What to Expect During a Personal Injury Lawsuit in Missouri

Many people hesitate to pursue a personal injury lawsuit because they’re unsure about what the process involves. Will it take years? Will you have to go to court? What if the insurance company doesn’t settle? These are common concerns, and understanding the stages of a personal injury lawsuit in Missouri can help ease your worries. 

At Bruntrager & Billings, P.C., we’re dedicated to guiding our clients through each step of the process. Here’s what you can expect during a personal injury lawsuit in Missouri.

Initial Consultation and Case Evaluation

Timeline: Within days to a week after your injury

The first step is meeting with an experienced Missouri personal injury attorney to discuss the details of your case. During this initial consultation, your attorney will review the facts, assess the potential for a successful claim, and explain your legal options. This stage is essential for setting the foundation of your case, as it helps you understand the legal process and what to expect going forward.

Investigation and Filing the Complaint

Timeline: 1 to 3 months

Once you decide to proceed, your attorney will begin an in-depth investigation. This involves collecting evidence such as medical records, accident reports, witness statements, and other documentation supporting your claim. After gathering sufficient evidence, your Missouri personal injury lawyer will draft and file a formal complaint with the appropriate Missouri court, officially initiating the lawsuit. The complaint outlines your legal claims against the defendant and the compensation you seek.

Service of Process and Defendant’s Response

Timeline: 1 to 2 months

After the complaint is filed, it must be formally delivered to the defendant through a process known as “service of process.” The defendant then has 30 days to respond to the complaint. The response can vary—they may admit to the claims, deny them, or file a counterclaim. This stage sets the tone for how the defendant plans to contest the lawsuit.

Discovery Phase

Timeline: 6 months to 1 year

The discovery phase is one of the most critical and time-consuming parts of the lawsuit. Both parties exchange information and gather evidence to build their cases. Discovery includes:

• Interrogatories: Written questions that require written answers under oath.
• Depositions: Oral questioning of parties and witnesses under oath.
• Requests for Production: Formal requests for documents and other evidence.
• Requests for Admissions: Requests to admit or deny certain facts of the case.

This phase allows both sides to thoroughly prepare for trial by uncovering all relevant facts. The duration of discovery can vary depending on the complexity of the case and the amount of evidence involved.

 

Mediation and Settlement Negotiations

Timeline: 1 to 3 months (can occur at any time during the case)

Many personal injury cases are settled before reaching trial. Mediation is a common method where a neutral third party facilitates negotiations between you and the defendant. Settlement discussions can happen at any point during the lawsuit, but they often occur after discovery, when both sides have a clearer understanding of the case’s strengths and weaknesses. If a fair settlement is reached, the case is resolved without the need for a trial.

Pre-Trial Motions and Hearings

Timeline: 1 to 2 months

If the case does not settle, both sides may file pre-trial motions. These motions can address various issues, such as requesting the court to dismiss certain claims or exclude specific evidence. The court may also schedule pre-trial conferences to discuss the progress of the case and set a trial date. This stage involves significant legal maneuvering as both sides refine their strategies.

Trial

Timeline: Several days to a few weeks

If the case proceeds to trial, both sides present their evidence and arguments before a judge or jury. During the trial, your attorney will argue on your behalf to prove the defendant’s liability and the extent of your damages. The trial process includes opening statements, witness testimony, cross-examination, and closing arguments. After hearing all the evidence, the judge or jury will deliberate and reach a verdict.

Verdict and Post-Trial Motions

Timeline: Immediately following the trial

Once the judge or jury reaches a decision, a verdict is issued. If the verdict is in your favor, the court will award damages—financial compensation for your injuries. However, the defendant may file post-trial motions, such as requesting a new trial or appealing the verdict. These motions can extend the timeline of your case, but your attorney will guide you through any additional steps that may be required.

Collection of Damages

Timeline: Several weeks to a few months (depending on the defendant’s cooperation)

If you win your case and the verdict is upheld, the final step is collecting the awarded damages. This may involve negotiating payment terms or, in some cases, taking further legal action to enforce the judgment if the defendant is unwilling or unable to pay. Your personal injury lawyer will work to ensure you receive the compensation you’re entitled to.

Contact an Experienced Missouri Personal Injury Lawyer Today

When dealing with an injury’s aftermath, the legal process can feel like just another hurdle. But with Bruntrager & Billings, P.C., you’re not just another case file. We take pride in offering personalized legal counsel that addresses your unique situation, ensuring you understand every step of the process. 

If you or a loved one has been injured and you’re considering legal action, contact us today at 314-646-0066 or visit our contact page to schedule a consultation. Let’s work together to secure the compensation you need to move forward.