What Happens If You Lose Your Civil Case? Considering an Appeal in Washington State
If you’ve just received an unfavorable ruling in your civil litigation matter—whether it’s a real estate dispute, business lawsuit, trust or estate case, or family law proceeding—it is natural to feel frustrated, disappointed, or even overwhelmed. You’ve invested significant time, money, and emotional energy into your case. You may be wondering whether you have any options left.
One of the most important decisions you can face after losing in trial court is whether to appeal. Below is a discussion of what an appeal actually is, when an appeal should be considered, and what you should think about before pursuing one under Washington law or in federal court.
Understanding What an Appeal Is—and What It Is Not
An appeal is not simply a second chance to re-argue your case or present new evidence. Instead, appellate courts review the record of the trial court proceedings to determine whether legal errors were made that materially affected the outcome.
Appeals focus on questions such as:
- Did the judge incorrectly apply the law?
- Did the court improperly admit or exclude evidence?
- Did the court abuse its discretion in making critical rulings?
- Was there insufficient evidence to support the judgment under the applicable legal standard?
The appellate process is conducted primarily through written briefs, while in-person oral argument is limited. Typically, your lawyer prepares detailed briefs explaining why the trial court decision should be reversed or modified, and then receives only a few minutes to answer the Court’s questions in-person.
When Should You Consider an Appeal?
An appeal is not appropriate in every situation. In our experience representing clients in complex civil matters, an appeal should be considered when:
- You believe there was a clear legal error. For example, the judge applied the wrong legal standard, misinterpreted a statute or contract, or issued rulings inconsistent with controlling legal precedent.
- The error was prejudicial. Not all mistakes are grounds for reversal. To succeed on appeal, you generally must show the error likely changed the outcome.
- There is a meaningful chance of success. Appeals are an uphill battle. Statistically, most decisions are affirmed. A thorough evaluation by appellate counsel can help you realistically assess the likelihood of prevailing.
- The stakes justify further litigation. Appeals can be time-consuming and expensive. If the potential benefit does not justify the cost, it may not be worthwhile to pursue the appeal.
Factors to Weigh Before Deciding to Appeal
Before moving forward, it is critical to weigh these considerations:
1. Timing and Deadlines
Appeals are subject to strict deadlines. In Washington State Superior Court civil cases, you typically must file a notice of appeal within 30 days after the entry of the final judgment. Missing the deadline usually means you lose your right to appeal.
2. Cost and Duration
Appeals require significant attorney time to prepare the record, research complex legal issues, and write appellate briefs. They often take 9–18 months (or more) to resolve. You should discuss fees, costs, and potential return on investment with your counsel.
3. Potential for Further Review
Even if you prevail on appeal, the case may be sent back to the trial court for additional proceedings. In some instances, your opponent could also seek review in the Washington Supreme Court.
4. Impact of the Judgment During Appeal
Unless you obtain a stay (i.e., an order pausing enforcement), the judgment may be enforceable while the appeal is pending. For example, in a real estate case, this could mean a foreclosure or forced sale may proceed. You may need to post a supersedeas bond to delay enforcement.
5. Alternatives to Appeal
Sometimes, post-trial motions—such as a motion for reconsideration or a motion for a new trial—can be appropriate. In other cases, settlement discussions may still be possible, particularly when both sides wish to avoid further uncertainty and expense.
How Beresford Booth Can Help
Deciding whether to appeal requires careful analysis, strategic judgment, and practical advice. Our firm regularly assists clients in evaluating and prosecuting appeals in Washington State and federal courts. We will:
- Review your trial record in detail
- Assess whether the judge made reversible legal errors
- Provide a candid evaluation of your chances of success
- Help you weigh the costs and benefits of an appeal
If you have received an adverse ruling and are considering next steps, we invite you to contact us promptly. The time to act is limited, and early consultation is essential to preserve your options. Please contact Beresford Booth at info@beresfordlaw.com or by phone at (425) 776-4100.
