Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Resolving an auto accident injury claim in Missouri depends on factors like injury severity, liability issues, and the complexity of medical treatment. While each case varies, most claims follow these stages with estimated timeframes:
1. Initial Investigation and Medical Treatment (1–3 Months)
After the crash, seek prompt medical care. Your attorney will gather the police report, witness statements, and medical records. Early evidence collection helps build your claim.
2. Demand Letter and Settlement Negotiation (1–4 Months)
Once you reach maximum medical improvement, an attorney prepares a demand package detailing liability and damages. The insurer reviews and often counteroffers. This back-and-forth can take several months.
3. Filing a Lawsuit and Discovery (6–12+ Months)
If negotiations stall, you must file suit in Missouri circuit court. During discovery, both sides exchange documents and take depositions. Discovery timelines and court schedules vary by county.
4. Alternative Dispute Resolution (1–3 Months)
Missouri courts often require mediation before trial. A neutral mediator guides settlement discussions. Successful mediation resolves the case sooner.
5. Trial, Judgment, and Appeal (12–24+ Months)
If mediation fails, the case proceeds to trial. Expect scheduling delays and pretrial motions. A judgment may lead to an appeal, which adds months or years.
Statute of Limitations
Missouri law generally requires a personal injury lawsuit to be filed within five years under Mo. Rev. Stat. § 516.140. Filing sooner helps preserve evidence and strengthens your position.
Helpful Hints
- Report the accident to your insurance company within days to protect coverage.
- Keep detailed records of all medical visits, bills, and correspondence.
- Document lost wages and out-of-pocket expenses to claim full compensation.
- Avoid early settlements before your injuries stabilize.
- Consult an attorney early, ideally within six months of the crash.