How Does a Lawsuit Work? 

Your personal injury attorney pushes for a fair settlement that covers your injuries and losses. However, a common concern often arises when the offered settlements fall short of expectations. It’s no secret that insurance companies are driven by their bottom line and may attempt to provide settlements that are far from fair. Adjusters will find ways to reduce settlement amounts.

However, when negotiations reach an impasse, the next logical step is filing a lawsuit in civil court. Your attorney will assess the situation and guide you through the process of filing a lawsuit.

Here’s an overview of how the process unfolds:

Consultation with an Attorney

First, you need to seek a consultation with a St. Louis, MO, personal injury lawyer for the assessment of the merits of your case. An attorney will review the case details, determine if a lawsuit is warranted, and guide you through the appropriate steps.

In a personal injury case in Missouri, you must prove that negligence occurred and that:

• The defendant had a duty to you
• Through negligence, they failed to live up to their obligation
• Due to their negligence, they directly caused harm to you
• As a result, you suffered losses that require compensation

Filing a Complaint

If a lawsuit is deemed necessary, your attorney will file a complaint outlining the facts, legal arguments, and the relief sought. This initiates the legal proceedings.

At this stage, the defendant will also file an answer to the pleadings, such as a Motion to Strike or Demurrer. This response helps streamline the legal process by addressing issues with the pleadings early on in the case.

Discovery

The next stage involves both parties exchanging information and evidence relevant to the case. Such information may include:

• Request for some documents
• Interrogatories
• A defense medical examination
• Deposition
• A request for admission

Discovery typically takes around 30 days before the start of the trial, though with challenging cases, it may take way longer. At this phase, the parties to the case attain a comprehensive understanding of the issues at hand.

Negotiations and Pre-settlement Attempts

Even during a lawsuit, there are opportunities for settlement. Your attorney may engage in negotiations with the defendant to resolve before going to trial.

At this phase, the court may facilitate and oversee a settlement conference. This aims to bring together both parties and their attorneys to discuss potential resolutions and negotiate a settlement agreement. 

Trial

If a settlement is unattainable, the case proceeds to trial. Your lawyer will present the legal arguments and evidence before the court. The parties to the case are allowed to provide Opening and Closing Statements.  After the arguments, the judge will deliberate and announce the verdict inside the courtroom.

The verdict may involve the determination of liability and assessment of damages based on the presented legal arguments and evidence.

Judgment and Appeal

Following the trial, a judgment is issued. The dissatisfied party may file an appeal to a higher court. They will need to specify the legal error and the resultant outcome. The appellate court would review the record entirely or in part according to Missouri law.

However, the higher court will only change the previous jury’s decision if there was a significant mistake (reversible error) that would have led to a different outcome without the error. If you win the appeal, the court awards you damages that are believed to “make you whole.”