Personal Injury Attorney Missouri
Personal Injury Attorney Missouri
Kimberly J. Benjamin, Founder & Managing Attorney
Published: December 6. 2019.
Updated: December 6. 2019.
Fault in Missouri
The general rule in personal injury law is the party who is responsible for causing the injuries is responsible for paying expenses related to them. Sometimes, the defendants in personal injury cases will use the state’s comparative fault laws to reduce the amount they are ordered to pay to the victims. What are the comparative fault laws? How can these laws affect your case? Here’s what you should know:
Comparative Fault Laws in Missouri
The state of Missouri has established a pure comparative fault system. This system is used to determine how fault should be divided between the parties and how much compensation should be awarded to the plaintiff.
For example, let’s say a woman is injured in a car accident and files a personal injury lawsuit against the other driver. It is determined that she has suffered $100,000 in damages as a result of her car accident injuries. If the jury believes that the other driver was 100% at fault for the accident, she will be awarded $100,000 in damages. But, a review of the evidence could convince the jury that she is actually 20% at fault for the accident. In this case, the total amount of compensation awarded to her will be reduced by 20%, so she will receive $80,000.
This is how a pure comparative fault system works. Basically, if there are multiple at-fault parties, each party must share the legal obligation of compensating the victim. If the plaintiff is one of the at-fault parties, she can still recover compensation for her injuries even though she was partly to blame. However, the award will be reduced to account for the role she played in the accident.
How Comparative Fault Laws Affect Personal Injury Cases
The defendant in your personal injury case could attempt to place some of the blame on you in order to reduce the amount of compensation he is ordered to pay. It’s important to work with an attorney who can disprove this argument so you can recover the full amount of compensation for your injuries.
Another way the defendant could reduce his liability is by placing the blame on third parties. For instance, the defendant could argue that a third driver was partially responsible for the accident. If the defendant shares liability with the driver, he will also share the responsibility of compensating the victim with the driver.
Have you been injured? If so, contact The Missouri DWI & Criminal Law Center as soon as possible. Let our experienced personal injury attorneys fight to ensure you are fully compensated for your injuries. Call our office at 816-281-0941 or fill out our confidential online form to schedule a consultation today.
Adjuster for Car Accident
Shortly after an accident, an insurance adjuster from the at-fault party’s insurance company will contact you. This insurance adjuster will be your main point of contact with the insurance company, so it’s important to understand their role in your car accident claim. Here’s an overview of what an insurance adjuster does:
Investigate the Claim
An insurance adjuster’s first task is investigating the claim. The goal of their investigation is to determine liability for the accident and verify the victim’s injuries. To meet this goal, the insurance adjuster may interview witnesses, obtain a copy of the police reports, analyze the victim’s medical records, work with expert witnesses, and examine evidence from the scene of the accident. The insurance adjuster will only move forward with the claim if it is clear that their policyholder is liable. Otherwise, the insurance company is not responsible for compensating the victim.
Calculate the Value of the Claim
Next, the insurance adjuster will begin the process of calculating the value of the claim. Insurance adjusters typically start by adding up all of the victim’s medical expenses and lost wages. The victim should be able to provide proof of these expenses and losses, which makes it easy for the adjuster to add them up.
Many victims ask for compensation for future expenses or lost wages as well. In these cases, insurance adjusters will need to work with medical professionals to verify that the injuries will continue to affect the victim’s life in the future.
The insurance adjuster will also need to calculate how much the victim should be awarded for their pain and suffering. There are no set rules that adjusters must follow when calculating a victim’s pain and suffering, but they usually use a formula that takes the severity of the victim’s injuries into account.
