How to Appeal the Outcome of a Trial?

As of January 2022, most civil and criminal litigants in Virginia courts have a right to appeal unfavorable trial results. Legal representation in an appeal involves different procedures, skills, and strategies than at trial. The appellate process is writing intensive, with an emphasis on the lengthy appellate briefs the parties file with the appellate court.

What are Appeals of Right in Virginia?

Before January 2022, if a litigant appealed unfavorable results of a state court trial, the appellate court could grant or refuse the appeal. Now, both civil and criminal litigants in Virginia courts have an automatic right to appeal an unfavorable trial outcome to the Court of Appeals of Virginia. This is referred to as an “appeal of right,” as opposed to a discretionary appeal.

How do I Appeal the Outcome of a Trial in Virginia?

Appeals of right involve satisfying many procedural rules, including, but not limited to, the following: filing a notice of an appeal (Rule 5A:6), bonds (Rule 5A:17; Code § 8.01-676.1), preparation of the circuit court record (Rule 5A:7; Rule 5A:10A), filing and giving notice of filing transcripts or written statements (Rule 5A:8), designations of materials for an appendix and assignments of error (Rule 5A:25), and filing appellate briefs (Rule 5A:20 through Rule 5A:22).

How Much Time Do I Have to Appeal an Unfavorable Trial Result?

Litigants in Virginia must file a notice of an appeal within 30 days after entry of the trial court’s final order. (Rule 5A:6; Code § 8.01-675.3). If you miss this deadline, you may lose your right to appeal the case.

Do I Get to Submit New Evidence to the Appeals Court?

In general, appellate courts are limited to the record of the trial court and do not hear new evidence, such as testimony from witnesses. Thus, it is very important that the trial attorney develops a sufficient record of what happened in the trial court so that the appellate court can review the case. Additionally, to appeal an issue, the trial attorney must have raised and preserved that issue in the trial court. Generally, the party appealing the trial court’s decision cannot raise new issues on appeal.

What Are Possible Outcomes of an Appeal?

If you file an appeal of right to the Court of Appeals of Virginia, the appellate court could affirm, reverse, or remand the decision of the trial court. The court could also use a combination of these options, particularly if there are several distinct issues being appealed. A party aggrieved by the Court of Appeals of Virginia’s final decision may petition the Supreme Court of Virginia for an appeal. (Code § 8.01-670; Code § 17.4-411). The Supreme Court of Virginia has discretion to grant or refuse petitions for appeal.

How Much Do Appeals Cost?

The cost to appeal the decision of a Virginia trial court will vary from case to case, depending in part on the complexity of the issues involved and the length of the trial record. Because appeals can be expensive, we offer initial appellate evaluations. Such evaluations involve reviewing the trial record, assessing appealable issues, and providing recommendations on whether an appeal is advisable.

Camp Lejeune Class Action Lawsuit In Virginia

If you were diagnosed with cancer or another medical condition after exposure to contaminated water at Camp Lejeune, contact Anchor Legal Group, PLLC immediately. You might be entitled to compensation from the government.

Someone should be liable for the harm you suffered from the toxic substances in the Camp Lejeune water. Anchor Legal Group, PLLC can review your case and determine whether you’re eligible to participate in a class action lawsuit. Call us at 757-529-0000 or contact us online for your consultation today to learn more.

Contaminants Found in the Water at Camp Lejeune

Military service members, their families, and others living on or near the base camp between August 1, 1953, and December 31, 1987, were exposed to various chemicals in the contaminated water, including:

Trichloroethylene (TCE) – TCE is a volatile liquid commonly used as a cleaning solvent and degreaser. Paints, adhesives, and varnishes also contain the dangerous substance. The U.S. Environmental Protection Agency (EPA) classifies TCE as carcinogenic to humans. Repeated or prolonged exposure can cause kidney cancer, non-Hodgkin lymphoma, and other types of cancer.
Perchloroethylene (PCE) – PCE is a probable human carcinogen linked to various medical conditions, such as liver damage, neurological effects, and cancer. Exposure can occur through skin contact, inhalation, or ingestion.
Benzene – Benzene is a chemical used as a solvent to produce synthetic fibers, detergents, plastics, rubber, pesticides, and other products. Short-term exposure can cause unconsciousness, dizziness, headache, confusion, and death. Medical evidence shows consuming water contaminated with benzene or long-term exposure to the substance can lead to leukemia, bone marrow damage, and anemia.
Vinyl chloride – Vinyl chloride is a chemical primarily used to produce polyvinyl chloride (PVC). It is a human carcinogen linked to leukemia, liver cancer, and other forms of cancer. It can also cause kidney and liver damage.

What Caused Contaminated Water at Camp Lejeune?

ABC One-Hour Cleaners was one of the parties responsible for contaminating the water at Camp Lejeune. The dry cleaning company didn’t use the appropriate waste disposal procedures. Waste leaked into the base’s water supply causing chemicals to end up in the groundwater and soil from the septic tank.

ABC One-Hour Cleaners isn’t the only party at fault for toxic chemicals entering the water. Leaks from underground storage tanks and drums, incorrectly handled chemical waste on dumpsites, and inadequately cleared chemical spills could also have contributed to the toxic water.

Hadnot Point is a water treatment plant that provides drinking water to barracks, recreational areas, schools, and family housing units at Camp Lejeune. Samples of water from the wells contained high levels of PCE.

