What to Expect During a Car Accident Lawsuit in Missouri

In the aftermath of a car accident in Missouri, it is common to feel uncertain about what comes next. You may face medical appointments, missed work, uncooperative insurance companies, and a whirlwind of questions about your rights and options. Navigating a Missouri car accident lawsuit can feel overwhelming, especially if you have never experienced the legal system before. Our team has spent decades guiding individuals through this process, always keeping your needs, concerns, and future at the center of our approach. Here’s what to expect at every step, using proven strategies and deep knowledge of Missouri’s laws to protect your interests and hold the responsible parties accountable.

Should You Settle with Insurance or File a Lawsuit After a Car Accident?

After the initial shock, insurance adjusters may reach out with settlement offers. Missouri operates as an at-fault state, meaning the party responsible for the accident, or their insurer, generally pays for damages. While a quick settlement may seem convenient, it often overlooks long-term medical needs or underestimates lost income and other hardships. Once you accept an insurance settlement, you typically forfeit your right to seek any future compensation for that same incident.

You may decide to file a lawsuit if negotiations with the insurer break down, the offer does not cover your losses, or the insurance company delays or denies your valid claim. Lawsuits also become necessary if the at-fault party’s insurer uses bad-faith tactics—such as making an unreasonably low offer or refusing to acknowledge liability. Pursuing legal action allows you to seek compensation through the courts and access powerful tools such as discovery, which can force the other side to hand over essential evidence.

Timing plays a crucial role. In Missouri, you generally have five years from the date of the accident to file a lawsuit for personal injury. Acting quickly, however, protects vital evidence, preserves witness recollections, and gives you an advantage in settlement negotiations. Consulting an attorney early helps you decide whether to pursue further negotiations, initiate a lawsuit, or explore other legal strategies.

How Long Does a Car Accident Lawsuit Take in Missouri?

The legal process in a Missouri car accident lawsuit involves several stages, each with its own expected time frame. The first phase is pre-suit investigation and evidence gathering. This may take several weeks to months, depending on the complexity of the accident, the severity of injuries, and the cooperation of the parties involved. Proper preparation at this stage makes every subsequent step more effective and helps avoid unnecessary delays down the road.

Once your attorney files the lawsuit, the court process officially begins. The defendant is served with notice, and both sides enter the discovery phase. During discovery, lawyers exchange documents, submit written questions (interrogatories), and arrange sworn depositions to clarify details and identify inconsistencies. Discovery can last for months, particularly in complicated cases involving multiple parties or disputes about fault. The court may set dates for mediation, settlement conferences, or other hearings, where attorneys can negotiate and try to resolve the dispute before trial.

On average, car accident lawsuits in Missouri resolve within 12 to 24 months after filing, but timing ranges widely based on court scheduling, willingness to negotiate, and other factors unique to your case. Five years is the statutory limit for bringing a personal injury lawsuit, but starting sooner almost always produces better results. Ongoing communication with your legal team ensures your case progresses and you stay informed of status and next steps.

Who Can Be Liable in a Car Accident Lawsuit?

Determining who should be held liable for your losses often requires looking beyond just the drivers involved in the collision. Missouri law allows lawsuits against any party whose negligence caused or contributed to the accident. This could include commercial vehicle owners, employers of drivers, companies that manufactured a defective auto part, or even a local municipality if negligent road maintenance played a role. Complex accidents sometimes reveal overlapping or shared liability.

When there are multiple potentially responsible parties, Missouri applies the doctrine of joint and several liability in certain circumstances. This means you may recover the full amount of certain damages from one liable party, even if others contributed. Sorting out these issues can require reviewing business records, vehicle maintenance logs, and accident reconstruction reports. A comprehensive investigation is essential to ensure that no responsible party is overlooked and to capture the maximum available compensation under insurance policies or employer liability coverage.

