How Long can I Expect my MO Personal Injury Case to Take?

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A personal injury accident can raise many concerns for an individual: physical, emotional, and financial. One of the most common questions for concern we hear from clients is how long their personal injury case will take to resolve. Unfortunately, there’s no one-size-fits-all answer. The personal injury case timeline can range anywhere from a few months to several years, depending on the specific facts and circumstances.

Forms of Personal Injury Case Resolution

Personal injury claims can take many different paths. Your case may settle early, proceed through mediation, or move all the way to trial. The severity of your injuries also plays a significant role in shaping both the direction and the timeline of your case. In general, the more serious the injury, the more complex the case—and the longer it may take to resolve.

Missouri Statute of Limitations

Because legal cases can sometimes take a long time to resolve, every state imposes a statute of limitations that sets a deadline for filing a civil lawsuit. In Missouri, the general statute of limitations for personal injury claims is five years, though certain types of cases—such as medical malpractice or wrongful death—may have different timelines.

This five-year deadline means that you typically have five years from either (a) the date of the injury or (b) the date you should have reasonably discovered the injury to file a lawsuit against the negligent party.

This rule plays a critical role in shaping the timeline of any personal injury case, especially depending on when the injured party first seeks legal counsel. For that reason, our team strongly encourages contacting an attorney as soon as possible after an accident to ensure your case is not jeopardized by time constraints.

While it’s nearly impossible to predict exactly how long a personal injury claim will take—since every case is unique—we’ve provided the following outline of the general stages and timeframes you can expect when working with Wallentine Injury Law. Our fostered client-centered approach means your needs will always come first. We will never move forward to the next step in the process without first communicating with you and making sure you’re comfortable.

If you’ve been injured due to someone else’s negligence, contact our team today. Wallentine Injury Law is here to guide you with care, clarity, and commitment through every step of your personal injury case.

Missouri Personal Injury Case Timeline

wallentine law injury case timeline

Initial Consultation

Sadly, personal injury accidents happen every day. Once your immediate safety is secured and any urgent medical needs are addressed, the next step should be to contact a Missouri personal injury attorney. At Wallentine Injury Law, we recommend reaching out to our team as soon as possible to ensure your legal rights are protected from the outset and the statute of limitations does not become an obstacle. We offer a free consultation to help you begin the personal injury process without delay.

Address Medical Needs

After your initial consultation—typically within the first few weeks following an accident—addressing your ongoing medical needs becomes a key part of the process. In more serious cases, this medical care often begins at the scene of the accident and may continue for weeks or even months. Even with less severe injuries, treatments like physical therapy and pain management can be necessary for an extended period after the incident.

At Wallentine Injury Law, we view medical recovery as an ongoing and essential part of your case. We never rush our clients through the healing process. Instead, we encourage you to take the time you need to get the right care and feel like yourself again. Additionally, we collaborate closely with some of the top medical providers in Missouri to ensure you receive high-quality treatment after your injury.

Investigation

The investigation stage can last anywhere from a few weeks to several months, depending on the complexity and severity of your accident. As the name suggests, this is when your attorney begins thoroughly investigating the details of your case.

During this phase, we’ll collect all available information related to the accident. This may include medical records, police reports, photographs of the scene or injuries, witness statements, and more. Our team will work closely with you to ensure that all necessary documentation is gathered and organized properly.

Your attorney will use this evidence to understand how the accident occurred, identify the mechanism of your injury, and begin evaluating the damages and costs associated with your recovery. At the same time, we’ll initiate communication with the at-fault party’s insurance company and their legal counsel, if applicable.

Demand Packet

Once the initial investigation is complete, our team will prepare and send a formal demand packet to the defendant’s insurance company. This packet includes detailed evidence of your injuries, medical expenses, other damages, and any additional relevant facts supporting your claim. In essence, the demand packet assigns a specific monetary value to your case, offering the insurer an opportunity to resolve the matter through settlement before moving toward litigation.