Negotiate With the Victim
The insurance adjuster will start negotiating with the victim after calculating the value of the claim. No matter how nice the adjuster seems, it is important to remember that they are looking out for their company’s best interests, not yours. It is every insurance adjuster’s goal to settle a claim for as little as possible in order to save their company money. To reach this goal, insurance adjusters often make low offers or put pressure on victims to accept unfair offers. They can also use sneaky tactics to delay settlement talks or lower the value of your claim. For these reasons, it is strongly recommended that car accident victims allow an experienced personal injury attorney to handle the negotiations.
Have you been injured? Don’t let the insurance adjuster convince you to settle for less than you deserve. Let the personal injury attorneys at The Missouri DWI & Criminal Law Center negotiate with the insurance company to secure a sizable settlement.
Cass County Accident
While it is not something we want to think about, odds are you will experience a vehicle accident at some point in your life. It is very important to be prepared before a car accident occurs. Always wear your seat belt, avoid distractions, don’t drink and drive, and don’t drive fast, especially in bad weather conditions. If you follow these rules, even if you do experience a car accident, your chances of escaping serious injury will be much higher.
You also need to carry your insurance card with you at all times. Keep a pen and notepad in the glove compartment so you can write down important information if an accident occurs. You will need to record the other driver’s name, address, phone number, license plate number, and insurance information after a vehicle accident. Keep your health insurance card in your car and medical information including information regarding current medications and allergy information in your vehicle.
It is also a good idea to keep jumper cables, first aid kit, flashlight, and other emergency tools in your vehicle at all times. Remember to record important numbers in your cell phone including medical providers, the car insurance company, and other emergency contacts.
If there is a possibility that you may have been at fault for the accident, for example if you were driving while intoxicated, it is imperative that you speak with an attorney as soon as possible.
If You Are Involved in a Car Accident Remain Calm and Get out of Harm’s Way
If you are involved in a car accident, the first thing you should do is remain calm. Keeping cool will help you take the necessary actions to protect yourself. Call for help, especially if you or someone else is injured, dial 911 immediately. Get yourself out of harm’s way and move your vehicle out of the roadway if possible. Many accident fatalities are caused when drivers leave their vehicles following minor accidents only to be struck by another vehicle.
Avoid commenting on the accident to others. Insurance companies will use your words against you. If you admit to any portion of fault it could be used against you, especially if you are not at fault.
Take photos of everything including the general area where the accident occurred, any nearby signage or road obstructions, car damage, traffic lights, weather conditions, and skid marks. Write down anything you observe including roadway conditions, weather, remarks made by other drivers, passengers, and witnesses, including witness contact information.
Seek Medical Help Immediately If You Are Injured in a Vehicle Accident
If you are injured, seek medical treatment immediately and save all documentation of the treatment. Some soft tissue injuries take days to feel symptoms so get checked out even with minor pain or problems, better to be safe. Following these rules will help prepare you and your family for any problems could happen on the roadway.
Missouri Personal Injury Statute of Limitations
The law limits the amount of time that a victim has to take legal action against the party that caused them harm. This is known as a statute of limitations, and it varies from state-to-state. Here’s what you need to know about the statute of limitations on personal injury cases in Missouri:
The Statute of Limitations in Missouri
In Missouri, the statute of limitations on personal injury cases, in general, is five years. This means victims have five years to file a personal injury lawsuit against the at-fault party. The five-year countdown usually begins on the date when the injuries were sustained. However, in some cases, the five-year time period does not begin until the date the victim discovered his injuries.
Exceptions to the Statute of Limitations in Missouri
There are several exceptions to the five-year statute of limitations. If the at-fault party is a government entity, the victim may not have five years to take legal action. Depending on the claim asserted and the size of the government entity, the law may require the victim to file a formal claim with the government entity within 90 days of the injury.
The standard statute of limitations does not apply to victims who are under the age of 21 or incapacitated, either. These victims have five years to file a personal injury lawsuit, however, the five-year clock does not start until the victim has either turned 18 or been declared legally competent.
