Appeals and post-trial motions Cases

Post-Trial Motions and Appeals: What Happens After a Civil Verdict, Appeals and post-trial motions

After a civil trial ends, the losing party usually has two chances left. The first is a set of post-trial motions filed with the same judge. The...

9 days ago Read More

The New Trial Motion: When a Jury Gets It Wrong, Appeals and post-trial motions

A jury verdict is not always the end of a lawsuit. Even after twelve people agree on a result, the losing party often believes the decision is simply...

21 days ago Read More

The Standard of Review: How Appeals Courts Decide If a Lower Court Got It Wrong, Appeals and post-trial motions

When a party loses a case, the immediate instinct is to appeal. But appeals are not second chances to argue the facts. An appellate court will not...

24 days ago Read More

Preserving Error: Why Your Appeal May Be Over Before It Starts, Appeals and post-trial motions

Most people imagine an appeal as a second chance. You lost at trial, so you take your case to a higher court and try again. That is wrong. An appeal...

25 days ago Read More

Why Objecting at Trial Matters More Than Winning the Appeal, Appeals and post-trial motions

Everyone who loses a case wants to appeal. But here is the hard truth that most people never hear until it is too late: the appeal is not a second...

28 days ago Read More

The Standard of Review: Why Most Appeals Fail, Appeals and post-trial motions

When a losing party says “I’ll appeal,“ they usually imagine a second chance to argue the facts, re-examine witnesses, and convince a higher court...

2 months ago Read More

Why Appeals Fail: The Mistake Most People Make, Appeals and post-trial motions

Most people think an appeal is a second chance to win their case. It is not. An appeal is a review of a trial to see if the judge made a legal...

2 months ago Read More

The Standard of Review on Appeal: Why It Matters, Appeals and post-trial motions

When you lose a case and decide to appeal, you are not getting a second bite at the apple. The appellate court does not rehear witnesses, re-examine...

4 months ago Read More

Motion for New Trial: A Second Chance in Liability Cases, Appeals and post-trial motions

When a liability case ends with a verdict, the losing party often feels the result was unjust. But the trial is not necessarily the final word...

4 months ago Read More

Frequently Asked Questions

Get answers to the most common liability case queries.

What is the difference between a criminal case and a civil lawsuit in these incidents?

Criminal cases are brought by the state (e.g., a District Attorney) to punish an officer with fines or imprisonment, requiring proof “beyond a reasonable doubt.“ This is rare. Civil lawsuits are filed by the victim or their family to seek financial compensation for injuries or wrongful death. The burden of proof is lower (“preponderance of the evidence”), meaning it’s more likely than not that misconduct occurred. An officer can face both types of cases for the same incident.

What immediate steps should be taken if abuse is suspected?

First, ensure the resident’s immediate safety. Report your concerns immediately to the nursing home’s administration and director of nursing, demanding a written report. Simultaneously, file a formal complaint with your state’s Adult Protective Services agency and the long-term care ombudsman program—these are mandatory reporters. Document everything: take photos of injuries or conditions, keep a detailed log of incidents, and gather contact information for witnesses. Finally, consult with a lawyer who specializes in elder law to understand your options for protecting your loved one and holding the facility accountable.

What is considered “property damage” in pollution cases?

Property damage in pollution cases refers to physical harm to land, buildings, water sources, or personal belongings caused by contaminants. This is not about minor stains; it involves substantial harm that diminishes the property’s value, usability, or safety. Examples include soil rendered unusable for gardening by chemical seepage, a well poisoned by industrial runoff, or a building’s structure corroded by airborne acids. The damage must be a direct result of a pollutant released from a specific source, not general environmental degradation.

How does the legal concept of “premises liability” apply to construction sites?

Premises liability holds property owners and occupiers responsible for injuries caused by dangerous conditions on their property. On a construction site, this means the party in control must either fix known hazards or provide adequate warning. For example, a property owner might be liable to a visiting inspector injured by a hidden hazard the owner knew about. However, for injured construction workers, workers’ compensation laws often limit suits against their direct employer, shifting focus to other negligent parties on the site, like other contractors or the general contractor.