Local Representation You Can Count On
Serving Clients In Missouri Since 1947
Over 50+ Years Of Experience
Flexible
Appointments
Oldest Law Firm in Hillsboro, MO
Experienced Attorneys in Hillsboro
Whether you need assistance with a personal injury claim, criminal case, family law matter, worker’s compensation, or other legal issue, our attorneys offer local representation that you can count on. Since 1947, our firm has represented clients throughout Jefferson County, Ste. Genevieve County and other surrounding counties, such as Washington, St. Francois and St. Louis County, including individuals, businesses, schools, municipal clients, banks, and other organizations in a broad range of legal matters.
Superior Legal Guidance and Support in Missouri
Looking for a reliable team of attorneys to handle your legal case? Look no further than Wegmann Law Firm. With a combined experience of over 50 years and a team of seasoned professionals, we are dedicated to helping you build a strong strategy and increasing your chances of a favorable outcome. Our lawyers in Hillsboro, MO possess a deep understanding of successful case strategies, providing valuable insights into the opposing party’s approach.
Whether you require assistance with personal injury claims, criminal cases, family law matters, worker’s compensation, or any other legal issue, our attorneys offer trustworthy local representation. We prioritize your needs and will exceed your expectations to ensure comprehensive coverage for whatever challenges you face. Contact us at (636) 797-2665 or fill out our online form to request a case review. Trust Wegmann Law Firm to be your reliable legal partner.
The Wegmann Law Firm Team
-
Bianca L. Eden
Partner/Attorney
-
Mark T. Bishop
Partner/Attorney
-
Jessica A. Mikale
Partner/Attorney
Hear From Our Satisfied Clients
-
A jury can find you responsible for 99% of the crash in Missouri, and you still collect the remaining 1%. Insurance adjusters don’t lead with that. They lead with the fault percentage assigned early, often before anyone has pulled the full police report, and they present it as if it were settled.
Missouri Follows Pure Comparative Fault
The rule traces back to Gustafson v. Benda, 661 S.W.2d 11 (Mo. banc 1983), where the Missouri Supreme Court abandoned contributory negligence. Under the old rule, one percent of the blame on your side ended the case. The legislature codified the replacement at RSMo § 537.765, which provides that fault charged to the plaintiff reduces compensatory damages proportionally but does not bar recovery.
“Pure” is the operative word. Most states use a modified version that cuts recovery off at 50 or 51 percent, and several of Missouri’s neighbors do exactly that. Missouri sets no ceiling. Your share of fault reduces what you collect, and that is all it does.
Your Percentage Is Argued, Not Calculated
Nobody hands out fault percentages by formula. A jury assigns them, and before trial, an adjuster estimates what a jury would probably do. That estimate drives the offer sitting in front of you.
So, the number of injury claims in Jefferson County is disputed. Defense arguments usually sound like this:
- Speed – A few miles per hour over the speed limit is characterized as a contributing factor.
- Distraction – A claim often built on phone records, rather than any eyewitness testimony.
- Opportunity to avoid the accident – The defense claims that you had a chance to prevent the collision but failed to do so.
- Delayed treatment – This is recast by the defense as proof that your injuries were caused by something else entirely.
Every one of those is an argument, not a finding. Arguments are answered with photographs, black box data, scene measurements, and testimony.
The 51 Percent Rule Decides Who Actually Pays
When more than one party causes a crash, RSMo § 537.067 governs collection. If a defendant is found to be 51% or more at fault, they are jointly and severally liable for the entire judgment. Defendants below that line are only responsible for their own percentage.
The practical effect becomes evident when one driver is uninsured. If the insured defendant’s liability exceeds 51%, you can seek full compensation from that party. However, if the liability falls below 49%, you may only be able to recover a portion of the amount awarded by the jury.
A Seat Belt Argument Is Not a Fault Argument
Failure to wear a seat belt should not be considered as evidence of comparative negligence, but it may be used as a factor to reduce damages if the defendant can provide expert testimony that the seat belt contributed to the injuries claimed, and if the reduction is limited to a maximum of one percent of the total award, after all other factors have been taken into account.
