Dealing with an injury that wasn’t your fault is one of the most overwhelming and frustrating situations you can be put in. Whether you were in a car accident with a drunk driver or were bitten by your neighbor’s aggressive dog, you have the right to seek justice and compensation by filing a personal injury claim in Missouri.
We understand that it can be hard to wait during a lengthy legal process. If you’re wondering how long a personal injury lawsuit takes in Missouri, we’re here to help you understand.
The honest answer is that every case is different because every injury and accident is unique. While some matters can be resolved in a few months, others may take years to ensure you receive the justice and compensation you truly deserve.
This guide outlines the typical timeline of a personal injury claim in Missouri, helping you navigate the process with a bit more peace of mind.
Initial Steps to Take After an Injury
It’s normal to feel anxious and confused when dealing with an injury. The steps you take after an accident can help with your personal injury claim and make the process efficient.
Here’s what you should do after an accident:
- Ensure everyone’s safety and take action to prevent further harm.
- Notify the appropriate authorities about the incident.
- Share contact and insurance details with all parties involved.
- Record the scene, including damages and any injuries.
- Collect official reports or documentation as evidence.
- Seek medical care, even for seemingly minor injuries.
- Avoid admitting fault or making statements that could impact your claim.
- Consult with a personal injury attorney to understand your rights and options.
- Inform your insurance provider about the incident.
- Allow your attorney to manage communication with insurance adjusters.
Related: What to Do After a Car Accident in Kansas City
Initial Consultation and Investigation
The process begins when you decide you need help. This first step involves meeting with an attorney to discuss what happened. This isn’t a high-pressure interrogation; it is simply a conversation to understand your story and see how we can help.
Once you choose a legal partner, the investigation phase begins. Your attorney will start gathering the pieces of the puzzle, including:
- Police and Accident Reports
- Witness Statements
- Photos of the Accident Scene and Your Injuries
- Medical Records
During this time, your primary job is simply to focus on healing. The pace of this phase is often dictated by your recovery. Legal professionals generally advise against rushing to settle before you reach “Maximum Medical Improvement” (MMI). You need to know the full extent of your injuries and the future care you might require before we can accurately value your claim.
In Missouri, you have five years from the date of the accident to file a personal injury claim, according to RSMo § 516.120. For wrongful death claims, the statute of limitations is three years, according to RSMo § 537.080.
These timeframes can change depending on the circumstances of your case. It’s important to speak to an attorney as early as possible to not lose out on the chance to receive compensation.
Related: Who Pays for Medical Bills After a Kansas City Car Accident?
Demand Letter and Negotiation
Once your medical condition has stabilized and we have a clear picture of your losses (medical costs, lost wages, and pain and suffering), we move to the negotiation phase.
Your attorney will draft a comprehensive document known as a “demand letter” and send it to the at-fault party’s insurance company. This letter outlines the facts of the case, the legal reasoning for liability, and the amount of compensation being sought.
The insurance company will review this packet and typically respond with an acceptance, a rejection, or, most commonly, a counteroffer. This kicks off a period of back-and-forth negotiation.
The average time for a personal injury case to settle in Missouri is not objective. While there is no single statistic that covers every scenario, many straightforward claims are resolved during this negotiation phase, often within a few months of the demand letter being sent. However, if the insurance company disputes liability or undervalues your pain, we may need to escalate the matter.
Filing a Lawsuit
If the insurance company refuses to provide a fair settlement, your attorney might recommend filing a lawsuit. This doesn’t guarantee your case will go to trial, but it initiates the litigation process.
Your lawyer will draft a “complaint,” outlining your claims, and submit it to the relevant court. The at-fault party, now referred to as the “defendant,” will then be formally served with the lawsuit.
Discovery Phase
Once the lawsuit is filed, the case enters the “Discovery” phase. This is often the longest part of the Missouri personal injury case timeline.
Discovery is the formal process where both sides exchange information to prepare for trial. It ensures there are no surprises in the courtroom. This phase typically includes:
- Interrogatories: Section 510.020 of the Missouri Revised Statutes governs the process of interrogatories, which are written questions one party sends to another during a lawsuit to gather facts before a trial.
- Requests for Production: Section 537.058 creates a strict set of rules for how a person (the claimant) must ask an insurance company to settle a personal injury or wrongful death claim before a lawsuit spirals into “bad faith” territory.
- Depositions: Section 492.400 says that witnesses, usually, are required to testify in person so a jury can see them. This law lists the specific exceptions where a deposition (a transcript of out-of-court testimony) can be read out loud as evidence instead of the person being there.
While the idea of a deposition can feel intimidating, your attorney will be right there with you, ensuring you are fully prepared and protected.
Mediation and Settlement
Even after a lawsuit is filed, the goal is often to resolve the matter without the stress of a trial. As the discovery phase uncovers more facts, both sides often gain a clearer view of the case’s strengths and weaknesses.
At this stage, the parties may agree to mediation. This is a meeting facilitated by a neutral third party (the mediator) who helps facilitate a compromise. Mediation is often very successful; the vast majority of personal injury cases are settled before they ever reach a courtroom verdict. It allows you to have a say in the outcome, rather than leaving it in the hands of a jury.
Trial
If mediation fails and the insurance company refuses to offer what is fair, your case will proceed to trial.
Trials can last anywhere from a few days to several weeks. The process involves:
- Selecting a jury
- Opening statements
- Presentation of evidence and witness testimony
- Closing arguments
- The jury’s verdict
Going to trial requires resilience, but sometimes it is the necessary path to secure justice. Your attorney will advocate for you every step of the way, presenting your story to the jury.
The Missouri personal injury case process, from filing a claim to reaching a trial verdict, can take 16-18 months or more. That’s why contacting an attorney right after an accident is crucial to building a strong case.
Factors Affecting the Timeline
- Case Complexity: Every case is unique, but some are simpler than others. For example, a straightforward car accident claim with clear fault will likely settle more quickly than a complex medical malpractice claim with multiple defendants.
- Severity of Injuries: If your injuries are serious and require ongoing medical care, it will take longer to calculate the full scope of your damages. It is usually best to wait until you have reached Maximum Medical Improvement (MMI) before settling your case.
- Insurance Company Tactics: While some insurance adjusters are fair, others might use delay tactics or make lowball offers, hoping you will become frustrated and accept a settlement for less than you deserve.
- Court Backlogs: The court’s availability can also affect the timeline of a personal injury lawsuit. If the court system is congested, your trial date may be scheduled far in the future.
How Our KC Personal Injury Attorney Can Help You
Navigating the legal system while trying to recover from an injury is overwhelming. You likely have questions, doubts, and worries about the future.
At The Law Offices of Peter A. Jouras, Jr., we believe you shouldn’t have to face this alone. We are a small law firm dedicated to providing the kind of personal, one-on-one attention that large firms cannot offer. When you hire us, you work directly with your attorney, not a case manager.
Our founding attorney, Peter A. Jouras, Jr., has over 25 years of experience serving clients in both Kansas and Missouri. We know how to handle the complexities of the legal system to get you the result you deserve. We handle cases on a contingency fee basis, which means you don’t pay us a dime unless we win your case.
If you are unsure where to start, we invite you to reach out for a free consultation. Let us handle the legal timeline so you can focus on what matters most: your recovery.
Were you hurt in Kansas? Read our blog about How Long a Personal Injury Claim Takes in Kansas.
Contact us online today to schedule a free consultation or call us at (913) 677-1999.