There’s also an exception for medical malpractice cases. If you have been injured by a negligent healthcare provider, you must file a lawsuit within two years of the alleged malpractice. The two-year clock may begin either on the date the malpractice was committed or the date the victim discovered his injuries. For example, let’s say a patient is misdiagnosed on July 1st but is unaware of the misdiagnosis until September 1st. In this example, he will have two years from September 1st to file a lawsuit against the negligent healthcare provider.
If the medical malpractice victim is under the age of 18, he will have until his 20th birthday to file a lawsuit. This means someone who is 15 years old at the time the malpractice was committed would technically have five years to file a lawsuit.
It may seem as if victims have plenty of time to take legal action, but the time will run out faster than you may expect. For this reason, it is best to seek legal representation as soon as possible instead of waiting until the last minute to take action.
The experienced attorneys at The Missouri DWI & Criminal Law Center can explain what specific statute of limitations applies to your case.
Missouri Dog Bite Law
According to the Centers For Disease Control and Prevention (CDC), about 4.5 million dog bites occur every year. Some of these dog bites are minor, but about 334,000 of them are serious enough to require emergency medical treatment. Dog bites are painful-not to mention expensive to treat. For these reasons, it’s important for victims to understand who is legally liable for their injuries.
“Strict Liability” Dog Bite Law in Missouri
Each state has its own dog bite laws. Missouri is a strict liability state, which means the dog’s owner is typically liable in dog bite cases. This is true regardless of whether or not the dog had a history of aggressive behavior. Because of the strict liability law, dog owners are held liable even when they did not have any reason to believe their dog was aggressive enough to bite someone.
When Are Owners Not Liable For Dog Bites?
Of course, there are several exceptions to the strict liability law. If the victim was trespassing on private property when the dog bit him, the owner is not liable. The owner is only liable if the victim was on public property or lawfully on private property at the time of the incident.
Owners are also not liable for dog bite injuries if the victim provoked the dog prior to the attack. Taking a toy or treat out of a dog’s mouth, invading a dog’s personal space, or exhibiting aggressive behavior can provoke the dog to attack. If a victim engages in this behavior and is bitten as a result, the owner is not liable for the victim’s injuries.
What Dog Bite Victims Must Prove
In most personal injury cases, the plaintiff is responsible for proving that the defendant’s negligence caused him harm. But, the rules are slightly different in dog bite cases because of the strict liability law. Victims do not need to prove that the owner was negligent. There’s no need to show evidence that the owner knew the dog was dangerous or that the dog had a history of biting visitors. Instead, the victim simply needs to prove that they were not trespassing on private property or provoking the dog at the time of the attack.
If you have sustained dog bite injuries, contact the attorneys at The Missouri DWI & Criminal Law Center at once. Our award-winning personal injury attorneys go above and beyond to maximize compensation for each and every client.
How to Calculate Lost Wages
Injuries such as broken bones or soft tissue damage can impact your ability to work. The impact is even more significant when you’ve sustained a severe injury such as brain or spinal cord trauma. If these injuries occurred as a result of someone else’s negligence, it’s important to know your rights to compensation for lost wages.
What Are Lost Wages?
Lost wages is any form of income that you are unable to earn as a result of your injuries. For example, if you are forced to take unpaid time off to recover from an injury, the money that you would have earned during this period if you were able to work is considered lost wages.
How to Recover Compensation For Lost Wages
The at-fault party’s insurance company is typically responsible for compensating you for damages, including lost wages. But, the insurance company will not write you a check for your lost wages without seeing proof first.
First, the insurance company needs to see proof of your injuries. Provide the insurance company with a copy of your medical records so they can verify that your injuries exist. You will also need to obtain a letter from your doctor that states you are unable to work for a certain period of time because of your injuries. This should satisfy the insurance company’s demands for proof that your injuries actually did interfere with your ability to work.
Next, the insurance company will need to see how much you usually earn so they can calculate how much money you lost due to your injuries. Send the insurance company copies of pay stubs or tax documents so they can see your regular income.
