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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Emergency Guide: Your Pennsylvania Employer Won’t Report Workplace Accident – What to Do Right Now
If your Pennsylvania employer is refusing to report your workplace accident, you’re probably feeling panicked and confused about what happens next. The good news is that you still have rights even if your employer won’t cooperate, and Pennsylvania law is specifically designed to protect workers in exactly your situation. Time is critical because Pennsylvania law gives you limited windows to act, but workers who take immediate action recover 85% more in benefits than those who wait.
Your employer’s refusal to report your workplace accident is not just unfair – it’s illegal under Pennsylvania law. Every day that passes without proper reporting can cost you money and delay the medical treatment you need. The most important thing to understand right now is that you don’t need your employer’s permission or cooperation to file a workers’ compensation claim in Pennsylvania.
At Munley Law, […]
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Semi Truck Accident Claims: What You Need To Know
Semi-truck accidents are a particularly devastating and complex type of road incident that can result in catastrophic consequences for all parties involved. The size, weight, and power of these large commercial vehicles present unique challenges when it comes to road safety, accident prevention, and subsequent legal proceedings. In this article, we will delve into the various aspects of semi-truck accidents, examining the common causes, the potential severity of injuries and damages, and the legal complexities surrounding these incidents. By gaining a deeper understanding of semi-truck accidents and the factors that contribute to them, we can work together to promote safer roads and more responsible driving practices within the trucking industry.
Navigating the aftermath of a semi-truck accident can be an overwhelming and daunting experience, especially when it comes to pursuing compensation for the damages and injuries sustained. Given the unique challenges and complexities associated with any accident it is crucial to understand the intricacies of semi-truck accident claims. […]
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Delaware Truck Accident Lawyers
If you’ve been injured in a truck accident in Delaware, you may be facing a long and difficult road to recovery. A truck accident can change your life. After seeking medical care, one of the first things you should do is to consult an experienced truck accident lawyer.
At Munley Law, our nationally recognized truck accident lawyers have decades of experience holding trucking companies and their insurers accountable. We know how to investigate these cases, uncover the truth, and fight for the maximum compensation our clients deserve. Whether your crash happened on I-95, Route 1, or a local Delaware roadway, we’re here to help. Contact Munley Law today for a free consultation with an experienced truck accident attorney.
Common causes of truck accidents in Delaware
In 2023,2,074 traffic crashes in Delaware involved a tractor trailer or other commercial truck, injuring nearly 500 people. […]
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Is Workers’ Compensation for Independent Contractors Available?
When you are an independent contractor you have more flexibility and the potential to earn more than workers who make a straight salary working for a single employer. And while there are obvious benefits, you know from experience that with the flexibility and extra earning capacity that comes with working for yourself, there are added anxieties and responsibilities.
When you work for yourself, you have a lot of freedom but also a lot to think about, prepare for and worry about.
When you work for yourself and you sustain a work-related injury or illness, you may wonder how you can afford your medical bills or how you’ll get paid for missed time from work. Fortunately, if you have Pennsylvania workers’ compensation insurance, those benefits can provide necessary financial support while you recover.
Independent contractors work in every US business sector
According to an article by Business New Daily, […]
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When Should I Hire a Workers’ Compensation Lawyer?
Do I Need a Workers’ Compensation Lawyer?
When you have suffered a work injury, you might be wondering if you need a workers’ compensation lawyer and if so, where in the workers’ compensation process you should think about hiring a Pennsylvania workers’ compensation lawyer.
When you are injured at work or if you are suffering from an occupational illness, you are dealing with the anxiety of lost wages, mounting medical bills, and navigating the unfamiliar PA workers’ compensation system. After a work injury or diagnosis of an occupational disease, millions of injured workers wonder when is a good time to call a workers’ comp attorney. The short answer? Call for help as soon as you get hurt on the job or as soon as you have a diagnosis of your work-related illness.
The process for filing your workers’ comp claim may seem straightforward, […]
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