If you have been injured in an accident in Missouri, you may be worried about the possibility of ending up in court. The process may seem intimidating, but knowing what to expect can help calm your nerves and put you at ease. Working with an experienced personal injury lawyer in St. Louis can make a significant difference, guiding you through every phase of the legal process and helping you feel more confident in your case.
Remember, very few accident cases end up going to trial because most of them settle out of court. If you do need to proceed with a lawsuit, here are the steps in a civil trial.
File a Complaint
One of the first steps in a civil trial is known as pleading, which begins with the injured party, or the plaintiff, filing their complaint (or petition, depending on the jurisdiction) with the court. This officially starts the civil lawsuit process. This process is the same whether the lawsuit involves a car accident, motorcycle accident, construction accident, or some other type of civil action.
The complaint will contain several details about the lawsuit, including the following:
- Names of the parties
- Facts surrounding the accident
- Alleged injuries that were sustained
- Amount of compensation being requested
Once the complaint has been filed, the defendant’s official copy will be served. This may be done in person or via certified mail.
Defendant Files Answer
Once the defendant has been served with the complaint, they are allowed to respond to the allegations. In Missouri courts, the defendant has 30 days to file an answer once they have been served. In the answer, the defendant may refute the allegations in the complaint and state their version of the facts.
Failure to file an answer within the required timeframe could cause you to automatically lose the case. The court may issue a default judgment and grant the plaintiff exactly what they asked for.
Discovery
Once the pleadings are complete, the case will typically enter what is known as the discovery phase. This is where both sides gather as much evidence as possible to prove their case. Some common methods by which discovery occurs are:
- Depositions
- Requests for production
- Requests for admission
- Interrogatories
Discovery can be completed in as little as a few weeks in simple cases, but it can take months in more complex cases.
Settlement Negotiations
Once discovery is complete, both sides have a good idea of their case’s strengths and weaknesses. This is when settlement negotiations typically kick into high gear. These negotiations may involve informal offers and counteroffers back and forth. In some cases, the court may order mediation between the parties in an attempt to settle the case.
Most personal injury cases are settled before going to trial. Some data shows that less than 5% of all these cases make it all the way to a trial. However, if the insurance company is unwilling to make a fair offer, you should not be fearful of going to trial and fighting for the compensation you deserve.
Go To Trial
If the parties are unable to come to an agreement, then the case will head for trial. Most of the time, the trial occurs in front of a jury. In some rare cases, the parties may elect to waive a jury trial and simply try their case in front of a judge. The parties will each go through opening statements, presentation of their evidence, and closing arguments.
Court Issues Judgment
After the trial is complete, the judge or jury will make a decision on the outcome of the case. The court will issue an official judgment that outlines the decision. Both parties are bound by this decision, although there may be an opportunity for appeal.
Appeals Process
After the trial is complete and judgment has been entered, the plaintiff or defendant may appeal the case if they are unsatisfied with the outcome. However, keep in mind that legal appeals are not typically granted simply because one party was not happy with the outcome. For the appeals court to hear the case, there must have been some legal error made during the trial process.
Do I Need a Lawyer to File a Lawsuit?
Technically, you can file a lawsuit on your own without the help of a lawyer. However, this is usually not a good idea. Without proper knowledge of the law and the rules of the court, you could make a mistake that causes your case to be thrown out. You should always seek the help of an experienced lawyer if you need to file a lawsuit for damages after an accident.
Contact our St. Louis Personal Injury Lawyers from Eason Car Accident and Personal Injury Lawyers for Help Today
For more information, please contact Eason Car Accident and Personal Injury Lawyers to schedule a free consultation with a personal injury lawyer in St.Louis, MO, today. We have two convenient locations in Missouri, including St. Louis and Richmond Heights.
We proudly serve St. Louis County and its surrounding areas.
Eason Car Accident and Personal Injury Lawyers – St. Louis Office
10 S Broadway #560
St. Louis, MO 63102
(314) 932 – 1066
Eason Car Accident and Personal Injury Lawyers – Richmond Heights Office
1034 S Brentwood Blvd Penthouse 1-C
Richmond Heights, MO 63117
(314) 932 – 1066