Have you lost a loved one in a fatal car crash in O’Fallon, MO? Our skilled fatal car accident attorneys in O’Fallon help family members recover compensation.
Losing someone you love in a car accident creates immediate legal challenges on top of overwhelming grief. Missouri’s wrongful death law has specific rules about who can file claims, strict deadlines, and complex procedures that must be followed precisely.
At Beck & Beck Missouri Car Accident Lawyers, we understand that legal matters are likely the last thing on your mind right now.
But insurance companies and their lawyers are already working to protect their interests, and waiting too long can affect your family’s ability to recover compensation for medical bills, funeral expenses, and the loss of your loved one’s support.
Our compassionate O’Fallon fatal car accident lawyers have handled serious car accident cases for over 35 years. We know the local courts, the specific challenges these cases present, and how to protect your family’s rights while you focus on grieving and healing.
Contact us today for a free consultation with our knowledgeable legal team.
Why Choose Beck & Beck Missouri Car Accident Lawyers
Beck & Beck is Missouri’s only law firm that focuses exclusively on auto accident cases. We have decades of experience helping families like yours and have secured meaningful recoveries for our clients. Our experience with fatal car accidents in the O’Fallon area gives us deep knowledge of local roads, courts, and how these tragic cases unfold.
We understand that losing someone in a car crash is devastating. That’s why we handle every legal detail so you don’t have to. We’ve successfully represented families in fatal accidents on Highway 70, Highway K, and throughout St. Charles County.
Our approach combines aggressive legal advocacy with genuine compassion. We fight hard for maximum compensation while treating your family with the respect and care you deserve during this difficult time.
How We Handle Everything After Your Fatal Car Crash
Dealing with a wrongful death claim shouldn’t add stress to your grief. We take over all legal responsibilities from the moment you call us.
- Complete Investigation: We work with accident reconstruction experts, interview witnesses, and preserve all evidence before it disappears
- All Legal Paperwork: We handle estate setup, file the wrongful death lawsuit, and manage every court document
- Insurance Company Negotiations: We deal with all insurance adjusters and their tactics to deny or minimize your claim
- Financial Damage Calculations: We work with economists and medical experts to determine the full value of your loss
You won’t have to speak with insurance companies, attend depositions alone, or worry about missing important deadlines. Our O’Fallon fatal car accident lawyers guide you through each step and keep you informed without overwhelming you with legal details.
Common Causes of Serious Car Accidents in O’Fallon
Serious and catastrophic car accidents in O’Fallon often happen because another driver made a dangerous choice. Understanding what caused your loved one’s death helps us build a stronger case for your family.
The most common causes we see in fatal crashes include:
- Drunk driving: Especially on busy highways like I-70, where impaired drivers cause devastating high-speed crashes
- Distracted driving: Drivers texting or using phones near shopping centers and busy intersections
- Excessive speeding: Particularly dangerous in residential areas where families live, and children play
- Commercial truck accidents: Large trucks that can’t stop in time or have mechanical failures
- Hit-and-run crashes: Drivers who flee after causing fatal accidents, often because they’re impaired or uninsured
Each type of fatal accident requires different investigation techniques and legal strategies. We know how to handle all of them.
Who Can File a Wrongful Death Claim in Missouri
Missouri law is very specific about who has the right to file a wrongful death lawsuit. Only certain family members can bring this type of claim, and the law creates a clear order of priority.
The first group includes your loved one’s spouse, children, or parents. If none of these family members can file, the right passes to siblings or their children. It’s important to know that only one wrongful death lawsuit can be filed per death, so all eligible family members must be included in the same case.
If no family members exist or are able to file, the court can appoint a personal representative to handle the claim. This person acts on behalf of your loved one’s estate and any beneficiaries.
What Your Family Can Recover in a Missouri Wrongful Death Case
Missouri allows families to recover compensation for both financial losses and the personal impact of losing someone you love. These damages help provide financial security and acknowledge the profound effect this loss has on your family.
Economic Damages | Non-Economic Damages |
Medical bills before death | Pain and suffering your loved one experienced |
Funeral and burial expenses | Loss of companionship and emotional support |
Lost future income and benefits | Loss of guidance for surviving children |
Value of household services | Family’s grief and emotional distress |
In cases involving extreme recklessness, such as drunk driving, your family may also recover punitive damages. These are designed to punish the wrongdoer and prevent similar behavior in the future.
The amount of compensation depends on your loved one’s age, income, health, and the circumstances of their death. We work with financial experts to calculate the full value of what your family has lost.
How We Prove Someone Else Caused the Fatal Accident
To win your wrongful death case, we must prove that another person’s negligence caused the crash that killed your loved one. This requires establishing four key legal elements.
First, we show that the other driver had a duty to drive safely. All drivers have this basic responsibility to follow traffic laws and operate their vehicles carefully.
Second, we prove they breached this duty through careless or reckless behavior. This could be speeding, texting while driving, running a red light, or driving while intoxicated.
Third, we demonstrate that their dangerous actions directly caused the fatal accident. We use evidence such as police reports, witness statements, and accident reconstruction to establish the connection between their behavior and the crash.
Finally, we document the damages your family suffered as a result of this loss. This includes both financial losses and the emotional impact on your family.
Critical Evidence We Secure Immediately
Time is crucial in fatal accident cases because important evidence can disappear quickly. We act fast to preserve everything that can help prove your case.
- Police reports and crash scene photos: Official documentation of what happened and the scene conditions
- Witness interviews: We speak with anyone who saw the crash while their memories are fresh
- Video footage: Traffic cameras, security cameras, and dashcam recordings that capture the accident
- Vehicle data recorders: “Black box” information showing speed, braking, and steering in the moments before impact
- Cell phone records: Evidence that the other driver was texting or talking when the crash occurred
When the At-Fault Driver Has No Insurance or Flees the Scene
Not every fatal accident involves a driver with adequate insurance coverage. Some drivers carry only minimum insurance, while others have no coverage at all. Hit-and-run drivers who flee the scene create additional challenges.
