Hosmer King & Royce LLC

Can I Sue For Being Hit By A Semi-Truck?

Mon, 10 Jun 2024 17:12:56 GMT

What are My Rights in Semi Truck Accident Cases?

Yes, you can sue after being hit by a semi truck. It is crucial to discuss your case with an experienced personal injury attorney if you have been involved in a semi truck accident. An experienced attorney can help investigate and evaluate potential types of damages that may be available to you, and can create a path for securing appropriate compensation. Common types of damages in semi truck accident cases include:

Medical expenses
Pain and suffering
Wrongful death
Lost wages
Property damage

At Hosmer King & Royce, our personal injury attorneys have decades of experience in helping families involved in semi truck accidents and holding drivers and trucking companies accountable. If you have been involved in a semi truck accident, it won’t cost you anything to see if we can help.

What are the Types of Liability for Drivers In Semi Truck Accidents?

Types of liability for semi truck drivers involved in accidents include speeding, fatigue, distracted driving, improper shouldering, improper loading, and poor vehicle maintenance. Determining the extent of liability in semi truck accidents can be complex. Discussing your claim with an experienced personal injury attorney is an important step to understand the types of negligent acts involved and the extent of damages that may be available to you. In some cases, damages may be recoverable from several parties. Truck drivers can be found negligent in a variety of ways, including:

Speeding - Due to the size of semi trucks and their inability to brake at short distances, speeding poses a serious danger to other drivers. Especially in icy or dark conditions, speeding is a leading cause of semi truck accidents. An experienced personal injury attorney can investigate claims to determine liability for speed-related accidents.

Fatigue - Strict regulations control the driving practices of semi truck drivers. An experienced attorney who is well-versed in these regulations can use them to materially demonstrate negligence.

Distracted driving - Because of the sheer size of semi trucks, overcorrection for small lane departures can lead to serious accidents and put other drivers in danger. Becuase of their size, some drivers may not realize they have been involved in a collision and may keep driving.

Improper shouldering - Trucks stopping on the shoulder of highways can lead to serious accidents, especially in dangerous driving conditions such as nighttime driving, or in the ice or snow. Improper shouldering is a common cause of trucking accidents.

Improper loading - Failure to properly secure loads is another leading cause of accidents. An experienced attorney is well-versed in laws and regulations for semi trucks and can help to identify the liability of drivers or other potential parties.

Poor vehicle maintenance - Accidents caused by poor vehicle maintenance can be serious and often involve several parties, even if not apparent. An experienced attorney can help to identify other parties and investigate the events leading up to the accident.

Are Trucking Companies Liable in Semi Truck Accidents?

Like negligent drivers, trucking companies can also be found liable in semi truck accidents. There are several bases for liability, including the following:

Failure to properly inspect equipment - Poor vehicle maintenance can lead to serious accidents, even when there is no vehicle-on-vehicle collision. Faulty equipment or parts that come loose from semi trucks, can cause serious property damage and injuries.

Failure to follow safety regulations - Truck drivers and the companies they drive for are subject to strict safety regulations. Drivers often cite pressure from their companies to drive longer hours as reasons for accidents. An experienced attorney is well-versed in these regulations and can use them to show fault on the part of both the driver and the trucking company.

Hiring unqualified drivers - Truck companies are also subject to strict regulations when it comes to hiring drivers. Any failure to adhere to these strict regulations can be shown to be negligence. Some companies look to save money by hiring drivers without a Commercial Driver’s License, or CDL. An accident involving a truck driver without a CDL can lead to additional damages.

What are the Legal Considerations for Semi Truck Accidents?

Evaluating semi truck accident cases is a complex process and made much easier by discussing with an experienced personal injury attorney. Understanding policy limits for trucking companies, the pros and cons of settlement vs trial, and applicable state laws, can help guide your path to securing compensation.

Trucking companies typically have limits upwards of $1,000,000.00. Commercial trucking insurance often involves large payouts and because of this, trucking companies have attorneys who fight to defend against your claim. At Hosmer King & Royce, we have the experience and the success to help you secure the compensation you deserve.

