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Lawsuits & Litigation

5 Things to Consider Before Appealing a Case

— April 6, 2021

Not only do you need enough time, but cash too. Going to court is expensive.

Appealing a case is a big move. Reading through all the points below will help you know if you should take the leap or not. 

Was There an Administrative Mistake? 

Take a look at all the documents that were presented to court. Unfortunately, there may be an administrative mistake that no one noticed. If there was a trial, the administrative mistake might have been so important that it causes the jurors to vote against you. 

As mentioned, note if the error was significant or not. There is no point appealing if it won’t change the final outcome. 

Was the Error Preserved?

Let’s say you’ve found a major error. There is no way you can raise it if it wasn’t noted down in the trial records. It should have been brought to the judge’s attention through objection, court filing or argument during the trial process. 

What Do Others Say? 

You may think you have grounds to appeal. But you’re better off not doing so – you might be so invested in the case that you don’t care about trying again. Get an expert opinion on what you should do. There are firms that specialize in appeal cases. If you’re interested in finding the top appeal lawyers Toronto has some of the best around. 

Do You Have the Resources? 

You don’t need us to tell you that court cases take a long time. The case you lost could have taken months if not a whole year to come to a verdict. You’ll be going through this again, which is something you have to consider if you’re a busy person. This is especially true as one court hearing can go on for the whole day. 

Not only do you need enough time, but cash too. Going to court is expensive. Consider whether the time and money you’ll be spending would be worth it in the end. The attorney you’re working with may charge extra for appeals as well – you’ll have to look into his or her contract.

Appeals Court Rejects Opioid 'Negotiation Class' Idea
Photo by Wesley Tingey on Unsplash

Know that the litigator isn’t the only person you’d have to pay. Getting the transcript of the error would be pricey too. A lot of the time, appellants see the charge and back out from appealing. 

Will the Appellee Fight? 

Once the appeal has been filed, will the appellee defend it? If it’s a financial matter, it’s better for you if they settle. But they might be willing to fight and defend the appeal, making things harder for you. 

Considering all the points we ran through, it’s clear that there are many things to consider before appealing a case. The most important one is whether you have the resources to do so. It’ll take a lot of time and money on your part. 

You should also note if fighting the case again would be worth it – you may be too invested in it to see the downsides. So, keep these points in mind if you’re planning to go ahead with an appeal.

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