What Happens After You File a Personal Injury Lawsuit in Missouri?

Filing a personal injury lawsuit in Missouri is a significant step toward seeking compensation for damages you may have incurred due to someone else’s negligence. Understanding what happens next can help alleviate some of the anxiety that often accompanies the legal process. Below is a thorough breakdown of the steps that typically follow the initiation of a personal injury lawsuit in Missouri.

1. Serving the Defendant

Once you file your personal injury lawsuit, the first step is to serve the defendant with the legal documents. This is done through a process server or law enforcement official who delivers the complaint and summons. The defendant will receive notice of the lawsuit and have a specific timeframe to respond.

2. The Defendant's Response

The defendant is required to file a response, known as an answer, typically within 30 days of being served. In their answer, the defendant may admit or deny the allegations. If they deny the claims, they may present defenses that could negate liability.

3. Discovery Phase

After the defendant has responded, both parties enter the discovery phase. This is a critical period where both sides exchange information relevant to the case. Discovery can include written interrogatories, requests for documents, and depositions. The goal is to gather evidence and understand the other party's arguments, which can take several months.

4. Pre-Trial Motions

Following discovery, either party may file pre-trial motions. These can include motions to dismiss the case or motions for summary judgment, where one party seeks to resolve the case without a trial based on the evidence presented during discovery. The court will review these motions and make rulings that can significantly affect how the case proceeds.

5. Settlement Negotiations

In many personal injury cases, parties engage in settlement negotiations at various stages, including during and after discovery. Many lawsuits are settled before they reach a trial, as this can save time and legal expenses. Your attorney will likely negotiate on your behalf to secure a fair settlement that compensates you for your injuries.

6. Trial Preparation

If a settlement is not reached, the case will proceed to trial. Preparation for trial includes finalizing your arguments and evidence, selecting witnesses, and preparing for jury selection. Both sides will develop their strategies and gather all necessary documentation to present their case effectively.

7. The Trial

The trial itself can last anywhere from a few days to several weeks, depending on the complexity of the case. During the trial, both sides will present their evidence and arguments to a judge or jury, who will ultimately decide the outcome. This includes witness testimonies, expert opinions, and any physical evidence presented.

8. Verdict and Judgment

After both sides have presented their cases, the judge or jury will render a verdict. If the verdict is in your favor, the court will issue a judgment ordering the defendant to pay damages. If the judgment is not satisfactory to either party, they may have the right to appeal the decision, which could prolong the resolution process.

9. Collection of Damages

If you win your case, collecting the awarded damages is the final step. If the defendant does not voluntarily pay the judgment, you may need to take additional legal actions to enforce the judgment, such as wage garnishment or property liens.

Conclusion

Understanding the process that occurs after filing a personal injury lawsuit in Missouri can help you navigate the complexities of the legal system. From serving the defendant to potential trial and judgment collection, each step is crucial in securing the compensation you deserve. Engaging a knowledgeable personal injury attorney can be instrumental in guiding you through these steps and advocating on your behalf.