Do You Need An Attorney To File An Appeal?
Posted on: 1 March 2017
If you've recently received an unfavorable ruling in a personal injury case you brought against the person or company responsible for your injuries, you may be wondering what to do next. Even if your attorney took your case on a contingency-fee basis, ensuring you owed nothing for these legal services unless you prevailed at trial, you're likely still dealing with medical bills and other expenses for which you need compensation. However, the appellate process can be confusing, and you may not know how to proceed -- especially without an attorney. Read on to learn more about some common grounds for appeal, as well as the factors you'll want to consider when deciding whether to seek legal counsel during the appellate process.
When would you want to appeal a dismissal or judgment against you?
In some cases, a dismissal or adverse judgment is made on a procedural basis, rather than on the merits of your case; if this is the situation, it's almost always worthwhile to appeal so that your case can finally be decided on the merits.
However, if your case was decided against you on the merits, with all the available evidence offered to the judge or jury, the decision of whether to appeal is a much tougher (and more fact-intensive) one.
Do you need an attorney to file an appeal?
There are several seminal cases from around the country protecting each individual's right to represent him- or herself in court -- however, just because you can represent yourself in an appeal doesn't mean this is a good idea. The appellate process is subject to some rules and regulations that can be quite different from those found in the trial court, and once you've exhausted your appeals, your case can no longer be considered.
For example, failing to raise a specific argument on appeal waives that argument going forward -- so missing an issue on which you could prevail could result in the dismissal of your appeal, even if you do have evidence that would otherwise turn the case in your favor. Appellate attorneys have experience in spotting these dispositive issues and (sometimes even more importantly) knowing which issues to leave behind.
In most cases, it's worthwhile to consult with an appellate attorney before making a decision on your own appeal, as this attorney can give you some idea of how much your case is worth and your likelihood of success at trial. But you'll want to make this appointment quickly -- each state has strict time limits on the filing of an appeal, and missing this deadline could mean your case is forever barred.
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