If you’ve been injured in an accident caused by someone else’s negligence, you may be considering a personal injury lawsuit. In Missouri, navigating the legal system can feel overwhelming, especially if it’s your first experience with the courts. However, understanding what to expect can help ease anxiety and empower you to make informed decisions throughout your case.
Initial Consultation with a Personal Injury Attorney
Your first step in the personal injury lawsuit process should be to speak with an experienced Missouri personal injury attorney. During this free or low-cost consultation, you will have the opportunity to explain the details of your accident and injuries. The attorney can then evaluate whether you have a strong claim based on liability, damages, and other key legal factors.
Investigation and Gathering Evidence
When the attorney takes your case, they can begin investigating your claim. This involves collecting medical records, accident reports, photographs, witness statements, and other documentation supporting your case. In some cases, experts may be brought in to reconstruct the accident or testify about your medical condition and future treatment needs.
Filing the Lawsuit
If a fair settlement cannot be reached with the at-fault party’s insurance company, your attorney may file a formal complaint in the appropriate Missouri court. This document outlines your claims, the legal basis for the lawsuit, and the compensation you seek.
After the complaint is filed, the defendant (the party being sued) is served with legal notice and given a chance to respond.
Discovery Process
The discovery phase is a key part of any personal injury lawsuit. Both sides exchange relevant information through written questions (interrogatories), document requests, and depositions (sworn statements taken under oath). This helps both parties prepare for trial and often leads to clearer settlement opportunities.
Discovery can take several months, depending on the case’s complexity and how cooperative both sides are.
Negotiation and Settlement Talks
Many personal injury cases settle before reaching trial. After discovery, your attorney may negotiate with the defense to reach a fair settlement. Missouri law does not require you to settle, but accepting a reasonable offer can save time, stress, and legal fees.
Trial
If no settlement is reached, your case will proceed to trial. Personal injury trials in Missouri are typically heard before a jury, though some cases may be decided by a judge. Both sides will present evidence, question witnesses, and make legal arguments.
At the end of the trial, the jury will determine whether the defendant was liable and, if so, how much compensation you should receive. This can include damages for medical expenses, lost income, pain and suffering, and other losses.
Appeals and Post-Trial Motions
Either party has the right to file an appeal if they believe legal errors affected the outcome. Appeals can delay the final resolution of your case, but they’re not common unless a major issue occurred at trial.
Missouri’s Statute of Limitations
Under Missouri law, you generally have five years from the date of the injury to file a personal injury lawsuit. However, there are exceptions, such as in medical malpractice cases or claims against government entities, which often have shorter time limits. Failing to file on time can result in losing your right to compensation.
Contact Our Legal Team Today
Navigating a personal injury lawsuit in Missouri can be complicated and emotionally challenging, but you do not have to take on this process alone. If you or a loved one has been injured due to someone else’s negligence, and you want to explore your legal options, contact Wegmann Law Firm today to schedule a consultation with our legal team.