Settlement Negotiations

After the insurance company reviews the demand packet, your attorney will begin negotiating a potential settlement. These discussions may occur in person, over the phone, or virtually, depending on the circumstances.

The timeline for settlement negotiations can vary widely. Some cases resolve quickly with minimal back-and-forth, while others—especially those involving complex or severe injuries—require extended negotiation. Generally, the more serious the injury and the higher the damages, the longer the negotiation process may take.

It’s important to remember that insurance companies are not on the injured party’s side. Their goal is to minimize payouts, and they will often push back on substantial claims. That’s why having an experienced personal injury attorney negotiating on your behalf is essential.

wallentine law injury case timeline

File a Lawsuit

Most personal injury cases are resolved before ever reaching the courtroom. In fact, The Law Dictionary states that approximately 95% of personal injury claims settle before trial. However, if a fair settlement cannot be reached, Wallentine Injury Law has the litigation experience and courtroom confidence to take your case to trial and fight for the compensation you deserve.

To formally begin a lawsuit, your attorney will file a legal document—called a “petition” or “complaint”—with the court. This document outlines the facts of the case (similar to what’s included in the demand packet) and explains why the defendant should be held legally responsible under Missouri law.

From there, the defendant is officially served and typically has 30 days to respond. After that, the court will set a litigation schedule, and the discovery phase will begin.

Discovery – Pre-Trial

The pre-trial discovery phase allows both parties to gather and exchange important information, evidence, and facts relevant to the case. This process ensures that both sides are fully informed and helps minimize surprises at trial.

Discovery generally takes three primary forms:

  • Written discovery– interrogatories and requests for admission
  • Document production– exchanging records, reports, and other materials
  • Depositions– formal interviews conducted under oath

Because it involves a thorough exchange and review of information, discovery can be time-intensive, often lasting several months to a year. At Wallentine Injury Law, our team diligently investigates every detail during this phase to build the strongest possible case and pursue the best outcome at trial or in settlement discussions.

Settlement Conference

In some cases, the judge may order a pre-trial settlement conference or mediation, requiring both parties to meet and attempt to resolve the case outside of the courtroom. To learn more about these options, visit our Missouri Settlement and Mediation pages for detailed information on how these processes work and how they can benefit your case.

Trial

Few personal injury cases proceed all the way to trial, and when they do, it typically reflects the significance or severity of the matter. A trial provides you with the opportunity to personally share your story, seek justice, and gain a sense of closure—while pursuing the compensation you deserve.

During trial, a judge, jury, or both will hear the facts and review the evidence presented by each side before reaching a final decision.
For more information on the Missouri trial process, attorney Jerry Wallentine offers a comprehensive outline and unique insights here.

Post-Trial

After a final verdict is reached in court, it may seem like the case is fully resolved; however, that’s a common misconception. Either party still has the right to file an appeal, which could move the case to a higher court for further review.

If the verdict is in your favor, you will receive your awarded compensation after all applicable liens and attorney fees are deducted. At Wallentine Injury Law, we operate on a contingency fee basis, meaning you don’t pay unless we win. This reflects both our confidence and our commitment to securing justice for our clients.

Your case is officially considered resolved once the award is received. Depending on the complexity of the matter, a personal injury lawsuit can take anywhere from several months to several years to fully conclude.

Begin Your Personal Injury Journey with Wallentine Injury Law Today

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If you’ve been injured due to someone else’s negligence, don’t wait to begin your personal injury claim. While the process can seem complex and time-consuming, having the right legal team by your side can make it as smooth and stress-free as possible.

At Wallentine Injury Law, we have the experience and skill necessary to handle the legal work, so you can simply focus on your recovery. Call us at 816-934-6333 or contact us online today for a free consultation. No risk. No obligation. We’re here to help you.

 

References
https://revisor.mo.gov/main/Home.aspx
https://www.courts.mo.gov/
https://thelawdictionary.org/article/what-percentage-of-lawsuits-settle-before-trial-what-are-some-statistics-on-personal-injury-settlements/