Finally, the insurance company will ask you to prove that you took off of work during your recovery. The best way to prove this is to ask your employer to provide a written statement that confirms the dates of your absence. You should also ask your employer to include your regular pay and the average number of hours you work per pay period within this statement. Having your employer confirming these details makes it harder for the insurance company to question whether or not you are telling the truth.
At this point, the insurance company should have everything they need to calculate how much income you lost because of their policyholder’s negligence.
Have you been injured in an accident caused by another person’s negligence, for example if they were guilty of DWI Missouri? If so, the personal injury attorneys at The Missouri DWI & Criminal Law Center can help. Let our experienced attorneys work with the insurance company to reach a settlement that covers your medical expenses, lost wages, and pain and suffering.
How to Talk to Insurance Adjuster
Shortly after a car accident, an insurance adjuster from the at-fault party’s insurer will most likely contact you. The adjuster may engage in friendly small talk before asking about the car accident. The insurance adjuster may seem nice and this conversation may seem harmless, but it’s not. Insurance adjusters are trained to investigate injury claims to look for reasons to reduce or deny your claim. For this reason, car accident victims must carefully choose their words when talking to insurance adjusters. Follow these tips:
You may not agree with what the insurance adjuster is trying to do, but it’s best to be polite anyway. The insurance adjuster may think you are trying to hide something or con the company out of money if you are rude or aggressive over the phone. Remain polite so the insurance adjuster has no reason to question your credibility.
Do Not Give A Recorded Statement
The insurance adjuster may ask you to provide a recorded statement, which is a recorded interrogation session. If you agree, the adjuster could twist your words around or take them out of context in order to use them against you. It’s also common for adjusters to ask long or misleading questions that confuse the claimant. No good can come of giving a recorded statement, so it’s best to politely decline when asked.
Steer Clear of Certain Topics
The insurance adjuster will want to talk about two main topics: the accident and your injuries. But, these are the two topics that you need to avoid when talking to an adjuster. At this point in the process, you may not even be aware of the full extent of your injuries. Plus, the investigation into the accident may still be ongoing. It’s far too early to discuss these details, so let the adjuster know you will provide this information at an appropriate time in the future.
Refer the Adjuster to Your Attorney
Tell the insurance adjuster that your attorney should be the insurer’s main point of contact in your case. This is an easy way to let the insurance adjuster know that you are not going to fall for their tricks.
Write down everything that you can remember about your conversation as soon as you hang up the phone. Take note of the adjuster’s name, what information he asked for, and how you handled these requests. You will need to provide these notes to your personal injury attorney so he knows exactly what happened.
If you have been injured in a car accident, seek legal representation from the experienced attorneys at The Missouri DWI & Criminal Law Center at once. Partner Kimberly J. Benjamin and her team of experienced personal injury attorneys will handle the insurance claims process and ensure you are compensated for your injuries.
Missouri Dram Shop Law
Missouri’s dram shop statute, located at Mo. Rev. Stat. § 537.053, establishes a personal injury cause of action against establishments that sell alcohol by the drink for consumption on the premises in selected circumstances. These establishments typically include bars, restaurants that serve alcohol, nightclubs, VFW halls, pool halls, and similar places.
Under this statute, when there is clear and convincing evidence that employees of one of these establishments sold alcohol to a person who they knew or reasonably knew was under the age of 21, or who was visibly intoxicated, then that establishment may be liable for any injuries that the intoxicated person causes. For instance, if a bartender serves alcohol to a visibly intoxicated person, who then leaves the bar and in the course of driving home, causes an accident that injures another person, the bar may be liable in any resulting personal injury action brought by the injured person.
In order to qualify as visibly intoxicated, a person must be inebriated to the extent that an observer would see significantly uncoordinated physical action or physical dysfunction. The blood alcohol content (BAC) is not determinative of visible intoxication, but it is admissible as evidence of intoxication.
