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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What Happens If an Employer Doesn’t Report a Workplace Accident?
Pennsylvania workers’ compensation provides financial benefits to workers for job-related accidents and occupational diseases. With very few exceptions, every employee in PA is entitled to workers’ compensation benefits if they become injured or sick as a result of workplace accidents or working conditions. When you suffer a work-related injury or disease, you have the right to file a claim for workers’ compensation benefits. The state sets strict guidelines for workers and their families to follow in order to remain eligible for benefits.
Your employer also has responsibilities to file the correct paperwork, adhere to deadlines, and ensure their incident reports are filed with the state.
If you have been injured in a work accident and your claim for workers’ compensation benefits has been denied because your employer failed to file the legally required paperwork, call the expert workers’ compensation attorneys at Munley Law today. […]
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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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Reading Workers’ Compensation: Specific Loss Benefits
A work injury can be devastating to you and your family. Missed work for recovery, medical visits, and the mountain of medical expenses related to your injury can lead to anxiety and fear for the future.
When you are hurt at work in Pennsylvania, you have a financial safety net called workers’ compensation insurance. Under Pennsylvania law, almost all employers in the commonwealth are required under the PA Workers Compensation Act to carry workers’ compensation insurance for all of their employees. Most employees, full-time, part-time, and even seasonal workers are eligible to receive workers’ compensation benefits for a work-related injury or illness.
Many different types of injuries are covered by PA workers’ compensation laws, including when a specific part of the body is hurt even when that injury does not cause you to miss work.
Injuries that cause loss of use of a body part, […]
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Delaware Truck Accident Lawyers
If You Have Been Involved in a Truck Accident in Delaware, Call Munley Law Personal Injury Attorneys Today
A crash with a truck is no ordinary event. 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 who will inform you of your rights and take any steps necessary to ensure the transportation and insurance companies won’t avoid responsibility. Their legal team will be ready to deny fault for your injuries – you need someone on your side to represent you.
The consultation with our attorneys is free, and we don’t collect any payment for our services unless we win your case in the form of a settlement or jury verdict. To learn more about what it means to have a Munley Law Personal Injury Attorneys Truck Accident lawyer representing you, […]
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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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