Depending on the circumstances of your case, the benefits and drawbacks between settlement and trial can differ greatly. Discussing your options with an experienced personal injury attorney is an important step in preparing your case.

In Missouri, the statute of limitations for truck accidents is 5 years. It is important to set up a consultation with an attorney following a truck accident to determine your path moving forward. At Hosmer King & Royce, we will work with you to thoroughly explain your options and explain the complexities of the legal process. To set up a free consultation, please contact us today.

Common Examples of Worker’s Compensation Claims

Mon, 06 Mar 2023 20:32:35 GMT

No industry is safe from potential on-the-job injuries. In fact, in 2021, there were 4.2 million medically consulted injuries – a number that does not include the 4,472 preventable injury-related deaths. Workplace injuries are harmful to employees and employers alike. When they occur, worker’s compensation claims & insurance can kick in to help offset medical expenses and loss of income during their recovery period.

Workers’ comp can cover a wide range of injuries and illnesses, and some claims are more common than others. Below are some of the injuries most likely to occur at the workplace.

Overexertion

Overexertion occurs when too much pressure is placed on the body. It can manifest in sprains or strains, or worse injuries. While physical overexertion is more common in jobs where heavy lifting or physical labor is a daily requirement, it can occur in any industry.

Awareness of safety protocols and proper safety gear can help mitigate overexertion. Employees should also feel empowered to listen to their bodies and decline certain tasks they feel might demand too much of them physically.

While manual labor is a component of many jobs, it’s important for employees to know when they might need additional support in completing a task.

Slips and Falls in Worker’s Compensation Claims

Employers understand that when employees injure themselves, the company risks losing money. For that reason, most employers are quick to enforce the safety standards in place, either by law or by industry best practices, to keep employees from injuring themselves on the job.

As such, workers may be required to wear gloves, protective eyewear, steel-toed boots, or other safety gear when performing certain tasks. However, accidents can still happen even when precautions have been taken.

There are numerous opportunities to fall in the workplace. Obviously, construction is again at the forefront due to the nature of the work itself, but falls can happen anywhere. Off a ladder or roof, down a flight of stairs, or even flat slippery surfaces made so by spilled liquid or recent cleaning.

Employees need to be advised that there is a statute of limitations in reporting slips and falls. Any incidents need to be relayed to an employer immediately. Once the window passes, a worker’s compensation claim will be rejected.

Struck by a Falling Object

This is another injury that occurs most frequently in physically demanding jobs, such as construction. A piece of material that has not yet been secured into place can be knocked loose and cause damage upon striking someone. Depending on the object that fell, the injuries can be serious.

While these injuries are more common in industries like construction, they can occur pretty much anywhere. For instance, a retail employee can be struck by a falling object while visiting a stock room.

Machinery Accidents

The vast majority of jobs do not involve operating heavy machinery, but machinery accidents are among the most common types of workplace injuries. People who work in the construction industry or have factory jobs are the most susceptible.

The use of heavy machinery in the workplace comes with rigorous safety training to mitigate odds of injury. That said, even with protocols in place, accidents can still occur.

Workplace Violence

There are a number of jobs in which bodily harm might not be an accident. Law enforcement, security guards, and even healthcare workers can easily find themselves victims of intentional and unintentional violence alike.

That is, of course, not counting instances of violence caused by disgruntled employees. While it is relatively rare, it does happen.

If you have questions about worker’s compensation or believe you may have a case, contact the professionals at HK&R .

The Statistics and Causes of Divorce

Thu, 02 Feb 2023 15:32:09 GMT

It’s easy to be cynical about marriage. We’re inundated with divorce every day through the people we work with, the relationships we cultivate, and the celebrity gossip we try to ignore but can’t escape.

Divorce is prevalent, even when discussing impending nuptials. As a good part of the preparations involve considering what will happen if the marriage fails. And inevitably, when marriage is brought up, someone will mention the age-old statistic that half of marriages end in divorce.

But just how reliable is that statistic?

Till Death Do Us Part?