Furthermore, it is relevant that a person who is under the age of 21 showed identification that reasonably represented him or her as being age 21 or older in determining whether an individual knew that the person was under the age of 21 in serving him or her alcohol. In other words, if a minor has a reasonably genuine fake ID, then it may be reasonable for the bartender or server to assume that the ID is valid and serve the minor alcohol.
If you have questions about your criminal charges, you will greatly benefit from the legal advice that you only can get from an experienced criminal defense lawyer, such as those at The Missouri DWI & Criminal Law Center.
Driving in Winter Conditions
Missouri winters can be fierce, so it’s important to take the time to prepare for driving through icy and winter conditions. Driving on icy roads can be dangerous, but there are steps you can take to ensure you, and your vehicle, are ready for these adverse road conditions. Following simple winter weather driving tips will help ensure that you and your family will get to your destination and back home safely during the winter season.
The key is to be aware and adapt to these conditions.
Preparing for your Trip in Winter Conditions
Safe winter driving begins before you even leave your driveway. Clear all snow and ice from the entire vehicle – hood, roof, trunk, windows, lights, and signals. Make sure the exhaust pipe isn’t clogged with snow, ice or mud. Check your tires, wiper blades, fluids, lights, belts, and hoses. Cold temperatures can lower tire pressure to make sure the tires are properly inflated and the tread is in good condition.
Keep your gas tank at least half full to avoid a gas line freeze-up and in case you are stuck on the road as a result of an accident or detour. Pack blankets, gloves, hats, food, water and any needed medication in your vehicle especially if you are taking a long trip. Other helpful items to pack include a windshield scraper and brush, battery booster cables, and emergency flares or reflectors.
Avoid Driving if Possible in Harsh Conditions
Watch weather reports prior to a long-distance drive or before driving in isolated areas. Delay trips when especially bad weather is expected. If you must leave, let others know your route, destination and estimated time of arrival. If you really don’t have to go out, don’t. Even if you can drive well in the snow, not everyone else can. The best thing to do in extremely bad weather is to stay off the road. This leaves the emergency services free to deal with emergencies on the road.
Driving on Icy Roads
Use your seat belt every time you get into your vehicle. Reduce your speed and look and steer where you want to go. Don’t get in a hurry and allow extra time to reach your destination. Give the car ahead of you extra space. Braking on a slippery surface requires more distance, so increase your distance from the car ahead. Do not use cruise control when driving on a slippery surface such as rain or ice. Accelerate and decelerate slowly. Applying the gas slowly to accelerate is the best method for regaining traction and avoiding skids. And take time to slow down for a stoplight. Make smooth, careful movements by anticipating lane changes, turns and curves. If your vehicle starts to skid, steer into the direction of the slide. Make sure to drive slow and pay attention to the road, don’t allow your phone to distract you on icy roads.
Use extra caution on bridges, ramps, and overpasses. These areas are likely to freeze first and stay frozen during a winter storm. Don’t power up hills. Try to get a little head start on a flat surface before you reach the hill and let that power carry you to the top. As you reach the crest of the hill, reduce your speed and proceed downhill as slowly as possible. Use lower gears to keep traction, especially on hills.
If Stuck on the Road in Winter Conditions
If you become snow-bound while on the road, stay with your vehicle. It provides temporary shelter and makes it easier for rescuers to locate you. Don’t try to walk in a severe storm because it is easy to lose sight of your vehicle in blowing snow and become lost. Plus other drivers on the road will present a greater danger to you outside your car as a result of the icy conditions. Tie a brightly colored cloth to the antenna or place a cloth at the top of a rolled up window to signal distress. At night, keep the dome light on if possible, which will make it easier for rescuers to find you. Use whatever is available to insulate your body from the cold. This could include floor mats, newspapers or paper maps. If possible run the engine and heater just long enough to remove the chill and to conserve gasoline.