Where the Law Stands in 2026
Missouri’s general deadline for personal injury suits remains at five years from the date of injury under RSMo § 516.120. This deadline has been under pressure for some time. House Bill 68 was passed by the Missouri House in 2025, but it was stalled in the Senate and negotiations over a shorter period continued into 2026. Wrongful death claims are still limited to three years and most medical malpractice claims are limited to two years.
Waiting for legislation is not a strategy. Evidence that disproves the fault percentage – dashcam footage, surveillance video, and downloadable vehicle data – disappears in months, not years.
Get the Fault Percentage Challenged Before You Sign Anything
The number that an adjuster assigns to your case is an initial position which can be negotiated in a way that most claimants are not aware of. Wegmann Law Firm has been representing clients from Jefferson County since 1947 with over 50 years of experience in personal injury, workers’ compensation, criminal defense and family law cases. Our personal injury lawyers examine how fault was assigned in your case, challenge the assumptions behind it and create a record that reduces that percentage. Schedule a consultation today to learn more.
-
Missouri courts will not refer a case to a jury based on hurt feelings. In order to recover for emotional distress as a separate claim, you must prove a mental injury that is diagnosable by a medical professional and severe enough to be considered medically significant.
Emotional Distress Is Usually Part of a Larger Injury Claim
Most people asking this question have already had another case. If a distracted driver puts you in the hospital, the anxiety, PTSD, insomnia and depression that follow are recoverable as non-economic damages in that injury claim. No separate lawsuit is needed. This is the most common path and it runs within the general five-year deadline in RSMo § 516.120.
Intentional Infliction Requires Genuinely Outrageous Conduct
For an IIED claim, you must show that the defendant acted intentionally or recklessly, that the conduct was extreme and outrageous, and that it caused severe emotional distress. Missouri sets the bar, where the Restatement sets it: the conduct must be atrocious and utterly intolerable in a civilized community. A judge screens this question before a jury hears it. Rudeness, unfair treatment at work, and even truly cruel behavior often falls short.
There is a timing trap here that catches people. When a IIED claim exists only because of an underlying battery or similar act, the Missouri Supreme Court applies a two-year deadline under § 516.140 rather than five years.
Negligent Infliction Turns on Medical Proof
You do not need physical evidence. Missouri abandoned this requirement in 1983. Instead, you need:
- Proof that the defendant should have known their actions created an unreasonable risk of emotional distress.
- A diagnosis of the distress, which must be medically diagnosed and significant, meaning treatment records, not just testimony about how severe it was.
- Causation linking the diagnosis to the defendant’s actions.
Bystander claims are a separate category. A parent who witnesses a child being struck by a careless driver may have a case, but the relationship, proximity, and what the individual actually saw at the time are all important.
Workplace Stress Follows the Workers’ Compensation Rules
If the distress comes from your job, § 287.120 generally applies instead of a civil suit. Section 8 says mental injury from work-related stress is not compensated unless the stress is related to work and extraordinary and unusual, as measured by objective standards and actual events. Section 9 closes the door on claims based on discipline, evaluations, transfers, layoffs, demotions, or terminations dealt with in good faith.
Ordinary job pressure will not clear that bar. Witnessing a fatal accident on a job site can lead to PTSD claims under § 287.067 for first responders.
Where the Deadlines Stand in 2026
The five-year window still applies to most Missouri injury claims. Lawmakers have tried to shorten it: the House passed HB 68 in 2025 to cut it to two years, and a negotiated three-year version stalled in the Senate. Nothing has passed, so the current rule remains. Other deadlines are shorter and more strict. Medical malpractice claims fall under § 516.105 after two years. Wrongful death claims run for three years under § 537.100. Claims involving cities, counties or public employees may have notice requirements measured in weeks.
Get Your Case Reviewed Before the Evidence Fades
Emotional distress cases are won by documentation. Treatment records, therapy notes, and testimony from people who have watched you change carry weight that the words “I’ve been struggling” cannot. The sooner someone starts building this record, the stronger their claim.
Wegmann Law Firm has more than 50 years of experience in personal injury, criminal, family law, and workers’ compensation cases in Jefferson County and surrounding areas. Our attorneys can help you determine which claim is best for your situation, what deadlines apply, and what evidence should be collected. Contact us to schedule a consultation and let us help you.
