Aggressively Fighting To Appeal Your Legal Case

Appeals are an expected part of the legal process, and they are very different from trials. Whether you won or lost at trial, an appeal may be on your horizon. If the defendant appeals, you will need to defend your hard-won verdict. If you did not win at trial or if you were not satisfied with the jury award, you may choose to appeal. To successfully win an appeal, you need the help of an experienced appellate attorney. This may not be your trial attorney.

Attorney Hector Carbajal II has the experience and the unique skill set required to oversee your case from the very beginning all the way through trial and appeal. He is also able to step in for you at the appellate level on a case that was originally handled by another attorney. If you are facing an appeal by a defendant or considering filing an appeal, get in touch with Carbajal Law in Las Vegas right away.

A Knowledgeable Appellate Attorney On Your Side

Appeals are complex and very different from trials. Winning an appeal requires an in-depth knowledge and understanding of the rules as they apply in your case, a thorough review of the factual record, complex reasoning, and the ability to pull it all together with excellent legal writing and oral argument.

Attorney Carbajal is a Harvard graduate with the knowledge and experience you need in an appellate attorney. He handles appeals in both state and federal courts, and regularly handles complex litigation for his clients. His client-centered approach involves getting to know you personally and focusing on your unique needs so that he can obtain a positive outcome for your case.

At Carbajal Law, we are here to help you appeal an unsatisfactory outcome, whether you lost at trial or feel that the jury award was not sufficient. An appeal is not appropriate in every case. Attorney Carbajal will take an in-depth look at your case to determine if an appeal is appropriate and if it is in your best interest. He is also here for you if you won your case and are now facing the possibility of having your win taken away or your award lowered due to an appeal by the defendant. He will fight hard to protect your original jury award.

Critical Deadlines For Your Appeal

In most cases, a defendant has 30 days to file a notice of appeal. In Nevada state courts, the clock usually begins only after you are officially served with a document called a notice of entry of judgment.

Can you get an extension for this deadline? In Nevada, the answer is no. State laws do not allow extra time for filing a notice of appeal in civil cases. As such, it is important to act immediately, since missing this window may mean losing your right to an appeal.

Valid Grounds For An Appeal

An appeal is not a “do-over” or a second trial. It is a limited review to ensure that the trial court followed the law correctly. To file for an appeal, you must show that specific legal errors changed the outcome of your case. Common grounds include:

• Jury instruction errors: The judge gave the jury the wrong legal rules to follow.
• Evidentiary errors: The judge improperly allowed or blocked specific testimony or documents that were important to the case.
• Legal misapplication: The judge applied the wrong Nevada laws or statutes to the facts of your case.
• Insufficient evidence: The evidence provided at trial was not substantial enough to support the final verdict.
• Excessive or inadequate damages: An appellate court may review a dollar amount if it “shocks the conscience” or was based on jury prejudice rather than facts.

Appellate courts generally do not hear from new witnesses, and they usually will not question whether a witness was lying or how the jury chose to weigh one piece of evidence over another. Our appellate attorney will review your trial records and see if there are any specific legal mistakes that may warrant a higher court’s review.

An Effective Lawyer Is Ready To Help You

To learn more about appeals, your legal rights and how we can help you, please call Carbajal Law in Las Vegas at 702-829-7476 today or contact us online right away. Strict deadlines will apply to your case, so please do not wait until it is too late.