Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Resolving a personal injury claim in Missouri that includes compensation for lost wages typically takes between 6 months and 2 years. The exact timeline depends on several factors, including injury severity, proof of wage loss, liability disputes and court schedules. Below is a broad overview of each stage:
- Pre-Lawsuit Investigation (1–3 months): You gather medical records, wage statements and evidence of fault. Your attorney sends a demand package to the insurer, outlining injuries, medical treatment and documented lost earnings.
- Negotiation (1–3 months): Insurers review your demand and may make a counteroffer. Many cases settle at this stage if both sides agree on liability and damages.
- Filing and Discovery (6–12 months): If negotiations stall, your attorney files a complaint in circuit court. Both sides exchange information through written questions, document requests and depositions. This phase often drives the bulk of the timeline. Per Missouri’s statute of limitations, you must file within five years of the injury date (RSMo § 516.140).
- Motion Practice (1–3 months): Either side may file motions to narrow issues or dismiss claims. Courts typically rule on key motions before trial.
- Mediation or Settlement Conference (1 month): Many courts require mediation. A neutral mediator helps both parties discuss settlement without a formal trial.
- Trial and Verdict (1–5 days, plus scheduling delays): If mediation fails, your case goes to trial. Scheduling varies by county and court docket.
- Post-Trial and Appeals (6–18+ months): Either party may appeal a verdict, adding time before a final resolution.
Overall, straightforward claims with clear liability and well-documented wage loss often resolve in under a year. Complex disputes over causation, serious injuries or multiple defendants can push the timeline beyond two years.
Helpful Hints
- Keep detailed records of pay stubs, tax returns and employer statements to prove lost wages.
- Notify your employer promptly about the injury and document any workplace communications.
- Track all medical appointments, treatments and related expenses to support the overall claim.
- Respond promptly to discovery requests to avoid court-imposed delays or sanctions.
- Consider mediation early to potentially shorten the process and reduce legal fees.
- Consult a personal injury attorney experienced in Missouri law to ensure you meet all deadlines, including the five-year statute of limitations.