Legal Question in Personal Injury in California
After I have exhausted state court, can I start over in Federal Court or should
This case is a PI, 3rd party premises liability case.
Plaintiff suffered documented injuries and was not getting social security then but is receiving it now.
A collateral source paid $50,000 toward these injuries and this evidence is creditable circumstantial evidence; because of the abuse of the court's discretion the circumstantial evidence jury instruction was not given prejudicing plaintiff. There were also other instructions that should have been given as well.
The primary violation of law was: in considering the above mentioned the jury returned a verdict for the plaintiff for $0 actual damages and $1,000 pain and suffering.
This of course was due to the jury not being instructed to applicable laws by the court.
Statute CC 3333 defines that a person should be compensated for all their proven damages. Then with my compelling (documentation of initial bone fractures, hospital receipts, time off from work, etc.) circumstantial evidence which carries the same merit as direct evidence I would like to get this matter to the fed. appeals ct or start over in fed. ct. because clearly my right to due process has been violated.
2 Answers from Attorneys
Re: After I have exhausted state court, can I start over in Federal Court or sho
you must go to the state court of appeals next.
Re: After I have exhausted state court, can I start over in Federal Court or sho
If you think that there was error in a state court trial then you must either seek a new trial or file a notice of appeal with the state court of appeal. But act quickly -- there are mandatory time limits for each of these procedures. I don't know when your trial was held or when judgment was entered, so I cannot say whether you have already missed your deadline.
There is no way to bring such a matter in a Federal District Court. You may eventually be able to seek review in the U.S. Supreme Court (although the facts as you describe them don't sound all that promising), but you must first go through the state appellate courts AND the state Supreme Court.
Keep in mind that, in order to win, you will need to show BOTH that the trial court committed an error AND that the error would have likely had an effect on the outcome. From the facts you have set forth, it is not clear how strong your case will be.
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