In the United States, the average marriage lasts just eight years . We can break down even further, with some states having a divorce rate of 50-65%, others falling somewhere between 15% and 39%.

That said, the divorce rate has been steadily falling over the last few years. In 2019, it hit a 50 year low, and despite the pandemic. Lockdown-related stress ended up not having the impact on the modern marriage that was predicted. In fact, it fell by 12% in America.

Still, the old stat that half of all marriages end in divorce proves to be more or less accurate. While the divorce rate has declined in the last few years, the marriage rate has as well. Couples are choosing to cohabitate rather than exchange vows.

And if couples do decide to get married, they’re doing so later in life than generations past. As of 2021, the median age for a first wedding among women in the US was 28.6 years; for a man, 30.6 years.

Causes of Divorce

Marriage is something that most couples go into with optimism that they won’t be a statistic. They’re not thinking about the odds or the fact that the average marriage lasts only eight years.

So with all this optimism and hope for a long life lived together, what makes a couple go from “I do” to “I don’t?”

According to Divorce.com , the most common causes of divorce are:

Constant conflict
Lack of commitment
Infidelity
Lack of intimacy (physical or emotional)
Communication problems
Domestic violence
Opposing values
Addiction
Absence of romantic intimacy/love
Lack of equality between household chores/responsibilities
Financial problems/debt
Marrying too young
Lack of shared interests/incompatibility

Who Files for Divorce?

Divorce, even uncontested divorce, can be expensive. And more often than not, women end up taking the brunt of the financial hit. Even so, in heterosexual marriages, it is much more likely in the United States for a woman to file for divorce than a man.

A lot of this is a reflection of shifting social expectations. Romantic relationships in the 21st century are less likely to carry the power imbalance prevalent throughout most of history. Women today can earn more and are “less willing to sacrifice their own happiness and well-being just to make their romantic partner happy,” according to Psychology Today .

Remarriages and Divorce

We all love a good comeback story. Sadly, being divorced once increases your odds of divorce should you get married again. In fact, 67% of second marriages will end in divorce . Couples who enter second marriages often do so with more emotional baggage than they did their first marriage, adding onto the obstacles all couples face.

If the odds are stacked against you creating a lasting marriage after one divorce, it’s even more bleak after two, with a whopping 74% of third marriages also failing .

So what’s the takeaway here?

Marriage is complicated, easy to get wrong, and can be difficult to make work. However, it is important to consider the other sides of those statistics. For every first marriage that fails, there’s another one that doesn’t. For every couple that calls it quits within the first decade, others go on to have their Golden Anniversary.

Just like marriage itself, divorce can be an emotionally challenging, stressful endeavor, and not one anyone should face alone. No matter how simple or how complex, if you and your spouse are in complete agreement or if you have decisions to make, the attorneys at HK&R Law Office can help you navigate the ins and outs of divorce. Give our offices a call and schedule a consultation.

What is a Wrongful Death Case?

Wed, 04 Jan 2023 21:14:04 GMT

It’s never easy to lose a loved one, but when that loved one dies due to the actions of another individual, the bereaved have options. Let’s define wrongful death and provide an overview of what is considered wrongful death, who can file a wrongful death lawsuit, and how wrongful death differs from criminal cases.

What is Wrongful Death?

A wrongful death suit is the result of a death that occurs for which someone else is legally culpable due to their conduct. The term “wrongful death” can apply to a number of scenarios, including car accidents, medical malpractice, or product malfunction.

That said, wrongful death does not only refer to fatal accidents or mistakes. If someone makes a deliberate decision or acts with intent to cause the death of another person, that is also wrongful death, and can be paired with criminal charges separate from a wrongful death suit.

Wrongful Death vs. Homicide

Wrongful death falls under the umbrella of personal injury lawsuits . Specifically, the claimant in this case is seeking financial compensation for the death of a loved one from the party responsible. As such, it is a civil suit rather than a criminal trial.

A homicide case has different stakes. These charges most often include a criminal trial during which the accused/defendant will be found guilty or not guilty by a jury of their peers. A guilty verdict likely comes with prison time, if not a more severe punishment, along with fines and other penalties.