According to the EPA, the acceptable level of PCE in drinking water is five parts per billion (ppb). However, the water supply at Hadnot Point detected as much as 1,400 ppb of the chemical.

Common Diseases Caused by Exposure to Contaminated Water

Military servicemembers and their families reported various medical conditions from exposure to the toxins in Camp Lejeune’s water supply. Below are the most common.

Liver Damage

Liver damage can occur from exposure to PCE, TCE, and other dangerous substances in Camp Lejeune water. It can lead to multiple medical issues, such as:

Cirrhosis – Cirrhosis occurs when there’s scarring and damage to the liver. Toxins can build up in the blood and have potentially fatal consequences.
Jaundice – Jaundice is a medical condition causing yellowing of the skin and whites of the eyes from a build-up of bilirubin in the blood. Bilirubin is a yellowish pigment made when red blood cells break down.
Hepatitis – Hepatitis is liver inflammation resulting from various factors, including infectious viruses and noninfectious agents. Multiple types of hepatitis can lead to liver cancer, liver disease, and cirrhosis. Hepatitis can be fatal without immediate detection and treatment.

Reproductive Problems

There is a link between reproductive problems and the contaminated water at Camp Lejeune. The most common issues include:

Miscarriage
Infertility in men and women

Cancer

Most substances found in the base camp’s water are human carcinogens. Exposure can lead to different types of cancer, including:

Kidney cancer
Leukemia
Non-Hodgkin lymphoma
Multiple myeloma
Liver cancer
Pancreatic cancer
Lung cancer
Bladder cancer
Esophageal cancer
Lymphoma
Prostate cancer

Birth Defects

Women who lived on or near the base camp and drank contaminated water while pregnant have an increased risk of having children with birth defects. The most common birth defects linked to PCE, TCE, and other contaminants include:

Heart defects
Cleft lip and palate

Additional Medical Conditions

Exposure to toxic substances in the Camp Lejeune water can cause other diseases and medical conditions, such as:

Parkinson’s disease
Lou Gehrig’s disease
Scleroderma
Aplastic anemia and other myelodysplastic syndromes
Neurobehavioral effects
Lung disease
Renal toxicity

Eligibility for the Camp Lejeune Justice Act

Multiple individuals were affected by using contaminated water while living on or near the base camp in North Carolina. You might qualify for a payment from the government if you were at Camp Lejeune between August 1, 1953, and December 31, 1987, for at least 30 days and exposed to dangerous chemicals in the water. The groups of people eligible include:

Civilian workers
Veterans who served on active duty at the base camp
Families of military members who lived at Camp Lejeune
Guardsmen and reservists

You must have proof of being at Camp Lejeune during the required timeframe and a medical condition linked to exposure to PCE, benzene, TCE, or another substance found in the water.

Laws Affecting Veterans and Families Harmed by Toxic Exposure

The Honoring Our PACT Act expands the benefits and health care military veterans can receive from toxic exposure during active duty service. The law address multiple factors, including:

VA healthcare eligibility expansion and extension for veterans of the Vietnam War, Gulf War, and post-9/11 eras who suffered toxic exposure
Over 20 new presumptive conditions for exposure to toxic substances in burn pits, drinking water, airborne gases, and other hazards
Improvements in the research, education, and treatment associated with toxic exposure
Requirements for the Department of Veterans Affairs to provide veterans enrolled in VA healthcare with screenings for toxic exposure
Additional presumptive exposure locations for Agent Orange and Radiation

The Pact Act includes the Camp Lejeune Justice Act. This Act allows military veterans, their families, and anyone who worked or lived at Camp Lejeune between August 1, 1953, and December 31, 1987, for 30 days or longer to bring a civil action against the government.

Typically, sovereign immunity prevents people from filing lawsuits against the government or its employees. However, the Act waives the government’s immunity for these injuries. That means anyone harmed by the contaminated water at Camp Lejeune can seek legal action for compensation.

The Act also sets the statute of limitations for Camp Lejeune Justice Act Claims. Talk with your attorney to determine the filing deadline in your case.

The Honoring America’s Veterans and Caring for Camp Lejeune Families Act requires the Department of Veterans to provide health care to veterans exposed to industrial solvents, benzene, and other contaminates while on active duty service at Camp Lejeune during the required timeframe. Eligible family members can be reimbursed for medical care related to a qualifying disease or medical condition.

Compensation for Camp Lejeune Water Contamination

If you participate in a claim or lawsuit, the compensation you receive might cover your:

Prescriptions, hospital stays, surgeries, and other medical expenses
Lost wages
Lost earning capacity
Out-of-pocket costs
Pain and suffering
Loss of enjoyment or quality of life
Emotional distress

Find Out if You Qualify for a Camp Lejeune Claim

You fought for your country but now face medical issues because of the contaminated water at Camp Lejeune. You deserve the chance to pursue compensation for your medical bills and other expenses.

Anchor Legal Group, PLLC is ready to represent you in a class action lawsuit against the government. We will protect your rights and fight hard to seek justice for the suffering you experienced.

If you developed a medical condition from exposure to toxic water at Camp Lejeune, contact Anchor Legal Group, PLLC today for a consultation with an experienced Attorney. We can advise you about your legal options and whether you’re eligible to participate. Our legal team is available 24/7 to speak with you. Call 757-529-0000 or reach out to us online.