When a car accident case must enter litigation to maximize compensation, complicated legal issues can arise. Attorneys for both the plaintiff (car accident victim) and the defendant (liable party) will engage in discovery and likely file motions with the trial court. The court makes various rulings throughout the pre-trial process, all of which can have an effect on the outcome of the case should it go to trial.
Trial court judges do not always make proper decisions in line with the law, however. Sometimes, improper decisions during litigation warrant seeking extraordinary legal relief from higher courts while the case is still pending, in contrast with waiting until the appeal process following an adverse outcome. One way to seek such extraordinary relief is by filing a motion of writ.
Motions of writ are rare yet important legal tools that can benefit car accident victims when necessary during a lawsuit. Having a highly experienced litigator is important to ensure they can confidently file such motions when necessary to protect your rights.
At Tabor Law, our experienced team is here to guide you through every step of the legal process and help you seek the compensation you deserve following a car accident. Below is some information about writ petitions and when they might apply in car accident litigation.
The Hierarchy of Civil Courts in Litigation
In any type of civil litigation case, it is important to understand the hierarchy of civil courts and the role that the courts of appeals play in the process.
Each state has its own court system; for example, in Indiana, we have:
- Indiana Supreme Court, which serves as the final authority on matters of state law.
- The Indiana Court of Appeals, which acts as an intermediate appellate court. Its primary function is to review decisions made by trial courts and administrative agencies. The Court of Appeals has the power to affirm, reverse, or modify these decisions, ensuring that they conform to applicable laws and legal principles.
- The trial courts, which include circuit courts and superior courts. These courts have general jurisdiction and handle a wide range of civil cases, including personal injury lawsuits, contract disputes, and family law matters.
If a party is dissatisfied with the outcome of the trial court, they have the option to appeal the decision to a higher court. The appellate courts review the trial court’s decision for errors of law or procedural mistakes. They do not re-examine the facts of the case or hear new evidence. Instead, they focus on legal issues and ensure that the trial court followed proper procedures and applied the law correctly.
If a party has issue with a decision of the trial court during an active case and does not want to wait for an appeal, the attorney can file a writ petition.
Courts of Appeals have Discretion on Whether to Grant a Writ
A writ is a legal order issued by a higher court directing a lower court or government official to take a specific action. As mentioned, car accident lawyers seek writs when there is a need for urgent action or when an appeal may not be an adequate remedy. Some issues involved might include:
- Challenges to an assigned judge
- Designations of expert witnesses
- Rulings on evidentiary motions
- Discovery issues (though these are rare)
Courts of appeals have the authority to grant or deny a writ based on their evaluation of the circumstances and the merits of the case. They have the power to examine whether there is a genuine urgency that requires immediate action or whether the matter can be adequately addressed through the regular appeal process.
They will consider factors such as the potential harm that may result from delaying the proceedings, the likelihood of success in the appeal, and the availability of other legal remedies. Therefore, a car accident lawyer must present a compelling argument when seeking a writ to increase the chances of it being granted.
Consult an Experienced Indiana Car Accident Lawyer
Tabor Law has experienced litigators ready to use all possible legal mechanisms to succeed for our clients, including litigation, motions, and more. Call 317-236-9000 or contact us online today to discuss a possible case for free.
