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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Workers Compensation Lawyer for Sam’s Club Warehouse
Sam’s Club is a chain of warehouse stores that scores profits of $50 billion every year, boasting member-exclusive priced home and lifestyle products. However, due to the immense range of products and the speed with which the staff must work to process large order quantities, accidents amongst employees can happen. Some of these incidents could lead to life-altering injuries that require ongoing medical attention and lowered lifetime earning capacity.
The risk of injury is present for all American warehouse workers. In 2020 alone, there were 213,100 warehouse-related injuries reported in the US. The year prior, the warehouse industry saw the second-highest number of fatal workplace injuries in any industry.
If you’re one of the nation’s 100,000 Sam’s Club employees, you know that the company has faced some profiled injury settlements. As of January 2022, Sam’s Club operates 600 membership warehouse clubs in the United States. […]
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What Is the Difference Between a First-Party and Third-Party Claim?
When you are involved in an accident, you may wonder where you’ll get the compensation needed to recover. Is it your insurance who foots the bill or the other parties who may be at fault? Further, can you still file a lawsuit if you have insurance? First-party and third-party insurance claims are similar in what you can recover in many ways–the key difference is in who is held liable.
Here is what you need to know about first-party and third-party insurance claims.
What Is a First-Party Claim?
In essence, a first-party insurance claim is one where you as the victim of an accident or injury make a claim against your insurance. This means you’ve paid and have an insurance policy for such events and will recover compensation from that policy.
If you have insurance, a first-party claim allows you to notify your insurance company of the accident and from there, […]
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Questions to Ask Your Workers’ Comp Lawyer
Know What to Ask an Experienced Workers’ Comp Lawyer
A workplace accident may mean prolonged medical treatment, physical therapy and rehabilitation, and time off work. Workers’ compensation benefits exist to cover these expenses, but obtaining your benefits isn’t always easy. A workers’ compensation lawyer can help you recover the benefits you are owed.
In Pennsylvania, most employees are covered under workers’ comp for medical costs and lost wages caused by a work-related injury or death. Under Pennsylvania’s workers’ compensation law, injured workers have a right to file a workers’ compensation claim if they have been injured while carrying out their work-related tasks either on-site or off-site. How long these benefits last depends on the severity of your injury and the possibility of long-term disability.
Unfortunately, employers and insurance companies often deny workers’ comp claims, even when they are valid. That’s where a workers’ comp lawyer can help. […]
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When to Hire a Workers’ Comp Lawyer
How Do You Know When to Hire an Injury Lawyer?
Getting hurt on the job can cause big problems. Workplace injuries can be serious, and even result in death. According to the Bureau of Labor Statistics, 2.7 million workplace injuries and illnesses occurred in 2020. If you were injured on the job, you may need to miss work to deal with expensive medical treatment, lengthy and costly rehabilitation.
Thankfully, there are workers’ compensation benefits to cover injured workers’ medical expenses and lost wages. These benefits can also compensate families of workers who are killed on the job. By filing a workers’ comp claim, you can recover the compensation you deserve to cover the costs of your injuries.
But how do you know when you need to hire a workers’ compensation lawyer to handle your claim? Munley Law Personal Injury Attorneys workers’ comp lawyers can help you understand your rights and if you need a workers’ compensation lawyer to handle your claim. […]
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Workers’ Compensation Back Injury Claim
If you’ve suffered a back injury at work, hire an experienced workers’ comp attorney
A work-related back injury can have long-lasting affects, ranging from a few missed shifts to short-term or permanent disability. Pushing yourself to keep working despite a back injury can lead to a prolonged recovery process or permanent damage.
At Munley Law Personal Injury Attorneys, our Pennsylvania workers’ compensation lawyers can help you navigate the process of filing or appealing your claim so that you receive the compensation you need to recover from your back injury. Where full recovery isn’t possible, we will fight to recover the compensation you deserve to account for your new reality.
Common Workers’ Compensation Back Injury Claims
Filing a workers’ compensation claim for a back injury isn’t limited by your field or profession—anyone can sustain a back injury at work, […]
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