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 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.
Aggravation of preexisting injuries and conditions is different. […]
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Hershey Personal Injury Lawyer
For over six decades, our acclaimed team of Hershey personal injury attorneys at Munley Law has been advocating for the rights of accident victims. Securing compensation for your injuries requires not just legal expertise but also compassionate representation. From your initial contact with us to the moment you receive your settlement check, we’re by your side, guiding you every step of the way to ensure you get the compensation you deserve.
When it comes to selecting a personal injury lawyer in Hershey, making the right choice matters. Choose carefully. Choose Munley Law.
Understanding Personal Injury Law in Hershey, PA
Navigating the intricacies of personal injury law can be overwhelming, particularly when dealing with an injury’s aftermath. In Dauphin County, understanding these legal guidelines is crucial for anyone filing personal injury claims. An individual may seek legal remedies if they have been harmed due to another person or entity’s negligence or wrongful conduct. […]
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Reading Warehouse Worker Injury Lawyer
Many industries in Pennsylvania rely on warehouse workers to support business. What many people fail to realize is the danger these workers face every day and the commonness of work-related injury.
Injured workers are pressured to keep moving after a work-related incident to keep production pace. Under workers’ compensation laws, employees can seek medical care and recover without fear.
Injured Reading warehouse employees need support. If you were hurt at work, call the workers’ compensation attorneys of Munley Law today.
Major Warehouse Employers in Reading, PA
Given its proximity to Philadelphia, New York City, Baltimore, and Washington, Reading, PA, is a hub for commerce. With a diverse workforce and transportation infrastructure, many warehouses exist in Berks County.
Major warehouse employers in Reading, PA include:
- Amazon
- Lowes
- UPS
- Uline
- S. […]
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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.
The only way to avoid at-will employment laws is to have stipulations in your employee contract or belong to the union.
If you believe your workers’ compensation claim led you to be fired or have questions about workers’ compensation laws, call Munley Law.
How Does Workers’ Compensation Work?
As an injured worker, you have rights under the Pennsylvania Workers’ Compensation Act. Under the Act, you can receive compensation for medical expenses and wage-loss compensation benefits until you can return to work. If the job injury results in fatality, death benefits are paid to dependent survivors.
If your injury or death was self-inflicted, […]
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Bethlehem Personal Injury Lawyer
A Bethlehem personal injury lawyer from Munley Law can stand by your side when an unexpected accident leaves you hurt, unable to work, and facing mounting medical bills. Whether you’ve suffered injuries from a car crash, slip and fall, or medical malpractice, these accidents can drastically change your life. Our experienced legal team helps accident victims and their families throughout Bethlehem and Pennsylvania recover the compensation they deserve for their injuries and losses.
If someone else’s negligence harmed you or a loved one, call Munley Law today for a no-obligation, free consultation.
Why Do I Need a Personal Injury Lawyer After an Accident in Bethlehem?
You are not legally required to hire an attorney for a personal injury claim, but it’s rarely wise to handle it yourself. Most Bethlehem residents choose a personal injury law firm like Munley Law for legal counsel so they can focus on healing from their injuries. […]
