal could assert that the judge admitted improper evidence, gave incorrect jury instructions, or misapplied Virginia law.
Sometimes the higher court agrees with the lower court’s ruling and lets it stand. Sometimes, the court will reverse the decision and order a new trial, or send the case back for further proceedings.
Rules are strict, and appeals can get very complicated very quickly. Courts typically require detailed written briefs, transcripts, and filings that adhere to very specific formatting requirements.
What About the Supreme Court of Virginia?
Some people think they automatically get another appeal after the Court of Appeals makes a decision. That is not always true.
An appeal to the Supreme Court of Virginia is different because the court usually decides whether it wants to hear the case at all. The person asking for review files something called a petition for appeal.
The Supreme Court can grant the petition or deny it.
If the court refuses to hear the appeal, the lower court ruling usually stays in place. The Supreme Court tends to focus on cases involving major legal questions or issues that may affect courts across Virginia.
Because the court receives many requests for review, not every case gets accepted.
Why Is Timing Important in Appeals?
Appeal deadlines in Virginia are strict. Waiting too long can end the case before the appeal even starts.
Different courts have different procedures and deadlines. General District Court appeals usually involve a short filing window, while appeals from Circuit Court involve additional requirements and paperwork.
For that reason, many people choose to speak with a lawyer soon after receiving an unfavorable decision.
Talk to a Virginia Beach Personal Injury Attorney About Your Appeal Rights
Civil appeals can be confusing, especially because the rules vary depending on which Virginia court first handled the case. Some appeals happen automatically if the deadlines and procedures are followed correctly. Others require a higher court to agree to review the case before anything moves forward. In one case handled by Shapiro, Washburn & Sharp, the Virginia Court of Appeals affirmed a $1.6 million jury verdict in a medical malpractice and traumatic brain injury case, before the matter later proceeded to the Supreme Court of Virginia.
If you have questions about appealing a civil case, a Virginia Beach personal injury attorney may be able to explain your options. The attorneys at Shapiro, Washburn & Sharp represent injured clients throughout Virginia and handle complex civil litigation matters. Call (833) 997-1774 or contact us online to learn more.