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Post-Trial Motions: A Closer Look at Virginia Personal Injury Trials – Cont.

June 2, 2013 by The Parrish Law Firm

While we here at Parrish Law Firm, PLLC will do everything we can to win your case, sometimes there are circumstances beyond our control that result in a less than satisfactory result.. If this is the case, we may use post-trial motions in an attempt to secure certain advantages for you even if we have lost the trial in court.

When We Receive An Unsatisfactory Result

  • We will concentrate on the strongest grievances that have good support in the law and in the trial record. Instead of a laundry list of complaints, a few heavily supported grievances are more persuasive.
  • We will investigate whether the court made an error in ruling evidence as inadmissible or in ruling evidence admissible. If we find support for either of these errors, we may have grounds to move for a new trial.
  • We will look closely at jury instructions to identify any possible errors. Because numerous issues surrounding jury instructions are issues of law, some errors can be grounds for a new trial.
  • We may consider an insufficiency challenge to the amount awarded in your personal injury case if it is equal to the amount of the special damages. While post-trial insufficiency challenges have an extremely low success rate, this is one of the few instances where they can prevail.
  • We will look to see whether or not the trial court made an error in submitting an issue to the jury. Sometimes a defendant’s evidence is so insufficient that no jury could reasonably uphold the defendant’s position. If this is the case, we may file a post-trial motion that the evidence was insufficient.
  • We will ensure that our record for appeal is complete. This includes all transcripts, real and demonstrative exhibits, and any other item that must be on the record for an appeal to take place.
  • We will ask the Court to suspend the final judgment, or delay the entry of final judgment in order to properly file and brief our post-trial motions. Timing is important, and these measures can help us prepare without being rushed.
  • We will use post-trial motions to resuscitate or enhance issues we feel are important. Giving you any advantage we can is always our goal.

To read on about how we will handle post-trial motions after we have won your case, click here.

James Parrish, the founding attorney of Parrish Law Firm, PLLC, works with northern Virginia residents in personal injury litigation. His veteran experience and intimate legal knowledge can give you the advantage you need in court. Call us today at 703-906-4229 or fill out a free case consultation.

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