If you are injured in an accident on icy roads, contact the experienced attorneys at The Missouri DWI & Criminal Law Center. We will work with you and your family to recover the compensation you deserve.
Statute of Limitations Missouri Personal Injury
Most states have statutes of limitations, or time frames within which you must file certain types of lawsuits. Failure to file a lawsuit with the court within those timeframes will result in you losing an opportunity to pursue the lawsuit. As a result, statutes of limitation are an essential element to consider when you may have a personal injury claim against another party.
In the state of Missouri, the statute of limitations for a personal injury lawsuit is five years, which begins running from the date of the accident that caused the injuries. This means that if you don’t file your personal injury claim within five years of the date of the accident that led to your injuries, then you lose your chance to recover compensation for injuries or hold negligent parties accountable for their actions in causing the accident.
However, there are some exceptions to this general statute of limitations. One exception is referred to as the Discovery Rule. In some situations, you might be injured due to another’s negligence, but you might not become aware of the injury on the date on which it happened. If you later discover an injury that you couldn’t discover when it happened, then the five-year statute of limitations does not begin to run until you discover the injury or reasonably should have discovered the injury.
One other exception may occur if the party or parties whom you believe to be responsible for the accident leave the state. In some situations, the statute of limitations may be tolled, or temporarily stop, while the parties are absent from the state.
Personal injury claims that involve government agencies or employees follow different rules. For example, you must file a personal injury claim against a Missouri city or city employees within 90 days of the date of the injury. Claims against the state government are filed with a separate state agency, or the Office of Administration’s Risk Management Division. At The Missouri DWI & Criminal Law Center, we know how devastating the aftermath of an accident in which you or a loved one has suffered injuries can be. We are here to look at the facts of your case, apply the law, and build the strongest claim possible on your behalf.
Underinsured Motorist Coverage Missouri
When you are involved in an accident caused by another driver and suffer injuries, the normal procedure is to look to that driver’s insurance policy to compensate you for your losses. However, in some cases, that driver has no insurance coverage as required by law, or the amount available under his or her insurance policy is insufficient to cover all of your expenses. In other cases, you may be a victim of a hit-and-run accident caused by an unknown driver. In this case, you cannot rely on the other driver’s insurance policy to cover your losses. These are the main reasons that Missouri law requires all drivers to carry a minimum level of uninsured motorist coverage, which is $25,000 per person and $50,000 per accident.
When a catastrophic accident in which you suffer severe and debilitating injuries occurs, you may be off work indefinitely and perhaps permanently. You may require long periods of rehabilitation, surgeries, and ongoing medical care that can easily cause you to incur hundreds of thousands of dollars in medical bills. In this situation, your own uninsured motorist coverage may help, but it certainly won’t help you with all of the medical bills, lost income, and other expenses that you have suffered as a result of the accident. This is why it is so important for you to purchase far more than the minimum uninsured motorist coverage required by law. While it is understandable that you want to pay lower premiums, you put yourself at great risk for financial disaster from a single accident.
Furthermore, Missouri law does not require that you carry any underinsured motorist insurance as part of your responsibilities as the operator of a motor vehicle. However, when another driver causes an accident that leads to your injuries, but he or she carries only a minimal level of liability insurance, then your out-of-pocket costs arising from your accident are likely to quickly exhaust any compensation available under the responsible party’s insurance policy. If you have a sufficient amount of uninsured motorist insurance in place, however, you can look to your own insurance policy for an additional source of coverage.
As you can see, uninsured and underinsured motorist’s insurance is essential to protect yourself from potentially thousands of dollars in medical bills and property damage in the event of a hit-and-run accident or a collision with an uninsured or underinsured motorist. At The Missouri DWI & Criminal Law Center, we pride ourselves on helping our clients through their legal difficulties related to traffic tickets and points, DWI defense, and expungements of criminal records.
