The goal of any injury lawyer at trial is to win the case and obtain fair compensation for the client. Unfortunately, even the most skilled attorneys can’t promise they will win every case. Our Orlando injury lawyers strongly believe in our clients, and we will fight tenaciously for a favorable outcome. Part of doing that means preparing properly for an appeal – which actually starts even before the trial gets underway. It’s sort of like insurance: The hope is that you won’t need it, but if you do, you want to know it’s there.
The reason this is important is that generally appellate courts will not take notice of issues and disputes that were not properly raised, challenged or preserved before the trial court.
There are many ways to do this. As The American Bar Association points out, preserving matters for appeal is usually an ongoing effort throughout trial. It involves:
- Making sure the pre-trial record is clear and pretrial orders are carefully reviewed for error or oversight;
- Making sure that the statements of fact are coherent, cohesive and interesting (because appellate courts will simply be reviewing the cold record of the case);
- Making good objections to challenge to correct any misstatement of the court or defense counsel immediately;
- Carefully reviewing/ requesting modifications to the jury charge;
- Filing post-trial motions such as judgment notwithstanding verdict, request for a new trial, etc.