Legal Question in Appeals and Writs in California
I recently won my case pro-per. But, was unhappy with the amount awarded to me by the judge. Can i appeal ONLY the amount awarded? It wasnt even over the minimum for an unlimited civil claim, And no where near the amount asked for. And the case has been going on for five years. What are my options at this point? It was a slip and fall/ negligent case. I slipped and fell fractured my ribs then was assulted knocked out by a drunk customer whom was harrassing me due to my race, gender and sexual orientation. The clerk and all customers left me on the floor, and never assisted me once, and at this point there has been so many illegalities I dont know where to turn and every attorney iv'e contacted isnt willing to help.
2 Answers from Attorneys
I assume that you sued in Superior Court, Unimited Jurisdiction. You do not tell us who you sued and when you got the verdict and if the defendant has the money to pay even the lesser amount awarded you. Yes, you can appeal just the damage amount, but the Appelate Court could decrease the amount awarded. You have a very complicated tort case.
You have the right to appeal if time hasn't already run out on you, but it is very hard to persuade an appellate court to increase the amount of damages a judge or jury awarded. If your argument is simply that the facts supported a higher award then you will almost surely lose. You will need to show that the trial court made a legal error and that you likely would have obtained a better outcome without that error.
Feel free to contact me directly if you want to discuss your case further. I have a great deal of appellate experience and am certified by the State Bar's board of legal specialization as a specialist in appeals.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
