What To Do When Your Workers' Compensation Lawsuit Fails

29 November 2016
 Categories: , Blog


Most lawyers will not take on a case unless they think they can win it for their clients. That is not to say that a lawyer will not take your case if you do have the money to retain him or her and you want to fight something you know is wrong. However, some cases, especially those with workers compensation, can head south in a hurry. It happens for any number of reasons, including a lack of evidence to support your claim. If your workers compensation lawsuit definitely did not turn out the way you had expected, you can appeal. Here is how to appeal the decision on such a case.

Hire a Different Lawyer 

If you feel that your lawyer was at fault for your lost case, fire him or her and hire a different one. You are entitled to do so, since your lawyer should work for you and do what you need him/her to do to win your case. You may have to consult with more than one lawyer to find one that is not only willing to take your case, but is also willing to work harder at getting results.

Make Sure Your Appeals Hearing Goes Before a Different Judge

Different judges will carry their personal and political opinions into the courtroom. They see things very differently. Providing certain information to one judge that was not provided to the other may also sway the decision in your favor. Regardless of the circumstances surrounding your case, you will still want and need a different judge to hear your appeals case so as to prevent any prior prejudicial feelings from the first judge entering into your appeals decision. Your new workers compensation lawyer can check the court schedule and make a special request for your case to be heard in front of a different judge.

Make Sure You Have ALL of Your Documentation

Finally, if anything was left out or missing from your first hearing, make sure nothing is left out of your appeals hearing. There may be some information your lawyer will want to omit if it is not necessary, but all of the information and documentation should be given to your lawyer. It should also be well-organized and comprehensive so there are no misunderstandings as to what each document means to your case. Knowing that you supplied everything possible can ease some of your distress about the previous hearing and bolster your sense of calm for the appeals hearing.

Contact a workers compensation lawyer at a law firm like Locklin & Mordhorst for more information.


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