Understanding Personal Injury Settlements in Missouri
A Practical Alternative to Trial
At Wallentine Injury Law, we understand that every personal injury case is unique—and so is the best path forward. While we are fully prepared to take your case to trial in Missouri, settlement is often a powerful alternative that offers control, speed, and certainty. Choosing the right approach can have a major impact on your recovery, and we’re here to help you make that decision with clarity and confidence.
What is a Settlement?
A settlement is a voluntary agreement between the plaintiff and defendant to resolve the case without going to trial. Rather than placing your fate in the hands of a judge or jury, settlement empowers you to directly influence the outcome—including the amount of compensation you receive.
Attorney Jerry Wallentine recently appeared on Fox 4’s Great Day KC to explain the anatomy of a personal injury settlement and how it can serve as a strategic alternative to litigation.
Watch the video below to learn more:
Missouri Law and Settlements
If you’re considering settlement in Missouri, it’s important to understand the legal framework. Missouri law recognizes and enforces settlement agreements when they are clear, voluntary, and supported by adequate consideration. Common legal principles and procedural rules govern enforcement, confidentiality, and post-settlement filings.
Some key references under Missouri law include:
- § 435.405 RSMo. – Settlement agreements involving arbitration
- § 537.065 RSMo. – Settlement agreements with limitations on enforceability
- Rule 55 & Rule 74 (Missouri Rules of Civil Procedure) – Entry of judgment and dismissal based on settlement
Trial vs. Settlement: What’s Right for You?
Deciding between trial and settlement depends on the details of your case, your goals, and your comfort with risk, time, and cost. Below, we outline the pros and cons of both options to help you make an informed choice.
Benefits of Going to Trial
- Public Accountability: If the defendant is found negligent, it becomes a matter of public record—holding them accountable in an official capacity.
- Emotional Closure: Standing in court and having your story acknowledged can be a powerful part of the healing process.
- Potentially Higher Awards: A jury may award greater compensation, including for non-economic damages like pain and suffering.
Drawbacks of Trial
- Longer Timelines: Trials can take 12 to 18 months or longer, depending on complexity and court scheduling.
- Higher Costs: Expert witness fees, court costs, and additional legal work can make trials more expensive.
- Greater Uncertainty: Judges and juries are unpredictable—there’s always a risk you may not win or receive less than expected.
Advantages of Settlement
- Certainty & Control: You’ll know the exact amount you’ll receive and have direct input throughout the process.
- Faster Resolution: Most settlement cases resolve within a few months rather than a year or more.
- Reduced Costs: Settlements involve less time, fewer expenses, and no need for extended court proceedings.
- Privacy & Less Stress: Settlements are confidential, and you avoid the emotional toll of a courtroom battle.
Potential Disadvantages of Settlement
- No Admission of Fault: The defendant does not have to admit negligence, which may be emotionally difficult for some plaintiffs.
- Lower Compensation: While not always the case, juries sometimes award more than what is offered in settlement.
Choosing between settlement and trial isn’t always easy—but you don’t have to decide alone. At Wallentine Injury Law, we’ll walk you through every option and give you experienced, honest advice tailored to your unique case. It’s important to remember that beginning litigation doesn’t lock you into a trial. Many cases settle after a lawsuit is filed, once negotiations progress and evidence develops.
Let Wallentine Injury Law Guide You Forward
Personal injury litigation can be overwhelming—but it doesn’t have to be. Our team is deeply experienced in Missouri settlements and trials alike. We are committed to helping you make the right choice and recover the compensation you deserve after a traumatic injury. We genuinely care about your needs and will help you understand all of your legal options. Contact us today for a free, no-risk consultation.