Criminal trials rely on a higher burden of proof than civil lawsuits. In a criminal trial, the defendant must be found guilty “beyond a reasonable doubt.” The plaintiff in a civil lawsuit case must establish the defendant’s liability “by a preponderance of evidence.” In other words, demonstrate that the defendant is more than likely responsible.

It is possible to be charged with both criminal homicide and sued for wrongful death at the same time. Likewise, it is possible for outcome of these two court cases to be different. OJ Simpson was famously acquitted of the homicide of Nicole Brown Simpson and Ronald Goldman in 1995. However, the families were awarded $33.5 million in damages after filing and winning a wrongful death suit.

Who Can File a Wrongful Death Suit?

This can vary from state to state, but typically, a wrongful death suit can be filed by certain surviving family members or a representative of the deceased’s estate on behalf of the family.

In the state of Missouri, wrongful death can be filed by the following:

Immediate family members—Parents of unmarried children (biological or adopted), children (biological or adopted) of deceased parents, spouses, or life partners.
Siblings—If the deceased has no parents, children, spouse, or life partner, a sibling can bring a claim if they can prove that they incurred a loss as a result of the death.
Personal representative—In cases in which there are no other qualifying family members, a personal representative of the estate can file a wrongful death suit with the damages going to the estate itself. The representative might have been selected by the deceased in their estate planning documents; they could also be appointed by the court.

Wrongful death suits can be brought against individuals, companies, employees, and government agencies. If you have suffered a loss that was the result of negligence on part of another individual, reach out to the wrongful death lawyers at Hosmer, King & Royce . We are here to help you review your options and decide the best way forward.

The Eerie History of Our Marshfield Office

Fri, 16 Dec 2022 20:26:58 GMT

The Marshfield Rock Castle is a beautiful piece of property in Marshfield, Missouri. Its unique stone façade and two-story circular tower have made it a town staple. Additionally, it’s one of three properties in Webster County on the National Historic Registry, and for good reason.

Rainy Funeral Home

This piece of property was constructed in 1938 for husband and wife, Rex and Carmen Rainey. The gothic characteristics of the building represented the business that they were running—the city’s only mortuary and funeral service business.

Although the building no longer serves this purpose, today you can still see the wooden carrier that transported the caskets from the basement to the top floor.

An Attempted Murder

On the night of October 19 ^th ,1949 a woman entered the Rainey Funeral Home with a flashlight in one hand and a toy pistol in the other.

She crept to the basement where Mrs. Carmen Rainey laid sleeping and approached the bed. As the woman was reaching for the revolver, Carmen startled awake. Before she knew it, Carmen Rainey was physically fighting with the woman who then beat her with the flashlight and toy pistol. Seriously injured, Mrs. Rainey managed to bite the woman’s fingers and escape.

The woman was later found guilty of assault to kill Carmen Rainey, but the plot thickened when the woman’s motive was revealed. Mr. and Mrs. Rainey resided at the funeral home while managing their business, and along the way, Mr. Rainey had developed a relationship with this woman. It lasted for four years up to this incident and where Mrs. Rainey found out about the affair.

The woman revealed to authorities that Rex Rainey supposedly told her to go into the Rainey Funeral Home during his absence, given her the location of his revolver, and specified where to find his wife.

Sometime after this incident, the Raineys decided to divorce and as a result, had to sell their successful business. Over the next fifty years, the building owners changed several times, but it remained a funeral home.

That was until 2012, when it was purchased and repurposed as an Italian restaurant. The restaurant, Casa Bella, only remained in business for a few months and was then vacated.

A Connection to Massey Park

Massey Park has been an area for the residents of Marshfield to enjoy with family and friends for many years, but at one time, it was just a piece of land owned by Del Massey .

By the time of his death in 1959, Del Massey was Marshfield’s only African American resident. Notably referred to as “a friend to the children,” as local history attests that kids would run up to say hi whenever they spotted Mr. Massey walking down the street.

