Step one: treatment and gathering proof

The first step lasts until your doctors know the full picture. That means you have healed as much as you are going to. Or your doctors can describe the care you will need in the future.

Why wait? If you settle before then, you might settle for less than your injury is really worth. You only get one chance to settle.

For a sprain or strain, this step may take a few months. For a brain injury or surgery, it can take much longer.

Your lawyer uses this time to collect proof:

• Crash or incident reports.
• Photos and video.
• Witness statements.
• Insurance information.
• Your medical records and bills.

Bills matter a lot in Missouri. The amounts actually paid and still owed on your medical bills can be used to prove your losses.

Step two: the demand and talks

Once your records are gathered, your lawyer sends a demand to the insurance company. A demand explains your injuries and asks for a certain amount.

Some demands have a deadline. In Missouri, a formal offer with a deadline must stay open at least 90 days. Then come the talks back and forth.

Many cases settle at this step. Others do not. That usually happens when the two sides disagree about fault, about your injury, or about what future care is worth.

Step three: the lawsuit

If the case does not settle, your lawyer may file a lawsuit. Then the court sets the schedule. Here are the main stages:

1. Filing. The lawsuit is filed and delivered to each person being sued.
2. Answer. The other side responds. In federal court, that is usually within 21 days. The other side may also move the case from state court to federal court within 30 days. See removal to federal court.
3. Discovery. Each side asks questions in writing, trades documents and takes sworn interviews called depositions. This is usually the longest stage.
4. Mediation. A neutral person helps both sides try to settle. See mediation and arbitration.
5. Trial. The trial date depends on how busy the court is.
6. Appeal. Either side can ask a higher court to review the result. See civil appeals.

A case can settle at any point along the way. Filing a lawsuit does not mean you will end up in a courtroom.

What makes a case take longer

• Ongoing treatment. Your case cannot be fairly valued until your care is clearer.
• Fault fights. If the other side says you were partly to blame, it takes time to sort out. See comparative fault.
• More people. Each extra driver, company or insurer adds steps. Truck accident cases often have several.
• Not enough insurance. Low limits can mean looking to your own policy too.
• Punishment money. In Missouri, asking for punitive damages needs the court’s permission. That adds a step.
• Court approval. A wrongful death settlement needs a judge’s approval.

Wrapping up after a settlement

Agreeing on a number is not the last step. Several things still have to happen:

1. You sign the release.
2. The insurer sends payment.
3. Medical bills and health plan paybacks are confirmed and paid.
4. You get a written statement showing where every dollar went.
5. You receive your share.

What you can do to keep things moving

• Keep your doctor visits and follow your treatment plan. Gaps slow things down.
• Send new bills, records and insurance letters to your lawyer right away.
• Keep a short weekly note about your pain and missed work.
• Answer your lawyer’s questions quickly once a lawsuit is filed.
• Tell your lawyer if you move, change health plans or get hurt again.

Words you may hear

• Demand: a letter to the insurer that explains your claim and asks for an amount.
• Deposition: an interview under oath, with a court reporter typing every word.
• Mediation: a meeting where a neutral person helps both sides try to settle.
• Judgment: the court’s final decision about who owes what.

The deadline still matters

Talks can take time, but the deadline to file a lawsuit does not change. For most injuries in Missouri, it is five years. For wrongful death, it is three. See our deadline guide. A good lawyer plans ahead so a lawsuit, if needed, is filed well before the deadline.

Common questions

Related reading

• Missouri statute of limitations for personal injury
• Contingency fees explained
• How federal lawsuits work
• Personal injury help