What are some factors that influence a decision to appeal?

UPDATED: Jul 17, 2023Fact Checked

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption

Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

UPDATED: Jul 17, 2023

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

UPDATED: Jul 17, 2023Fact Checked

The objective of the appeal should be an important factor in deciding on an appeal. Is your goal to seek a new trial? Is it to reduce the amount of damages? Is it to buy time? Is it to establish a new legal principle? Or, are you seeking leverage for some compromise or settlement arrangement? As it is quite common for the winning party to discount slightly a judgment or to agree not to collect court costs in order to persuade the loser not to appeal, you may be able to benefit should you negotiate not to appeal.

If you are convicted in a criminal case and are going to be spending years in jail you may decide to appeal as “what is there to lose”? On the other hand suppose yours is a civil case involving an issue of recurring importance to your business (such as the size of type you used in your contracts). Suppose also that you believe the judge’s instructions to the jury were wrong and as a result you lost, but damages were small, and there was no published decision. If you appeal you risk having an appellate court find what may be used against you in other cases and/or generate adverse publicity.

Case Studies: Factors That Influence a Decision to Appeal

Case Study 1: Seeking a New Trial

In a personal injury case, Sarah was awarded damages, but she believes the amount is insufficient to cover her medical expenses and lost wages adequately. Her objective is to seek a new trial to present additional evidence supporting the extent of her injuries and losses. By appealing, Sarah hopes to obtain a larger compensation that reflects the full impact of her injuries.

Case Study 2: Establishing a New Legal Principle

In a business dispute over a contract, John’s company lost the case due to the judge’s incorrect interpretation of a crucial contractual clause. John’s objective is not only to overturn the judgment for his business but also to establish a new legal principle that clarifies the correct interpretation of the clause. By appealing, he aims to set a precedent that will benefit his company and others facing similar contractual disputes in the future.

Case Study 3: Risk and Reward Calculation

After being convicted in a criminal case, Michael is facing a lengthy prison sentence. He decides to appeal because he believes he has nothing to lose. In his view, the risk of an unfavorable outcome on appeal is outweighed by the potential reward of getting a reduced sentence or having his conviction overturned entirely. For Michael, appealing is a chance to fight for his freedom and seek justice.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption

Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption