Pursuing a car accident lawsuit can feel intimidating. The growing stack of medical bills, time off from work, and long recovery times are enough stress to deal with, but adding a complicated legal process to the mix can make the experience almost too overwhelming. However, you don’t deserve to foot the bill alone, and filing suit is your best path toward holding the at-fault party responsible.
At Holland Injury Law, LLC, we’ve learned that helping our clients understand the legal process can reduce stress and make seeking the compensation they deserve less intimidating. That’s why we created this guide to how a car accident lawsuit works in Missouri.
Step 1: Initial Consultation and Case Evaluation
The process begins when you contact our Missouri personal injury attorneys. We’ll sit down with you for a free consultation where we will:
- Get to know you
- Listen to your account of the accident
- Review your evidence (police reports, photos, medical records)
- Explain your legal rights and options
If your attorney believes you have a strong claim, they’ll enter into a representation agreement and begin building a compelling case.
Step 2: Investigation and Evidence Gathering
Your lawyer will conduct an in-depth investigation into the accident, determine how it happened and who might be responsible, and then seek evidence to support that claim and show the full extent and impact of your injuries. That evidence will likely include:
- Police reports
- Accident scene photos and videos
- Witness statements
- Medical and financial records
- Surveillance or dashcam footage
We may work with accident reconstruction specialists to piece together the events before, during, and after the accident and gain a broader understanding of what caused it. These specialists can provide crucial expert testimony when presenting your case.
Step 3: Filing a Claim
Once we’ve built a strong case for maximum compensation, we’ll file a claim with the at-fault party’s insurance company. This includes a demand letter summarizing the facts of the accident, the injuries you suffered, and the compensation you’re seeking. It also provides documentation to support your claim. We handle all insurance company communications so you don’t have to.
Step 4: Settlement Negotiations
In many cases, the insurance company will negotiate a settlement before the case goes to court. Your attorney will negotiate with the insurance adjuster on your behalf. If they offer a fair settlement, the case ends here, and you receive your compensation without going to court.
Step 5: Filing a Lawsuit (If Necessary)
If the insurance company refuses to offer a fair settlement, your attorney will file a petition with the appropriate Missouri court detailing the facts of the accident, the legal basis for your claim, and the compensation you’re seeking. The defendant will then be formally served and must respond.
Your personal injury lawsuit must be filed within five years of the accident. It’s critical to contact a lawyer as soon as possible to avoid waiving your right to seek compensation through the court system by missing that deadline.
Step 6: Discovery, Mediation, and Pre-Trial Negotiations
Before the case goes to trial, both sides exchange information regarding your claim in a process known as “discovery.” This can include in-person sworn testimony, written questions answered under oath, and requests for documents like financial documents and medical records.
There’s still a chance that the case can be settled before trial. Missouri judges often encourage mediation, where a neutral party will work to help both sides reach an agreement.
Step 7: Trial
If no settlement is reached, the case goes to trial. Your attorney will present evidence, cross-examine witnesses, and argue your case before a judge or jury. The court will then decide whether the at-fault party is liable and, if so, determine the amount of compensation.
Contact a Missouri Car Accident Lawyer Today
If you’ve suffered injuries in a car accident caused by someone else’s negligence, you don’t have to face the fallout alone. The team at Holland Injury Law, LLC has recovered over $300 Million for our 7,000+ clients. We will fight to hold the negligent party responsible and recover the compensation you deserve. Contact us today for your free consultation.