STATEWIDE FROM THE PANHANDLE TO THE FLORIDA KEYS INCLUDING FT. LAUDERDALE, MIAMI, HOLLYWOOD, SUNRISE, BOCA RATON, WEST PALM BEACH, ORLANDO, TAMPA AND DAYTONA

It’s a reality that many workers’ compensation cases that go to trial are eventually appealed by one side or the other. An order that took months or years to attain can still be overturned on appeal. Whether you are trying to preserve the lower court’s decision or overturn it, we can help. We are prepared to continue the fight after the original order in the trial court.

The appellate process requires an appellate attorney

The appellate process is very different from the traditional trial process. Appellate courts don’t retry cases or hear new evidence. They review what has occurred in the original case to see if the proper procedures were followed and the correct laws applied. The appellate decision often comes down to an understanding of a few very specific and salient points focusing on the procedure history of the original case and the application of black letter law.

The appellate lawyer focuses on identifying those salient points of law to support the client’s position and make the appellate court understand why an order should be affirmed or reversed. The skill set of an appellate lawyer is very different than that of a trial attorney. Where a trial attorney is adept at presenting evidence and telling the story of the client’s case, an appellate attorney is focused on black letter law and research. With so much riding on the outcome of an appellate decision, it makes sense to have an attorney that focuses in appellate law handle the appeal.

If, early in the initial trial process, it is thought that the Judge of Compensation Claims ruling may be appealed by one side or the other, it may be wise to involve an appellate attorney in the trial court proceedings so that the best and most appropriate arguments are presented to the lower court and to insure that the appropriate record is made for the appeals court to review.

We have successfully handled appeals supporting our firm’s workers’ compensation defense cases. We also advise clients whose defense cases are long handled by other firms and an independent opinion is needed as to the likelihood of a successful appeal.

Trial Support

In the courtroom, a trial attorney often has so many things to worry about while focusing on the main priority –the flow of the trial – to maximize the best possible outcome. In working with trial attorneys, our focus is on capturing the necessary legal issues in the trial record and working to ensure that no potential appellate issue is waived. We will also aid in drafting and arguing pre-trial and post trial hearing motions; consult and research on complex legal issues and act as another set of eyes and ears.

Our litigation and trial support assistance can be invaluable in ensuring that all possible bases for either arguing or defending an order on appeal have been identified and will be available to use. Our experience has earned the trust of trial attorneys who consult with us to shape litigation strategy before and during a trial.

Contact the appellate attorneys of Massey, Coican & King, PLLC, by email or at (954) 527-3919 to schedule a no cost consultation about your claim defense needs.

Massey, Coican & King, PLLC (MC&K) located in Ft. Lauderdale, Florida practices appellate law in all Florida Appellate courts including the 3rd DCA and 4th DCA and trial support for plaintiff and defense attorneys throughout Florida, including Miami, Ft. Lauderdale, Hollywood, Sunrise, West Palm Beach, Orlando, Fort Myers, Daytona, Sarasota, Tampa, Melbourne, Jacksonville, Gainesville, Tallahassee, and Pensacola.