The love that people had for him was on full display at his funeral, which was attended by more than 600 people at the Rainey Funeral Home Building. A crowd so large, that attendees had no choice but to stand outside and listen through speakers that were specially brought in.

Although it wasn’t known until after his death in 1959, Mr. Massey left all his property to the town`s children. The city eventually decided to turn it into Massey Park fifteen years after he died.

National Register Worthy

The Rainey Funeral Home was placed on the National Register of Historic Places in 2014. This recognition proved that this building not only holds significance but also has an artistic value that makes it worthy of preservation.

The Marshfield Rock Castle, once known as the Rainey Funeral Home among many other names, is now the site of Hosmer, King and Royce. We are honored to be able to do our work in a place that is very significant to the residents of Marshfield. Explore our practice areas or call our Marshfield law office at 417-859-2245 for a consultation.

What You Need to Know About Expungement Law

Tue, 01 Nov 2022 21:51:05 GMT

Criminal records are a hard thing to live with and can impact many factors of day-to-day life, most notably in the ability to get a job. Even relatively minor offenses have the potential to follow a person for years. However, depending on the type of offense, people may qualify for expungement under Missouri state law.

To have a crime expunged is to have the court record sealed so that it is not publicly accessible. In fact, one would need a court order to access the record. People with these records do not need to disclose their crimes, unless a qualifying exception, as outlined in §610.140 RSMo , is in effect.

Having a record expunged can be an enormous source of comfort and relief to the person impacted, as well as their family. However, it is not an overnight process, and there are things to keep in mind.

What Can Be Expunged?

Senate Bill 588 passed the Missouri Legislature in 2016, going into effect in January of 2018. Prior to this bill’s passing, only a few crimes qualified for expungement under Missouri state law. Today, with the most recent update at the time of this writing having occurred in August of 2021, more than 1,900 crimes may be considered for expungement.

These are among the crimes that don’t qualify for expungement:

· Any class A felony offense

· Any dangerous felony

· Any offense that requires registration as a sex offender

This list is not comprehensive, though a comprehensive list can be found at §610.140.2 RSMo .

How to Get a Record Expunged

In order to have an offense expunged, a few qualifications must first be met. Any fines that were issued as a result of the offense should be paid in full and parole or probation must be completed.

To have a felony expunged, there’s a three-year period under which no additional infractions may be committed; the waiting period for a misdemeanor is one year.

After the waiting period has lapsed, the individual in question must petition the court in the county in which the charge or conviction occurred. There’s a $250 charge involved, and defendants must be named—these being people or entities that may have records of what occurred.

The defendants named have 30 days to file an objection after they have been served. If there is an objection, you can expect a court hearing within 60 days. If 30 days pass and no objection is filed, that court hearing will occur within 30 days.

It is still up to the discretion of the court to grant or deny an expungement. If a record is expunged, the petitioner has the right to maintain that they were not convicted of that crime, excepting certain circumstances .

There are also circumstances under which more than one record may be expunged, providing the total isn’t more than two misdemeanors, one felony offense, or ordinance violations that might have landed the petitioner in prison.

If an Expungement Petition is Denied

In the event a petition for expungement is denied, the petitioner is not without options. They may file an appeal or refile expungement after a year has passed.

In any case, pursuing legal expungement isn’t something anyone should try to do on their own. Odds of successful expungement increase exponentially when the petitioner has a legal team at their back.

Curious if this is an option for you? Reach out to the legal experts at HKR . We will help you navigate the expungement process to ensure you have the best possible chance of experiencing the relief of having those records sealed.

The Importance of Having a Power of Attorney

Mon, 03 Oct 2022 20:15:00 GMT

Estate planning is not just about making arrangements after you’ve passed. It’s also ensuring that if you were to become incapacitated or unable to make decisions, you have someone ready to step in and act as your power of attorney.

Before naming someone as your power of attorney, it’s a good idea to know what that means and why it’s an important step in your estate plan.

What Is the General Power of Attorney?