-
A clouded title can kill your day before it happens. It means that someone other than you may have a legal claim to your property: an old lien, a missing signature, or an heir who has not been accounted for. Until this claim is resolved, you will not have a clean title, and buyers and lenders will back out. Wegmann Law Firm helps Missouri property owners find and clear these problems.
What a Clouded Title Actually Means
Clean title, called a fee simple, means that you own the property outright without any competing claims. Any cloud in the recorded history of the property that undermines this fact is called a gap, defect, or outside interest that has never been resolved. You may still live in the house, pay taxes, and treat it as your own. On paper, ownership is in question, which is what a title search reveals.
Common Causes of a Cloud
Title problems can come from many different directions. Some of the most common ones include:
- An unreleased lien from a paid-off mortgage, judgment, or tax debt that was never marked as satisfied by the county.
- A break in the chain of title, such as a deed that was never recorded or has an error.
- Missing or unknown heirs who inherit a share after a prior owner dies without a clear estate plan.
- Forged or improperly notarized deeds that are hidden in records.
- Boundary and survey disputes with neighbors over where the property line falls.
While some of these issues can be resolved with simple paperwork, others may require legal action in the form of a lawsuit.
How a Quiet Title Action Works
When a cloud cannot be cleared by agreement, the tool is a quiet title lawsuit. Missouri’s quiet title statute lets anyone claiming an interest in real property ask a court to determine who owns what. You file a petition in the circuit court for the county where the land sits. Everyone with a possible claim is named as a party. The court then defines each party’s interest and issues a judgment that settles the title going forward.
One detail worth knowing before you file a lawsuit: if the person you sue defaults or admits the claim, Missouri law can make you pay court costs as the party who filed the suit. A lawyer can help you determine whether litigation is the best course of action or the last resort.
Clearing a Cloud Without Court
Not every cloud needs a silver lining. Depending on the issue, a title can often be cleared up by:
- Recording a release once a lien has been paid off
- Filing a corrective deed to correct a scrivener’s mistake in the legal description or misspelled name
- Obtaining a quitclaim deed from anyone who may have a stray interest, transferring their claim to you
- Filing a title insurance claim if the issue falls under your policy
Timing is also important. Missouri’s 10-year period for resolving real property disputes means a neglected boundary or possession issue can harden into neighbor’s ownership through adverse possession. Waiting rarely helps.
Clear the Title Before It Costs You a Sale
A cloud on your title does not disappear on its own, and it tends to appear at the worst possible time: under a contract, with a buyer and closing date already set. If a title search flags a problem, or if you are unsure about how the property came to be yours, have an attorney investigate the chain of events and find the fastest route to clear the title. Call Wegmann Law Firm at (636) 797-2665 or request a case review using our online form, and we will help you resolve the issue before it ruins your deal.
-
Missouri does not give home buyers a cooling-off period. Sign a purchase agreement and you are bound by it. There is no three-day window to change your mind and walk away clean. If you want out later, the contract itself will have to give you a reason.
There Is No Statutory Right to Cancel
Some contracts, like certain door-to-door sales, come with a legal cancellation window built into state law. A home purchase is not one of them. Once both sides sign, Missouri treats the agreement as a binding contract. Your ability to back out lies entirely in the terms you agreed to, not in any state cooling-off rule. That is exactly why contingency clauses carry so much weight.
Contingencies Are Your Legal Off-Ramp
A contingency is a situation that must be met, or the agreement can be canceled without penalty. Here are some examples of common contingencies:
- Inspection contingency: If serious defects are found during the inspection, you can cancel the purchase or renegotiate the terms before the deadline.
- Financing contingency: Your lender may deny the mortgage application, freeing you from the obligation to purchase.
- Appraisal contingency: If the home appraisal is below your offer price, you have the option to back out or negotiate with the seller to reduce the price.
- Title contingency: The seller must provide a clear title at closing. If there are any issues with the title, you can back out of the deal.
- Sale of your current home: Some buyers may cancel if they are unable to sell their current home in time for the purchase.
Every one of these runs on a date written in the contract. Miss it and the protection will be gone.
The Contract Must Be in Writing
Under Missouri’s statute of frauds, any agreement to sell land has to be in writing and signed by the party you are trying to hold it to. A verbal promise to sell a house will not stand up in court. This protects you from being trapped by a casual conversation. It also means that a deal that nobody signed may not be enforceable at all.
