I Lost My Case – What Do I Need to Do to Win the Appeal?
- Posted on: May 15 2019
If you’ve lost a personal injury case, you may have resigned yourself to paying out of pocket for all of your medical costs and other expenses. However, you always have the option to appeal the case. If you’re going to appeal, though, you need to approach the case differently. You’ve lost the case once, you don’t want to lose the appeal. That means coming up with a different strategy or approaching things from a new angle. Here are a few things you need to keep in mind to win your appeal.
The Judges Are Not Familiar With Your Case
One thing to remember is that the appeal judges (there will be three on the panel) will not be familiar with the case. This means you need to rethink how you presented it in the first place. Your appeal should list all of the facts you know are absolutely true—don’t leave anything out, even if you did the first time. State your case clearly, and give a logical argument to back up why you believe the verdict from the first case needs to be overturned. Your attorney will assist you with all of this.
The Details Are Important
It’s very possible you lost your first case because you didn’t include many of the small details that surrounded your injury. In court, every little detail matters. Something that might seem like a technicality could be the one point that overturns the verdict. Sit down with your lawyer and present all of the facts of your case as if you were doing so for the first time, leaving absolutely nothing out.
Why Did You Lose?
Why did you lose the first case? Consider the reasons given and carefully consider your situation before you appeal. Can you present new facts or arguments that will address these reasons? If not, it may not be in your best interests to appeal the case. It’s hard to win an appeal since the case has already been heard by a legal expert, so you have to be sure you have a chance before you invest the time and money.
Want to discuss an appeal with a professional? Contact Held & Hines, Attorneys at Law, today for a consultation.