A Power of Attorney (POA) is a legal document in which a person appoints someone else to act in their place in the event they’re unable to make decisions for themselves. A general POA allows a person to handle your assets and manage your care. As such, you want to make sure it’s someone you fully trust.

Prevents Questions About Intent

It’s all too common for the family members of an incapacitated loved one to end up in court over disputes. These situations can be very high stress and volatile, and many could have been easily avoided.

A detailed, well thought power of attorney document that has been advised by an attorney will eliminate the need for family members to fight it out in court.

Avoids the Necessity of a Guardian

Someone who does not have a power of attorney at the time they become incapacitated has no option but to be given a guardian appointed by the court. The case will be consistently monitored, making it an expensive process, and one in which the incapacitated person has zero input on who serves as guardian.

Gives An Opportunity to Express Wishes

There are many roles of a general power of attorney but the main ones are to help in making medical decisions and when dealing with financial and legal matters.

A lot of thought and consideration goes into creating a Power of Attorney, especially in choosing who will be the agent (or the person who has the power). Therefore, when the document is about to be signed its a good opportunity for both parties to discuss wishes and even determine if that person wants to hold that responsibility.

Assigning a POA can be very complex. These are decisions that will determine how your life will play out when you’re at your most vulnerable. No matter the circumstances of your case, our attorneys will be able to walk you through the entire process and make sure you’re taken care of legally.

To further understand the importance of having a power of attorney and the process involved, contact Hosmer, King and Royce to schedule a consultation .

What is Included in Worker’s Comp Coverage?

Thu, 01 Sep 2022 19:11:16 GMT

Getting injured is always unfortunate, especially when it happens at work. Depending on the severity of your injury, you may not be able to resume normal work activities. This impacts your ability to provide for yourself and your family. While many employers will work with you to ensure you receive the worker’s comp coverage you deserve, there are those who are hesitant. That is where HK&R come in.

Worker’s Comp coverage will assist all workers who suffer an injury or illness on the job, covering a few areas you should know about if you think you qualify .

Reimbursement for Medical Costs

If you have been approved, you should not be paying any bill that related to your claim. This includes medical treatment such as doctors’ visits, prescription medication, medical devices and physical therapy.

Lost Wages

Worker’s compensation will also help replace the wages you’ve lost as a result of not being able to return to work following your work-related injury. That said, these benefits will only cover two-thirds of your weekly wage up to a certain amount.

The severity of your disability will inform the amount of compensation you receive. For an example, if you’re permanently disabled you may be entitled to payments for life.

Permanent Disability

Once a doctor has determined that you have received sufficient medical treatment and there isn’t room for improvement, they’ll assess whether you are permanently disabled as a result of your work-related injury. If this is their conclusion, you will continue to receive benefits as long as your disability continues, which could be lifelong.

Dealing with the emotional and physical toll of your injury are enough without factoring in the financial burden. The attorneys at Hosmer, King & Royce want to make the process of receiving your worker’s comp benefits as smooth as possible.

We ask that you collect as much documentation as possible to support your claim so we can begin the process of getting you what you deserve. For more information about your worker’s compensation benefits, call 417-869-9999 to schedule a consultation.

Tips for an Effective Parenting Plan

Tue, 02 Aug 2022 14:00:43 GMT

There are many things to consider when separating from your spouse, and if you have children, one of those things is custody arrangements. It’s unfortunate that your children will have to go through this transition, but there are ways to make the process smoother and easier on everyone involved. If you intend to co-parent with your spouse, you might consider creating a parenting plan.

This is an agreement that stipulates how you and the other parent will continue caring and providing for your child after you separate. Here are some important tips for creating an effective parenting plan.

Prepare to Compromise in Your Parenting Plan

When negotiating your parenting plan, it’s easy to get caught up in the emotions tied to the separation itself forget that this process is for the best interest of your children .

You may have to agree to some things that weren’t in the plan that you had pictured, but so will the other parent. Keep in mind that as long as your children’s emotional health and well-being take priority, your parenting plan should work out for everyone involved.