What Happens to Your Earnest Money
Earnest money is a deposit that shows your seriousness. Whether you get it back depends on the reason for leaving. If you cancel under a valid contingency, you are usually entitled to a refund. If you walk away without a contractual basis, the seller can often keep the deposit. Many Missouri contracts call this deposit liquidated damages, which limits what the seller can recover if you breach the contract. Read the clause to understand your financial exposure.
Buying a home built before 1978? Federal law gives you a 10-day window to test for lead-based paint, and what the inspection finds there can support an exit or renegotiation.
Walking Away Without a Reason
Change your mind after every contingency has cleared and you are in breach. The seller has real options: they can keep the earnest money, sue for the difference between your price and the eventual sale price of the home, or ask a court to order specific performance and force the closing to take place. Buyers have the same remedy when a seller attempts to back out of a signed deal.
Talk to a Lawyer Before You Sign or Cancel
The line between a clean exit and a costly lawsuit usually comes down to one clause and one date. If you are buying or selling in Missouri and you are not sure whether you can cancel, have an attorney read the agreement first. Call Wegmann Law Firm at (636) 797-2665 or request a case review through our online form, and we will tell you exactly where you stand.
-
Missouri courts divide custody into two separate categories. Most parents don’t realize this until they’re already in the middle of a divorce or custody proceeding – and by then, the distinction matters a great deal. Whether you share decision-making authority over your child is an entirely different question from where your child sleeps at night.
What Legal Custody Actually Means
Legal custody refers to who makes major decisions about a child’s life. This includes decisions about education, healthcare, religious upbringing, and extracurricular activities. In most cases in Missouri, courts award joint legal custody, which means both parents share this responsibility and must communicate and agree on important decisions.
Sole legal custody – where one parent makes all major decisions alone – is less common. Courts typically reserve it for situations involving domestic violence, substance abuse, or a documented history of one parent refusing to cooperate in parenting. Under Missouri Revised Statutes § 452.375, there is a statutory presumption that joint custody is in the child’s best interest, and any deviation from this requires specific findings by the court.
What Physical Custody Actually Means
Physical custody determines where a child lives and who provides daily care. This is what most people think of when they hear the word “custody” – the schedule, the overnight stays, the holidays.
Missouri also allows for joint physical custody, which does not necessarily mean a 50/50 split. In fact, the actual division can vary greatly depending on various factors such as:
- The child’s school schedule and extracurricular activities
- Each parent’s work and living arrangements
- The distance between the parents’ residences
- The child’s age and established daily routine
- Any special needs or requirements the child may have
A common arrangement in Jefferson County and surrounding areas is a weekly schedule, though the courts are flexible. The important thing is that the schedule is consistent and truly works for the child – not just the parents.
How Missouri Courts Decide Custody
The primary consideration in determining the best interests of the child is outlined in § 452.375.2 of the RSMo, which states that courts should evaluate a range of factors when making decisions regarding custody, visitation, and other issues related to the child. These factors include:
- The child’s relationship with each parent
- Each parent’s willingness to support the other’s relationship with the child
- The child’s adjustment to their home, school, and community
- The mental and physical health of all involved parties
- Any history of abuse or domestic violence
One factor that catches parents off guard is Missouri courts looking specifically at which parent is more likely to allow frequent contact with the other. A parent who tries to limit or undermine the other parent’s relationship with their child can be penalized in custody determination. This is directly codified in statute and seriously taken by local judges.
Parenting Plans Are Required
Missouri law requires that parents submit a parenting plan to the court – either by agreement or through a court order – that spells out custody arrangements in detail. Under § 452.310 of the RSMo, the plan must address residential time, decision-making authority, transportation, holiday schedules, and how parents will handle disputes.
If parents can’t agree, the court will impose a plan. This gives a judge far more discretion over your family’s schedule than most parents want to give up.
When Custody Orders Need to Be Modified
Custody is not always permanent. Either parent may petition for modification if there has been a significant and continuing change in circumstances since the original order was made. This is a high legal barrier – normal life changes do not qualify. However, job relocations, significant changes in a child’s needs, or evidence of abuse or neglect may meet the threshold. Section 452.410 of the Revised Statutes of Missouri governs the modification process in Missouri.
