While most personal injury cases are settled at the negotiating table rather than in a courtroom, some situations can only be resolved through civil litigation. However, the outcome of a trial is not always the final word, and in some cases, the proceedings may be stopped at any time if either party has cause to pursue a mistrial. In fact, there are many situations that allow a plaintiff to appeal a decision, which may result in a re-trial in a higher court.
Retrials Through Appeals
After a personal injury trial, most litigants simply accept the outcome and move on, even if they have solid legal grounds for an appeal. The process is usually for too exhausting and expensive for most accident victims, many of whom are out of money after the first attempt. However, if your legal argument is especially compelling or the potential award makes an appeal worthwhile, you may be able to pursue an appeal, the results of which could require a retrial of the entire case.
Mistrials & Stalled Trials
A variety of situations, including misconduct or egregious mistakes by either the defendant or plaintiff, could cause a judge to declare a mistrial. When too many jurors are required to drop out, the jury cannot reach a decision, or other compelling reasons, a retrial may be necessary to ensure that each side receives a fair trial. In some cases, the entire case can be retried from the beginning, unless a higher court finds that a law was improperly applied in the initial proceedings.
The Thompson Law Office in Lexington, KY has over 20 years' combined experience fighting for the rights of accident victims who have suffered due to someone else's negligence. Visit their website to learn more about how they can help you get the financial relief you need, get more legal insight on Facebook, or call (859) 280-2222 to schedule a consultation with a personal injury attorney today.