Plan for Different Scenarios

We know that life is unpredictable—things come up that change the normal routine and we have to adjust. Kids also change, and that’s why it’s important not to be too rigid when creating your parenting plan.

Whether it’s something truly unexpected, like an illness that prevents a parent from doing something as routine as picking up a child from school, or something more fixed, such as vacations and holidays, be thorough and detailed when writing out possible scenarios so when any number of eventualities arise, you know how to proceed.

Hire a Family Lawyer to Assist

When writing something as tedious as a parenting plan, it’s important to touch all the topics that are relevant in your situation. A family law attorney will ensure these points are made in this agreement. Separation, divorce, custody arrangements, and all aspects relevant to the dissolution of a marriage or partnership are issues we deal with every day.

We can help spot anything that might have been overlooked to ensure that your agreement does what it’s supposed to do—provide you and your spouse with the blueprint you need to co-parent after divorce. We can also assist with other legal matters, such as spousal support or alimony.

Our family law attorneys at Hosmer, King and Royce don’t just have knowledge of the law but real-world experience that lends itself to creating a thorough, and effective parenting plan. We understand that this is a very emotionally charged situation and will work hard to come to a resolution that everyone is happy with, and one that puts your child first.

Contact HKR to speak with one of our family law attorneys and we’ll guide you through each step of the way, whether it’s a meeting in one of our offices or in the court room.

Reasons Your Social Security Disability Claim May Be Denied

Mon, 20 Jun 2022 21:05:32 GMT

Once you have properly applied for social security disability benefits, you will either be approved or denied. In fact, over half of United States applicants get denied, and for reasons that may or may not be out of your control. Before you apply for social security disability, you should know the grounds for denial.

Is your annual income too high to claim social security?

If you’re receiving monthly disability payments from the Federal Government, it is because you have proven you need the money in order to live day to day. Therefore, your financial resources need to be low.

Examine all of your assets , including: stocks, cash, life insurance policy value, real estate and motor vehicles. You may not realize how valuable your assets are.

Failure to Show Medical Proof

You will need to provide medical proof that you are unable to work to receive benefits. If you fail to present anything that qualifies as evidence, you may be denied.

Evidence includes letters or notes from doctors verifying your disability, a record of your treatment attempts, and despite all avenues of treatment, a continued inability to work owing to your injury or other health condition.

You Haven’t Followed Prescribed Therapy

If you refuse to follow medical advice, you have a strong chance of having your social security disability claim denied. A physician will have a difficult time determining if your disability prevents you from working if you don’t follow the medical treatments provided to you.

It’s up to you to prove that you’re doing everything you can to get well enough to return to work.

Refiling After Being Denied Social Security Disability

After getting denied, a lot of people will make the mistake of filing a new social security disability claim. These claims will immediately be denied for the same reason as before. If you were one of many who has been denied, you have the option of appealing this decision.

Social security disability benefits give individuals who are unable to work the financial means to provide for themselves. This could be any medically proven mental or physical impairment.

Our SSDI attorneys at Hosmer, King & Royce will examine the weaknesses of a claim, guide you on the evidence, and review the claim prior to submission. Contact our office to get started.

What to Know When Filing a Personal Injury Claim | Hosmer, King & Royce LLC

Thu, 02 Jun 2022 14:45:00 GMT

After a slip and fall, or being rear- ended on a busy road, the most important thing to do is that you take care of your overall health. However, when you start to improve, it might be time to file a personal injury claim.

Injury can put you through a large amount of emotional distress and physical pain. However, getting a settlement from the responsible party can make moving on a little smoother. Here are some things to know if you’re thinking about filing a claim .

Gather Evidence

Any information you gather initially after your accident will be beneficial when filing for your personal injury. This could be pictures of the accident, injuries, or proof of financial loss. It could also include names, contact information, and conversations with witnesses that could help you prove your case.

Know your Time Frame

Every personal injury case is different, meaning you have to be familiar with the statute of limitations. This is crucial, because if you wait too long, you may not be able to file a personal injury claim.

Ask yourself, did you sustain injuries that were causes by negligence? Has this accident caused financial strain? If you answered yes, you will need to act fast.

