What Damages Are Available in Wrongful Death Lawsuits?

A wrongful death claim is a civil lawsuit filed by a family that has lost a loved one due to the negligent acts of another person. No amount of money can bring their loved one back, but filing a wrongful death claim can help the family avoid financial hardship after a tragic death. Here’s a look at some of the damages that are available in wrongful death lawsuits:

Expenses

The victim’s surviving family members are entitled to compensation for expenses they have incurred as a result of the victim’s wrongful death. Usually, this includes funeral expenses and medical bills that the victim incurred prior to passing away.

Loss of Income

If the surviving family members were financially dependent on the victim, they could recover compensation for their loss of income. The court will take a number of factors into consideration when calculating loss of income, including the victim’s salary, advancement opportunities, overall health, and life expectancy. These factors are used to determine how long the victim would have worked if he were still alive and how much money he would have made to provide to his dependents. Recovering this compensation is crucial for victims who were solely dependent on the victim and are struggling to make ends meet after the wrongful death.

Loss of Benefits

Family members that were financially dependent on the victim also lose certain benefits after the victim’s death. For example, a child that was covered by the victim’s health insurance plan will no longer have medical coverage after the victim’s death. Other examples of benefits include pension plans, retirement benefits, and disability benefits. Fortunately, the law allows victims to recover compensation for the loss of these valuable benefits.

Non-Economic Damages

So far, all of the damages that have been discussed are economic damages, which are awarded to compensate victims for tangible losses or expenses. Victims are also entitled to an entirely different type of compensation known as non-economic damages. The court awards the victim’s family members non-economic damages to compensate them for their pain and suffering, loss of companionship, loss of care, and loss of consortium. It is hard to calculate the value of non-economic damages, which is why this task should be left up to an experienced attorney.

Have you lost a loved one due to the negligent acts of another person? If so, contact The Missouri DWI & Criminal Law Center at the Benjamin Law Firm, LLC at once. Let our experienced attorneys recover the compensation your family needs to avoid financial hardship during this devastating time. Call our office at 816-322-8008, email us at info@benjaminlawkc.com or fill out our confidential online form to schedule a consultation today.

Who is Liable For Truck Accident Injuries?

Truck accident cases are typically much more complex than car accident cases. This is especially true when it comes to determining who is liable. One of the drivers involved in the crash is usually held responsible in a car accident case, but there are a number of potentially liable parties in a truck accident case. Here’s a look at who could be liable for your truck accident injuries:

Truck Drivers

Truck drivers are often held liable in truck accident cases. The driver is held liable when it is determined that his negligence directly led to the crash. For example, if the driver was speeding or driving reckless at the time of the crash, he could be held liable for the victims’ injuries.

Trucking Company

The truck driver’s employer is also potentially liable for truck accident injuries. The trucking company is liable when their failure to comply with federal regulations led to the accident. For example, let’s say a truck driver crashes into a vehicle because he is so tired he cannot keep his eyes open. Later, it is discovered that the trucking company violated federal regulations by overscheduling the driver prior to the crash. In this case, the trucking company was negligent by failing to comply with the regulations, so they could be held liable.

Trucking companies are also held liable due to the “respondeat superior” legal doctrine. According to this legal doctrine, employers are legally responsible for negligent acts of their employees that take place while the employee is performing his job duties. Basically, this means the trucking company is potentially liable for injuries caused by their truck driver’s negligence.

Cargo Companies

Many truck accidents are caused by improperly loaded cargo. If the cargo is not secured in place or if the weight of the cargo is not evenly distributed, the driver could lose control of the truck and collide with another vehicle through no fault of his own. When this happens, the company that loaded the cargo onto the truck is legally liable for the victims’ injuries.

Truck Parts Manufacturers

Some truck accidents are caused by defective parts, such as malfunctioning brakes or tires. If a defective part caused the crash, the liability falls on the manufacturer that produced the part.

Have you been injured in a truck accident? Let the experienced attorneys at The Missouri DWI & Criminal Law Center at the Benjamin Law Firm, LLC work tirelessly to hold the liable parties accountable for your injuries. Call our office at 816-322-8008, email us at info@benjaminlawkc.com or fill out our confidential online form to schedule a consultation today.

How to Remove Your Name From the Sex Offender Registry in Missouri

How to Remove Your Name From the Sex Offender Registry in MissouriA new law was recently passed in Missouri that allows certain sex offenders to remove their names from the state’s sex offender registry. As a result of this law, many sex offenders are now eligible for removal from the registry for the first time. If you meet the criteria outlined in the new law, it’s important to begin the process of taking your name off of the list as soon as possible. Here’s how to remove your name from the sex offender registry:

File A Petition

Work with an attorney to file a petition for removal in the division of the circuit court in the appropriate county or city. The court will immediately dismiss the petition if it does not contain the appropriate information, including your name, sex, race, date of birth, Social Security number, address, place of employment, offenses committed, date of registration, and case number. The petition must also include your fingerprints placed on a special card provided by the court.

Pay Fees

You will need to pay several fees during the process of petitioning for removal from the sex offender registry. This includes court fees for filing the petition in addition to fees related to the fingerprint-based criminal background check.

Give the Prosecuting Attorney Notice

It is your responsibility to notify the prosecuting attorney in the circuit court that you have filed a petition for removal from the sex offender registry. The court will automatically reject your petition if you fail to take this step.

The attorney needs to be notified in case he would like to fight your removal from the registry. Prosecuting attorneys are allowed to present evidence to the court in an effort to convince the judge to deny your request. The attorney will also attempt to notify the victims of the crime, who are allowed to attend your hearings.

Wait For the Court’s Decision

At this point, the court will need to review your petition and criminal records to determine if you qualify for removal. The court will also need to take the prosecution’s argument–if one was presented–into consideration. If your petition is granted, the court will enter a judgment to remove your name and you will no longer be classified as a registered sex offender.

Are you a registered sex offender in Missouri? If so, contact The Missouri DWI & Criminal Law Center at the Benjamin Law Firm, LLC at once. Our experienced attorneys can help eligible offenders remove their names from the registry so they can finally get the fresh start they deserve. Call our office at 816-322-8008, email us at info@benjaminlawkc.com or fill out our confidential online form to schedule a consultation today.