Brooklyn, NY asked in Appeals / Appellate Law and Personal Injury for New York

Q: What kind of a lawyer can help me to file an appeal?

Slip and Fall accident on the landlord property September 2014. ORIF Surgery. 12 weeks off work. Had a lawyer working on my case. The judge dismissed the case as there were not enough evidence to prove negligence. I believe that guardrail could have prevented me to go on the slope where I fell. My lawyers don't want to file and appeal (according to their letter)

3 Lawyer Answers
Barry E. Janay
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Barry E. Janay PRO label
Answered
  • Estate Planning Lawyer
  • Florham Park, NJ
  • Licensed in New York

A: An appellate attorney, look for one that has experience in personal injury cases. Appeals can be very expensive.

Joshua Bannister agrees with this answer

Christine Moccia
Christine Moccia
Answered
  • Rye Brook, NY
  • Licensed in New York

A: There are different standards to meet for an appeal. It's a higher standard because the trial court and if there is a jury, the jury, is given deference in questions of fact. However, there could be trial errors concerning the admission of evidence that can be attacked on appeal, as well as summations/opening arguments that are prejudicial, jury selection issues, the charge to the jury, and other rulings by the judge.

Joshua Bannister agrees with this answer

Joshua Bannister
Joshua Bannister
Answered
  • Criminal Law Lawyer
  • LITTLE FALLS, NY
  • Licensed in New York

A: It sounds like you lost a summary judgment motion & that you don't agree with the court's decision. Your remedy is to take an appeal to the Appellate Division. The time to file a notice of appeal is measured in days, so that should be your first priority. Appellate work is expensive, so be prepared to dig deep in your wallet.

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