Most people have never been through an injury claim before, so it’s completely normal to have questions about what actually happens between the accident and the settlement or trial. While every case is a little different, most Missouri car accident claims follow the same general path. Here’s an overview of each stage so you know what to expect.
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Step 1: The Crash Is Reported and Documented
The process starts at the scene of the accident. Police respond, document what happened, and create a report that becomes an important early piece of evidence in your claim. You’ll also want to notify your own insurance company about the crash, since most policies require prompt notice regardless of who was at fault.
Step 2: Medical Treatment
Before anyone starts negotiating, you need to get treated (antibiotics, casts, physical therapy, surgery, etc…). This obviously matters for your health, but it matters for your claim as well. Your medical records are the foundation of your case, and if there are gaps or delays in your treatment, the insurance company will point to them later as evidence that you weren’t really hurt. Following your doctor’s instructions and completing your treatment plan is part of protecting the claim.
Step 3: Investigating and Building the Claim
This stage involves gathering the police report, photos, witness information, medical records, and proof of any income you’ve lost, along with identifying every insurance policy that might be involved. If fault is disputed, this is also when evidence like camera footage and vehicle data needs to be preserved, because a lot of it doesn’t stay available for long.
Step 4: The Demand and Negotiation
Once the full picture of your damages is known, a demand is sent to the insurance company. It lays out the evidence of fault, your injuries (TBIs, broken bones, etc…), your bills, your lost income, and the compensation you’re seeking. The insurer typically responds with a lower number, and negotiation goes from there. Most Missouri car accident claims settle at this stage.
Step 5: Filing a Lawsuit if Necessary
If negotiations don’t lead to a fair offer, the next step is filing a lawsuit. Missouri generally gives you five years from the date of the crash to file a personal injury lawsuit, which is longer than most states allow, although wrongful death claims have a shorter deadline.
Filing suit doesn’t necessarily mean your case will end up in front of a jury. The majority of cases still settle after filing, often during discovery or mediation. If no settlement is reached, the case goes to trial and a jury decides fault and damages.
How Long Does the Process Take?
A straightforward claim where fault is clear might resolve in a few months, while a claim involving serious injuries, ongoing treatment, or disputed fault could take more than a year, and litigation adds time beyond that. It’s understandable that you want your case to be over with and to receive the compensation you need to pay for your injuries, but it’s important to make sure you fully understand what your losses are and fight for what you’re owed.
If you’ve been hurt in a Missouri crash and want to understand what your claim should look like, our St. Louis injury attorneys are happy to walk you through it.
Call today at (314) 300-6260 to schedule a free consultation.