Choose an Attorney

If you’re being slammed with medical bills when you’ve had to take time away from work as a result of someone else’s negligence, it’s time to choose an attorney. Hosmer, King & Royce will examine the evidence, file the paperwork, and work toward getting you the settlement for your injuries.

Whether you’ve sustained injury from a defective product or your loved one was involved in wrongful death, our attorneys at Hosmer, King & Royce will represent your personal injury case. If you’re thinking about filing for a personal injury claim, contact our office at 417-869-9999 to schedule a consultation.

Factual Defense vs Legal Defense

Thu, 05 May 2022 14:13:50 GMT

When it comes to a criminal case, you want your defense team to be as knowledgeable as possible. No detail should be overlooked—in fact, information you omit, forget, or decline to share might be the key ingredient to building a truly robust case.

The more information you share with your legal team, the better for them (and you) to develop a strong defense case.

There are two defenses when it comes to criminal charges: factual defense and legal defense.

Factual Defense

A factual defense comes into play when the prosecution hasn’t provided enough evidence to meet the burden of proof, or when the defendant has an alibi. An alibi establishes that you were elsewhere at the time of the crime, and therefore logically can’t be culpable.

A solid alibi may be in the form of store receipts, security or video footage, or the presence of at least one witness. With the advancements we have in technology, something as simple as a post to social media could be the factor that makes or breaks your case.

Legal Defense

A legal defense is one built upon the defendant’s legal rights, which may include self-protection, Constitutional rights, and other circumstances.

For instance, under Missouri law, a person can use force to defend themselves if they believe someone else is or about to use force upon them. The three elements of self-defense include imminent threat, reasonable fear, and proportionate force.

Illegal search and seizure occur when law enforcement acts without a search warrant or probable cause that evidence of a crime is present.

Entrapment occurs when an individual is coerced into committing a crime, they wouldn’t have ordinarily committed due to harassment or threats made by law enforcement.

These are all examples of how a legal defense may be built by your defense team. If you would like to consult with one of our attorneys about your criminal case, please contact the office at Hosmer, King and Royce .

What to Know About Estate Planning

Tue, 05 Apr 2022 14:00:59 GMT

It’s natural, especially during pandemic times, to be worried that your affairs may not be entirely in order. Proper estate planning is not something that should be put off. There are ways to properly plan to ensure your wishes regarding your loved ones, as well as your assets, are carried out.

What is Estate Planning?

Estate planning is making a plan in advance for what happens to your assets after you’re gone. Everyone has an estate. It includes anything you own such as your car, house, bank accounts, investments, and more. Here are some important aspects for estate planning that you should know .

Creation of a Will

You may think that wills and estate plans are interchangeable terms. In actuality, a will is a small part of your overall plan, including factors such as children and property.

For example, without a will, a state court will decide who will get your assets. If you’re a parent, a state court will also decide who gets custody of your children. In simpler terms, a will is a document that says who gets what, and creating one gives you all the say.

Revocable Trusts vs Irrevocable Trusts

A trust is an agreement made when managing assets. A revocable trust can be changed, whereas an irrevocable can’t be modified after it’s created without consent.

What makes revocable trusts the most desirable are avoiding probate and protecting the privacy of the trust owner. If you have assets in more than one state, or a combination of investments, you might consider a revocable trust over a will.

Guardianships

If you’re a parent to a minor, the most important aspect of your estate planning will center around who will act as guardian to your children should you and your spouse pass on. It’s important when making this decision that the person you choose have similar parenting styles, values, and religious beliefs, as well as consent to the appointment.

Power of Attorney

Like guardians, a Power of Attorney , or POA, should be someone that you wholeheartedly trust. This person will be in charge of financial, business, and personal affairs.

This isn’t a decision to be made lightly; it requires careful examination. In most cases its either a spouse or a child. If you have multiple children, be sure to consider each child’s personality traits, their ability to handle high pressured situations, and reliability.

If you’re ready to make decisions regarding estate planning, contact Hosmer King & Royce at 417-869-9999.