Pursuing claims against government agencies or large companies introduces extra procedural rules and unique deadlines. Missing these requirements can result in dismissal or loss of the right to recover. Working with a legal team familiar with complex Missouri accident cases ensures all potential angles are explored, and no opportunity for justice is missed.

What Evidence Strengthens a Car Accident Lawsuit in Missouri?

Substantial evidence is the foundation for any successful Missouri car accident lawsuit. Core documents include police reports, medical records detailing your injuries, and repair estimates for your vehicle. Photographs from the scene—reflecting vehicle positions, road signs, weather conditions, and injuries—provide irreplaceable proof in reconstructing what happened and establishing liability.

Independent witness statements are invaluable in offering third-party perspectives and corroborating your account of the incident. Technological evidence, such as dashcam footage or security video from nearby businesses, can clarify disputed moments or help determine the cause of an accident. In more challenging cases, accident reconstruction experts and medical professionals contribute reports or testimony to explain complicated issues surrounding causation and damages.

Maintaining organized documentation beyond the initial accident is also critical. Save all medical bills, receipts, and records of time missed from work. Keeping a daily log of pain levels, physical therapy, and other treatment experiences creates a clear, personal story of ongoing hardship, helping evidence mirror the full impact of the accident on your life.

Will You Have to Go to Court for Your Car Accident Lawsuit?

One of the most common concerns after filing a lawsuit is the possibility of going to court. In Missouri, most car accident lawsuits settle before reaching trial. Settlements can happen at many points, sometimes after just a few negotiation rounds, during mediation, or in the days leading up to a scheduled trial. Resolving your case this way usually provides faster access to funds and lets you avoid the stress and unpredictability of courtroom proceedings.

In some cases, however, it cannot be resolved through settlement alone. If the other party’s insurance denies responsibility, disputes key facts, or refuses to offer fair compensation, a trial is sometimes the only path forward. In a trial, you can expect to present evidence, call and cross-examine witnesses, and let a judge or jury determine the outcome. Knowing what to expect—how testimony works, what questions you might face, and who will be present in court—reduces anxiety and allows you to prepare mentally for each step.

We have guided many clients successfully through settlement and trial scenarios. Thorough preparation and a willingness to go to court communicate seriousness to insurers, often resulting in improved settlement offers. If a trial becomes necessary, you can count on us to walk you through each development and advocate for your best interests in Missouri’s courts.

What If You’re Hit by an Uninsured or Underinsured Driver in Missouri?

Recovering damages after a Missouri car accident becomes more complicated if the responsible driver carries little or no insurance. Fortunately, most auto insurance policies in Missouri include mandatory uninsured motorist (UM) coverage and optional underinsured motorist (UIM) coverage. UM coverage helps you collect compensation from your own insurer if the at-fault driver has no insurance, while UIM applies if their policy does not fully cover your losses.

Pursuing a UM or UIM claim is not always straightforward. Your insurer may dispute the value of your damages, question your medical treatment, or even challenge liability—despite being your own carrier. Legal help is valuable in these cases, providing leverage and support by compiling strong evidence, interpreting policy language, and negotiating aggressively on your behalf. Missouri requires insurers to provide at least $25,000 per person and $50,000 per accident in UM coverage, but many people opt to carry higher limits for better protection.

If you suspect the other driver is uninsured or their coverage falls short, notify your insurer promptly, gather comprehensive documentation of your injuries and expenses, and consider consulting a lawyer who understands both Missouri accident law and insurance claim strategies. Our experience focusing solely on individuals enables us to stand firmly with you throughout this often contentious process.

What Can You Expect When Working with a Car Accident Lawyer?

Partnering with a personal injury lawyer means embarking on a collaborative journey to pursue justice for your accident. Your attorney begins by listening to your story, reviewing accident reports and medical documentation, and exploring every detail that might strengthen your case. Initial consultations typically come at no cost, offering a safe space to share concerns and ask questions about timelines, legal strategy, and likely obstacles.

Expect frequent updates, clear explanations, and access to your attorney—not just support staff—throughout the entire process. We emphasize transparent communication, so you are aware of legal developments, deadlines, and your options as circumstances shift. Our philosophy centers on personalized advocacy: every client faces distinct hardships, so our team crafts legal strategies and case presentations tailored to your unique situation rather than following a generic approach.

Facing medical recovery, financial strain, and emotional stress can feel isolating. Our team’s commitment goes beyond legal paperwork, focusing on supporting you and your family so you feel empowered, informed, and in control. We take pride in being reliable partners through each phase of your Missouri car accident lawsuit.

What Happens After You Win or Settle Your Car Accident Case?

When your case resolves through settlement or a court verdict, you may find yourself facing new logistics. After an agreement, Missouri insurers or defendants usually send payment within weeks, but the timeline can stretch longer for complicated cases or appeals. Once you accept a settlement, you can no longer pursue additional claims related to that accident, so review the terms carefully to make sure they address both current and future needs.

Settlement proceeds often go first to pay off any medical liens, provider bills, or legal expenses. Understanding ahead of time how funds will be distributed and what deductions may apply prevents confusion or disappointment. While most personal injury compensation is not considered taxable income at the federal level, portions awarded for interest or punitive damages may be taxed. Consulting with a tax advisor helps ensure compliance and protects your financial recovery.

Occasionally, a losing party may appeal a court verdict, which can delay the final distribution of funds. Legal counsel remains involved post-settlement or verdict to help address administrative requirements, deal with medical or insurance liens, and answer questions about your long-term financial or legal plans. We continue to support our clients even after their Missouri car accident lawsuit concludes, ensuring a smooth transition from litigation to recovery.

What Mistakes Could Harm Your Car Accident Claim?

Certain missteps can put even strong car accident cases at risk. Missing important deadlines, especially Missouri’s five-year statute of limitations for personal injury claims, can result in automatic loss of your right to compensation. Delaying action also weakens your case, as evidence erodes and witnesses become harder to contact over time. Contacting a lawyer early protects your interests and opens the maximum range of options.

Communicating directly with insurance companies before seeking legal advice, giving recorded statements, or posting about the accident on social media can harm your claim. Insurers may use anything you say or share to reduce or deny your recovery. All claim-related communication should go through your attorney, and questions about what is safe to disclose should be addressed before taking action. Maintaining confidentiality protects your position and prevents the other side from gaining avoidable advantages.

Incomplete or inconsistent medical records also jeopardize your potential recovery. Attend all appointments, follow prescribed treatments, and document your progress. Failing to report symptoms, delaying care, or skipping therapy can suggest to insurers or defendants that your injuries are less severe than claimed. Reliable legal and medical documentation builds a credible, persuasive record for negotiations and, if needed, the court.

Contact Us Today

Choosing Sedey Harper Westhoff means selecting a firm dedicated solely to individuals facing personal injury and employment law challenges in Missouri. Our attorneys bring over 40 years of experience advocating in local and federal courts, handling car accident lawsuits ranging from straightforward to highly complex. We take an aggressive, tailored approach to each case, scrutinizing details, strategizing for negotiation or trial, and ensuring every client remains directly involved and fully informed.

Our process begins with a detailed evaluation of your unique circumstances. We communicate openly, discuss legal strategies, and provide plain-language updates so you can make confident decisions every step of the way. Unlike firms that split their loyalties between individuals and corporations, our sole focus remains on clients like you. This commitment drives our results and sets us apart—clients and their families always come first in our practice.

If you are weighing your options after a Missouri car accident or need advice on starting a lawsuit, we welcome your questions and concerns. Contact us for a free, no-obligation consultation by calling (314) 819-0963, and discover how an experienced, client-focused team can stand by your side throughout your recovery and the legal process ahead.

Contact us today to get started with our team.