Talk to a Missouri Custody Attorney Before You Finalize Anything
Custody agreements are legally binding, and mistakes made early in the process are hard to undo. The team at Wegmann Law Firm works with parents in Hillsboro and throughout Jefferson County to build custody arrangements that actually hold up – and that reflect what’s best for the children involved. If you’re navigating a custody dispute or facing a modification, contact us today to schedule a consultation.
-
A parent who stops paying child support in Missouri doesn’t just fall behind on a bill. They fall into a legal enforcement system that can garnish their wages, seize their tax refunds, cancel their driver’s licenses, and eventually land them in jail. The courts take this seriously – and the Missouri Family Support Division (FSD) has real tools to deal with it.
Income Withholding Kicks In Automatically
Missouri law requires that every child support order includes an income withholding order from the beginning. This means that if a non-custodial parent has a job, support payments are deducted directly from their paycheck – the same way as taxes. Employers are legally obligated to comply.
Withholdable income goes beyond wages. It includes workers’ compensation benefits, disability payments, pension distributions, and other periodic income. There is no waiting for parents to miss payments before this begins. Deductions are built into the system from day one.
What Happens When Payments Stop
If a parent falls behind, Missouri provides enforcement agencies and courts with several ways to respond.
Administrative enforcement through the FSD may include:
- Interception of state and federal tax refunds.
- Seizure of bank account funds through a data-matching program.
- Suspension of driver’s licenses, professional certifications, and recreational permits – these will remain suspended until a payment agreement is in place.
- Reporting the debt to credit bureaus.
- Referral for civil contempt or criminal non-support charges.
The FSD’s banking data-matching program has been expanded in recent years, giving the division broader authority to locate and seize funds from delinquent parents’ accounts without the need for a separate court order.
Contempt of Court: The Court’s Direct Enforcement Tool
The custodial parent can also file a motion for contempt directly with the court that issued the original support order. Contempt is serious, and the judge can order a wage garnishment, require a lump sum payment of arrears, and, if the non-paying parent is found to be deliberately refusing, impose jail time until the debt is paid.
Courts don’t need the FSD to get involved in order to act here. The judicial branch has independent authority to enforce its own orders, and many judges will pursue this aggressively.
Criminal Charges Are on the Table
This is something that many people may not expect. Under Missouri law, RSMo § 568.040 states that knowingly failing to provide court-ordered support can be a criminal offense. This charge is known as criminal nonsupport, and the consequences depend on how much the parent has failed to pay:
- Class A misdemeanor: up to one year in jail and a fine of up to $2,000 for nonpayment of standard amounts
- Class E felony: when the total amount unpaid exceeds an aggregate of 12 monthly payments under a court or administrative order
One Thing That Won’t Work: Withholding Visitation
Some custodial parents try to cut off contact when support stops. This approach creates a separate legal problem and does not affect the support obligation at all. The same goes for non-custodial parents who stop paying because the other parent is blocking visitation: they are still breaking the law. Courts treat child support and custody as separate legal issues, and enforcement of one cannot be legally conditioned on compliance with the other.
Your Next Step Starts With a Conversation
Whether you’re owed months of unpaid support or you’ve fallen behind and need to understand your options, the situation doesn’t resolve itself. The attorneys at Wegmann Law Firm in Hillsboro, MO have more than 50 years of combined experience handling family law matters in Missouri courts – including child support enforcement and modification. Contact us today to schedule a consultation.
The Local Firm You Need On Your Side
Preparing a strong legal case requires meticulous planning and unwavering support. At Wegmann Law Firm, we understand the importance of having knowledgeable attorneys who not only possess expertise in various practice areas but also stand firmly in favor of your interests. We take the time to thoroughly review your priorities and assist you in preparing for the upcoming proceedings.
With a team of highly knowledgeable lawyers, we have successfully represented clients in a wide range of personal and business legal matters, including winning appeals in the Missouri Appellate Courts and the Missouri Supreme Court. Our commitment to providing personalized attention to every case extends to clients in Jefferson County, Ste. Genevieve County, and surrounding areas.
To begin protecting your interests and building a strong case, contact our Hillsboro office at (636) 797-2665. Our dedicated team at Wegmann Law Firm is ready to assist you.
