When the unexpected loss of a loved one in O’Fallon involves questions about another party’s actions, families quickly face legal and practical challenges that they may never have prepared for. Handling an estate, confronting medical bills, and seeking answers about what happened can become overwhelming.
Missouri’s wrongful death laws give certain family members the chance to pursue claims, but the rules are specific and can be complicated. Clear legal advice at the outset can make a genuine difference for families trying to make informed choices during a difficult time. Call our O’Fallon injury attorney at Meyerkord & Kurth to schedule your free consultation.
Why Meyerkord & Kurth Should Be The Choice for O’Fallon Families Who Lost a Loved One
O’Fallon families need a law firm that focuses not only on case outcomes but also on accessibility and compassion during difficult times. Meyerkord & Kurth’s decades of handling wrongful death cases across Missouri means you have an advocate by your side at every step.
- 100+ years of combined legal experience in personal injury and wrongful death cases
- More than $450 million recovered for injured clients and their families
- Contingency fee structure; no attorneys’ fee unless we obtain compensation for you
- Every client receives individualized guidance and prompt responses to questions
We understand the challenges grieving families in O’Fallon encounter, and our goal is to make the situation easier for you.
The Importance of Working With a Lawyer in Wrongful Death Cases in O’Fallon
Wrongful death cases in O’Fallon can be complicated, especially when multiple parties or complex circumstances are involved. Under the Missouri Wrongful Death Act (RSMo § 537.080 and § 537.090), state law imposes strict requirements on proof of fault, who is entitled to make a claim, and what types of recovery may be possible. If procedures aren’t followed closely, legitimate claims can be compromised or lost. By working with a lawyer, your family can:
- Get help documenting income, services, and support the loved one provided
- Rely on the attorney’s skills in securing medical records, reconstructing accident scenes, and involving reputable experts when needed
- Have someone who can respond quickly and effectively if disputes or new information arise
Working with an experienced attorney protects your family’s rights and helps ensure the claim is handled properly.
What to Expect From the Wrongful Death Claims Process
When you start a wrongful death claim in O’Fallon, you can expect a process that looks something like the following:
Initial Case Assessment and Insurance Claims
Many wrongful death cases begin by identifying and notifying all relevant insurance companies, including liability carriers for both individuals and businesses that might be responsible. A claim is often submitted directly to these insurers, and documentation supporting the claim may be requested, such as death certificates, medical records, and proof of financial loss. Adjusters will review the case, sometimes conduct their own investigation, and may make an initial settlement offer.
Filing with insurance can resolve some wrongful death cases without the need for formal litigation. However, if the claim is denied or a reasonable settlement isn’t offered, you may need to file a lawsuit to recover compensation.
Investigation and Evidence Gathering
If the insurance process isn’t successful, your lawyer can review all available facts and continue investigating to determine the basis for the wrongful death lawsuit. This stage may also include working with medical experts, accident reconstructionists, and specialists who can verify what happened.
Notice and Filing
An eligible family member or other person authorized under Missouri law formally files a petition with the court. This initiates the lawsuit, and then the defendant must be formally served with the petition and summons.
Discovery
Both sides share documents and information through depositions, subpoenas, requests for records, and written questions, ensuring transparency before any trial takes place.
Negotiation and Pre-Trial Proceedings
With the information obtained, settlement discussions often take place again, sometimes resulting in mediation. Additional offers may be made to try to settle the case before it actually gets to trial. Motions may also be filed to clarify legal disputes ahead of any trial. Many claims are resolved here.
In Missouri wrongful death cases, a settlement may also require court approval and allocation of the proceeds among the people entitled to recover.
Trial and Judgment
If no agreement is reached, the case is tried before a judge or jury. The judge or jury will determine liability and damages, and the court will enter a binding judgment.
Speak to an O’Fallon Wrongful Death Attorney About Your Case
Addressing a wrongful death claim in O’Fallon starts with qualified legal guidance. A simple consultation can reveal which rights may be available to your family and help you figure out what steps you need to take. Meyerkord & Kurth is available to discuss your concerns so we can help you seek justice for your loved one. Contact us today and schedule a confidential case evaluation.