Understanding the Personal Injury Lawsuit Timeline in Missouri

You may be considering a personal injury lawsuit if you’ve been injured due to someone else’s negligence in Missouri. Understanding the typical timeline of such a case can help set realistic expectations and guide you through the process. While each case is unique, here’s an in-depth breakdown of what you can expect from filing to settlement or trial, focusing on the local court systems and processes in Kansas City.

Personal Injury Lawsuit Timeline

1. Pre-Lawsuit Settlement Demand (1–3 months)

Before filing a lawsuit, many personal injury attorneys attempt to resolve the matter through a pre-lawsuit settlement demand. This involves sending a demand letter to the at-fault party or insurance company, outlining the injuries sustained and the compensation sought. This phase typically lasts until you’ve reached Maximum Medical Improvement (MMI), meaning your condition has stabilized and no significant changes are expected. If a fair settlement isn’t reached within 30 days, your attorney may proceed with filing a lawsuit.

2. Filing the Lawsuit (1–3 days)

Once a decision is made to proceed with litigation, your attorney will file a formal complaint (also known as a petition) in the appropriate Missouri court. This would typically be in the Jackson County Circuit Court or the 16th Judicial Circuit Court in Kansas City. The filing process is usually swift, taking about 1–3 days, but may take longer for complex cases, such as medical malpractice, which require expert affidavits.

3. Service of Process (1–2 weeks)

After the lawsuit is filed, the defendant must be formally notified through a process called “service of process.” This involves delivering a copy of the complaint and a summons to the defendant. In Missouri, the defendant has 30 days to respond. The service process can take 1–2 weeks, depending on the method used and the defendant’s location.

4. Discovery Phase (6 months to 1 year)

The discovery phase is one of a personal injury lawsuit’s most critical and time-consuming parts. Both parties exchange information and gather evidence to build their cases during this period. Discovery includes:

• Interrogatories: Written questions requiring 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, but it usually lasts between 6 months and a year.

5. Mediation and Settlement Negotiations (1–3 months)

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.

6. Pre-Trial Motions and Hearings (1–2 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 case’s progress and set a trial date. This stage involves significant legal maneuvering as both sides refine their strategies.

7. Trial (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.

Average Duration of a Personal Injury Case in Missouri

On average, a personal injury case in Missouri can take anywhere from 8 to 18 months to reach trial, depending on its complexity and the court’s schedule. However, it’s important to note that many cases settle out of court before reaching trial.

Factors That Can Affect the Timeline

Several factors can influence the duration of a personal injury lawsuit:

• Complexity of the Case: Cases involving multiple parties, severe injuries, or complex legal issues may take longer to resolve.
• Defendant’s Response: If the defendant denies liability or disputes the claims, the case may take longer to resolve.
• Court’s Schedule: The availability of court dates and the court’s docket can affect how quickly a case progresses.
• Settlement Negotiations: The willingness of both parties to negotiate and reach a settlement can shorten the timeline.

Statute of Limitations in Missouri

Being aware of Missouri’s statute of limitations for personal injury claims is crucial. Generally, you have 5 years from the date of the injury to file a lawsuit. However, this period can vary depending on the type of claim:

• Car & Truck Accidents: 5 years
• Medical Malpractice: 2 years
• Wrongful Death: 3 years
• Premises Liability (e.g., slip and fall): 5 years
  

Compassionate Personal Injury Attorneys in Kansas City, MO

Understanding the typical timeline of a personal injury lawsuit in Missouri can help you navigate the legal process more confidently. While many cases settle before reaching trial, it’s essential to be prepared for each stage of the process. If you’ve been injured due to someone else’s negligence, consulting with an experienced personal injury attorney can provide valuable guidance tailored to your situation.

If you have questions about your personal injury case or need legal assistance, don’t hesitate to contact The Goss Law Firm. Our experienced attorneys are here to help you every step of the way.

Contact us today by submitting a form online or calling our office at (816) 888-5000 for a free legal consultation.