North Carolina Mesothelioma Appeals Lawyer

North Carolina Mesothelioma Appeals Attorney

Recovering compensation for mesothelioma in North Carolina can be a complex process. Some claimants will need to appeal their cases, and this is very difficult without legal counsel they can trust.

An experienced North Carolina mesothelioma appeals lawyer can assist you in understanding the proceedings ahead, prepare you for making a strong case before an appellate court, and hopefully help you recover the compensation you legally deserve.

Legal Counsel for Mesothelioma Case Appeals in North Carolina

Wallace & Graham, P.A., can provide comprehensive legal representation for a mesothelioma claim in North Carolina, including the appeal process if your case does not have the outcome you expected. It is vital to understand that an appeal seeks to correct a lower court’s decision by exposing a mistake of fact, mistake of law, or procedural misstep on the part of the court that resulted in the wrong decision. It is not an avenue to contest a decision with which you disagree.

Filing an appeal is a very time-sensitive process. After a court has rendered their decision, the plaintiff will only have a limited time in which to submit their appeal to a higher court. If you are distressed that your mesothelioma case did not go the way you expected and you are certain that a mistake caused the court to deliver an incorrect ruling, it is crucial to connect with a trustworthy attorney as quickly as possible to guide you through the appeal process.

How to Appeal Your Mesothelioma Case in North Carolina

Many people mistakenly believe that an appeal is simply a second chance at getting the ruling you hope to see from a case. This is false. The reality is that an appeal is a process for exposing and resolving a mistake made by the court that resulted in an incorrect ruling. If you filed a mesothelioma case and the court ruled against you, you may not agree with the decision, but you only have grounds for an appeal if the court made a mistake that resulted in the wrong ruling.

There are very specific rules for filing an appeal. You must provide a transcript of the first case and an argument for appeal, and you cannot attempt to introduce new evidence or arguments that were not introduced in the original case. A higher court will review the case transcript and assess the lower court’s decision. If a mistake of fact or mistake of law is discovered and confirmed by the appellate court, they have discretionary power to decide what happens next.

If the higher court approves the appeal, it may send the case back to the lower court for a new trial, or it may make specific recommendations to amend the error. The appellate court will likely hear oral arguments from all parties involved in the case in making their decision. Then, the appellate court judges will have a conference to decide what happens next.

The appellate court may decide there is no basis for an appeal, and the original ruling will stand. They could also approve the appeal and remand the case back to the lower court for a new trial or adjust the verdict based on their findings. It’s important to note that the vast majority of appeals filed in the United States fail as it is very rare for courts to make mistakes grave enough to result in incorrect rulings.

North Carolina Mesothelioma Appeals FAQs

Q: How Do You Prove Liability for Mesothelioma in North Carolina?

A: Proving liability for mesothelioma in North Carolina will require an extensive review of work history, building records, and other documentation to determine the exact time and place you were exposed to asbestos. An experienced attorney can help you navigate this process, and once you determine the cause of your condition, they will help you pursue compensation through the most viable recovery channels.

Q: How Do You Appeal a Mesothelioma Case Decision?

A: You can appeal a mesothelioma case decision by filing your appeal with the correct appellate court. Success with an appeal is challenging as it will require proving a mistake of law resulted in the court making the incorrect decision. Remember that an appeal does not allow for the submission of new evidence that was not introduced during the original trial. It is a higher court’s formal review process to determine whether the lower court’s ruling was legally sound.

Q: How Much Is a Mesothelioma Case Worth in North Carolina?

A: The potential value of a mesothelioma case in North Carolina will depend on the specific details of the case. A claimant may be able to recover compensation for medical expenses related to their mesothelioma diagnosis, compensation for income they are unable to earn because of their condition, and their pain and suffering. They may also have multiple recovery options available to them, and the right attorney can help to maximize their recovery.

Q: Why Should I Hire a North Carolina Mesothelioma Appeals Lawyer?

A: You should hire a North Carolina mesothelioma appeals lawyer because the appeal process is far more challenging than the average person typically expects, and this will be on top of the already complex nature of a mesothelioma claim. In order to have the greatest chance of success with your appeal, you need an experienced attorney who can identify any mistake of law that may have led to the court’s incorrect ruling.

Q: What Does It Cost to Hire a North Carolina Mesothelioma Appeals Lawyer?

A: The cost to hire a North Carolina mesothelioma appeals lawyer will be a percentage of your case award if you choose Wallace & Graham, P.A., to represent you. Our firm accepts these cases on a contingency fee basis, meaning we only take a percentage of the total compensation we secure for our client if and when we win their case. If we are unable to secure compensation for our client, there is no fee.

The attorneys at Wallace & Graham, P.A., are prepared to guide you through each stage of your mesothelioma claim in North Carolina, including the appeal process if an appeal is necessary. It’s vital to secure the legal counsel you need as quickly as possible, especially if you must file an appeal. Contact us today to schedule a free consultation with an experienced North Carolina mesothelioma appeals lawyer.