Fortunately, your family isn’t left without options. Missouri requires all drivers to carry uninsured motorist coverage, which applies when the at-fault driver can’t be found or doesn’t have insurance.
Missouri requires drivers to carry minimum liability insurance, though many families opt for higher coverage. If your household has multiple vehicles, you may be able to “stack” these policies to increase the total coverage available.
We also investigate whether any other parties might share responsibility, such as employers of commercial drivers or government entities responsible for dangerous road conditions.
How Criminal Charges Affect Your Wrongful Death Case
Fatal car accidents often result in criminal charges against the at-fault driver. These criminal cases are separate from your family’s civil wrongful death claim, though they can influence each other.
The criminal case seeks to punish the driver for breaking the law. Your wrongful death lawsuit seeks financial compensation for your family’s losses. Both cases can proceed at the same time, and you don’t need to wait for criminal charges to be resolved.
A criminal conviction can strengthen your civil case by providing additional evidence of the driver’s guilt. However, you can still win your wrongful death claim even if the criminal case doesn’t result in a conviction.
The most important thing is to file your civil lawsuit within Missouri’s three-year deadline, regardless of what happens in the criminal case.
What Happens If Your Loved One Was Partially at Fault
Insurance companies often try to blame the victim to reduce what they have to pay. They might claim your loved one was speeding, not wearing a seatbelt, or somehow contributed to the accident.
Missouri follows a pure comparative fault system, which means your family can still recover compensation even if your loved one bears some responsibility. Your total award gets reduced by their percentage of fault, but you don’t lose everything.
For example, under the comparative fault system, if total damages are $1 million and your loved one is found 10% at fault, your family would recover $900,000. Even if your loved one is partially at fault for the crash, your family may still be able to recover compensation.
We fight back against unfair blame tactics and work to minimize any fault assigned to your loved one.
Missouri’s Three-Year Deadline for Wrongful Death Claims
You have exactly three years from the date of your loved one’s death to file a wrongful death lawsuit in Missouri.
Courts rarely make exceptions to this rule, even in cases involving ongoing criminal proceedings or complex investigations. The three-year clock starts ticking immediately, regardless of when you discover additional facts about the accident.
Filing early also helps preserve evidence and witness memories. The sooner we begin investigating, the stronger your case becomes.
What to Do in the First Week After a Fatal Car Accident
The days immediately following a fatal accident are overwhelming, but taking certain steps can protect your family’s legal rights and strengthen your eventual claim.
Get Official Reports:
Request copies of the police report and any accident reconstruction reports. These documents provide crucial details about how the crash happened.
Preserve Everything:
Don’t throw away your loved one’s personal belongings from the accident, including their cell phone, clothing, or damaged items. Don’t repair or dispose of any vehicles involved in the crash.
Avoid Insurance Company Calls:
Don’t give recorded statements to any insurance company, including your own, until you’ve spoken with an attorney. These statements can be used against your family later.
Contact Our Firm:
Contact our law firm for a free consultation to understand your rights and options. We’re available 24/7 and can often meet with you at home if needed.
Consider Estate Planning:
A wrongful death lawsuit must be filed by or on behalf of your loved one’s estate, which may require opening probate proceedings.
Our Experience With O’Fallon Fatal Car Accident Cases
Beck & Beck has been representing Missouri families in fatal car accident cases since 1990.
We’ve handled wrongful death claims involving crashes on I-70, Highway K, and various dangerous intersections in O’Fallon. Our deep familiarity with local courts, judges, and legal procedures gives us an advantage in building strong cases for our clients.
As Missouri’s only law firm dedicated exclusively to auto accident cases, we understand the unique challenges these cases present. We’ve recovered millions of dollars for families who lost loved ones in preventable crashes.
Skilled Auto Accident Injury Law Firm in O’Fallon, Missouri
We know that grief doesn’t follow business hours. That’s why our team is available to speak with you 24 hours a day, 7 days a week. We offer completely free consultations with no obligation to hire us.
During your consultation, we’ll listen to what happened, explain your legal options, and answer all your questions. If traveling to our office is difficult, we can meet with you at your home. You’ll never pay us anything unless we successfully recover compensation for your family.
Frequently Asked Questions About Fatal Car Accident Claims
Who Can File a Wrongful Death Claim If There’s No Immediate Family?
If the deceased had no spouse, children, or parents, then siblings or their children can file the wrongful death claim within the three-year deadline. If no family members exist, the court can appoint an administrator to file on behalf of the estate.
Do We Need to Open an Estate to File a Wrongful Death Lawsuit?
Yes, Missouri law requires that wrongful death claims be filed by or on behalf of the deceased’s estate. This typically means opening probate proceedings, though we can guide you through this process as part of handling your case.
How Do Courts Divide Wrongful Death Settlements Among Multiple Family Members?
Missouri courts consider each family member’s relationship to the deceased and their individual losses when dividing settlements. Spouses and children typically receive larger portions, but the exact division depends on the specific circumstances of each family.
Can We Recover Damages for Our Loved One’s Pain Before They Died?
Yes, if your loved one was conscious and suffered pain between the accident and their death, the estate can file a separate “survival action” to recover damages for that suffering. This is in addition to the wrongful death claim.
Can We Stack Multiple Insurance Policies in a Fatal Car Accident Case?
Missouri generally allows stacking of uninsured and underinsured motorist policies from multiple vehicles in the same household. This can significantly increase the total insurance coverage available to compensate your family for your loss.