Uninsured Motorist Coverage Missouri
The state of Missouri requires all drivers to obtain auto insurance. But, many drivers in this state choose not to comply with this legal requirement. This means you could be involved in a car accident with an uninsured driver at some point in your life. Here’s what to do if it happens to you:
It’s best to gather evidence before leaving the scene of the accident. Take pictures of the damage, the positioning of the vehicles, traffic signs or lights, and anything else that seems relevant. Exchange contact information with the other driver, and if there were witnesses, ask for their information as well.
Seek Medical Attention
Visit a hospital or doctor’s office shortly after leaving the scene of the accident-even if your injuries do not seem serious. Some symptoms can take hours or days to appear, so your injuries will have worsened by the time you notice them. Don’t take this chance-seek medical attention right away to protect yourself.
File An Accident Report
Drivers are required to report crashes with the Driver License Bureau if an uninsured motorist was involved and the accident either injured or killed someone or caused more than $500 in damages. Fill out the appropriate forms as soon as possible after the injury so you do not forget to fulfill this legal obligation.
File A Car Accident Claim
Car accident victims usually file claims with the at-fault party’s insurance company in order to recover compensation for their injuries and property damage. But, what if the other driver did not have insurance?
In Missouri, drivers are required to have uninsured motorist coverage, which applies in claims involving an uninsured driver. This coverage protects you in the event you or your passengers are injured as a result of an uninsured driver’s negligence. After a car accident with an uninsured driver, you will need to take advantage of this coverage and file a claim with your insurance company.
It’s your insurance company that is handling the claim, but that does not mean they are looking out for your best interests. The insurer will look for every opportunity to reduce or deny your claim so they don’t have to write you a check for your injuries. Don’t let this happen-let a personal injury attorney handle the claims process on your behalf.
Have you been injured by an uninsured driver? If so, The Missouri DWI & Criminal Law Center can help. Let our personal injury attorneys aggressively negotiate with your insurance company to secure the compensation you deserve.
Missouri Personal Injury
People who are injured in car crashes, slip and falls, and other accidents caused by another person’s negligence are entitled to compensation for their injuries. There are several types of compensation, also known as damages, that victims can recover in a personal injury case. Here’s a look at the different types of personal injury damages:
Economic damages are awarded to victims to cover injury-related expenses, such as medical bills, or actual losses, such as lost wages. Victims should receive compensation for both their current and future expenses and losses. For example, if a victim can prove that he will need additional treatment in the future, he should be awarded economic damages to cover these expected expenses. Likewise, if a victim proves that he will need to take more time off of work in the future as a result of his injuries, he should be awarded compensation for his future lost wages.
The second type of compensation is known as non-economic damages. These damages are often referred to as pain and suffering damages because they are awarded to victims who have experienced mental or physical pain and suffering as a result of their injuries. For instance, if a victim is experiencing depression due to her injuries, she is entitled to compensation for this emotional distress.
It’s fairly easy to calculate the value of medical expenses and lost wages, but it’s much harder to quantify pain and suffering. For this reason, it’s important to let an experienced personal injury attorney calculate the value of your claim.
Some personal injury victims will also receive punitive damages. These damages are only awarded in cases where the defendant acted with indifference or a complete disregard to the safety of others. They are not awarded to compensate the victims for specific expenses or losses, but rather to punish the defendant for his grossly negligent behavior and deter others from engaging in similar behaviors.
Unfortunately, the victim will not get to keep all of the punitive damages that are awarded to him. In Missouri, half of the punitive damages awarded to the victim must be paid to the state.
Have you been injured? If so, contact the attorneys The Missouri DWI & Criminal Law Center right away. Compensation is never guaranteed in personal injury cases-especially if you are not represented by an experienced attorney. Our team will ensure you are fully compensated for your injuries.
If you have been drinking, use our "Blood Alcohol Content (BAC) Calculator"to estimate your Blood Alcohol Content (BAC) before you drive, but please keep in mind that the information it provides is just an estimate and may not be inaccurate.