What is an Appeal?
An Appeal is, “The complaint to a superior court of an injustice done or error committed by an inferior one, whose judgment or decision the court above is called upon to correct or reverse.” (Black’s Law Dictionary 124. 4th Ed. Rev. 1968)
The appeal process involves a losing party requesting a higher court to reconsider a ruling or decision made at trial. Most appeals take place in an appellate court. The party making an appeal is known as the appellant, while the original winning party is known as the appellee or respondent. Common errors that can be considered proper grounds for appeal may include legal application errors by a sitting judge, procedural errors conducted by attorneys, or evidence issues such as improper evidence being allowed in court or important evidence being wrongfully excluded from court. After arguments from both the appellant and appellee as to why a court’s decision is either proper or not, the appellant court will decide to affirm, reverse, or remand that decision. When a decision is remanded, that particular case is sent back to a lower court for a new trial or other proceedings.
An appeal can only be made after a final judgment is made. A case can not be appealed when it is ongoing or if facts of the case are in dispute. Rulings in cases such as Bowersock v. Missouri Valley Drainage Dist. of Holt County clarify that appeals are continuations of existing lawsuits, not lawsuits themselves. While appeals may lengthen the legal process, they are seen as vital parts of the justice system. They exist to insure that errors or issues don’t result in the wrong rulings.
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Personal Injury Claims: What to Expect
Getting hurt in an accident can turn your life upside down. Understanding how personal injury claims work will help you get the compensation you deserve while focusing on your recovery.
How Long Do Most Personal Injury Claims Take?
Most personal injury claims take four to 12 months to wrap up, though some cases might need more time. The timeline depends on how serious your injuries are, who was at fault, and whether the insurance company works with you or against you. If your case goes to court, it could take longer than if you settle outside court.
It’s smart to wait until your doctors say you’re as recovered as you’re going to get before settling. This way, you’ll know what your long-term medical needs and costs will be.
How Does the Claims Process Work?
The personal injury claims process is straightforward – […]
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What Is an Aggravation of a Preexisting Condition or Injury?
You may be eligible for compensation if you were injured on the job or in an accident resulting from the negligence of another party. You can seek compensation by filing an insurance claim or lawsuit.
However, your case may be uniquely complex if you have a preexisting condition. Along with compensation for any new injuries you may have sustained, you may also deserve compensation for the aggravation of a preexisting condition. Proving you deserve this compensation could be challenging, though.
Understanding Aggravation of a Preexisting Condition
What is an aggravation of a preexisting condition or injury? In a legal context, aggravation of a preexisting condition means that the condition was made permanently worse. This differs from exacerbation. When someone sustains an exacerbated injury, their previous injury temporarily worsens. However, said preexisting injury is likely to return to its previous state over time. […]
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Will My Employer Hold My Job While I Recover From a Work Injury?
Workers’ compensation benefits offer you a lot of things, like compensation for medical care, specific loss benefits, and payment of lost wages. But it doesn’t guarantee you’ll have a job to return to once your work-related injury or illness has recovered.
Pennsylvania is an at-will employment state, which means you can be let go from your position at any time, so long as it is not for a discriminatory reason. That would include filing for workers’ comp.
However, if your employer needs your job position to be active, for example, if you’re a full-time employee for a construction firm and are in the middle of a deadlined build, they have a right to replace you. But, when you return, they must offer you a suitable job replacement.
The only way to avoid at-will employment laws is to have stipulations in your employee contract or belong to the union. […]
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Why Do Semi-Trucks Have Spikes on Their Wheels?
While driving down the highway, you may notice the semi-trucks beside you have what looks like spikes coming off their tire rims. But what purpose do those spike studs hold, and what happens if you get into an accident with a truck driver and those spikes cause damage?
Munley Law explains the purpose of these lug nut covers and your rights in semi-truck accidents.
What Are Wheel Spikes on Semi Trucks?
Spikes on the wheels of semi-trucks are lug nut covers. They are meant to protect lug nuts from debris and corrosion over time but also have aesthetic appeal.
While wheel spikes look intimidating, they are often made of weaker metals like aluminum alloys and even sometimes plastic. So, if your vehicle came into contact with one, the worst that would happen is a few scratches on your car. […]
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PA Workers’ Compensation Denials
As a state with a long history of being at the forefront of industry, manufacturing, natural resources, and transportation, Pennsylvania has a long relationship with the fight for worker rights.
The need to safeguard workers became increasingly apparent as Pennsylvania’s industrial revolution moved forward in the early 20th century. Hazardous workplace conditions caused injuries to grow in both type and frequency. This surge in workplace accidents highlighted the necessity for laws designed to protect employees, leading to the development of workers’ compensation regulations. The Pennsylvania Workers’ Compensation Act of 1915 was a law that provided employees with financial protection while requiring employers to maintain workers’ compensation insurance coverage.
If you have experienced a workplace injury in PA, you should be able to rely on this historic Pennsylvania state law to provide a financial safety net for you and your family while you recover. […]
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