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If you’ve been injured in a car accident and are considering filing a lawsuit, one of the first questions on your mind is probably: how long is this going to take? It’s a fair question, and unfortunately, there’s no one-size-fits-all answer.
Every car accident case is different, shaped by factors like the severity of your injuries, whether liability is disputed, and how willing the insurance company is to negotiate fairly. Some cases settle in as little as six months, while others, particularly those that go to trial, can take two years or longer to reach a resolution.
While the timeline can feel frustrating, especially when you’re trying to recover physically and financially, understanding what drives the length of a car accident lawsuit can help set realistic expectations and prepare you for what’s ahead. Below, we’ll break down the key stages of a Missouri car accident case and the factors that can speed up or slow down the process.
What Factors Affect the Length of a Car Accident Lawsuit?
While no two cases move at exactly the same pace, several key factors tend to have the biggest impact on how long your Missouri car accident lawsuit will take. Understanding these variables can help you gauge what to expect from your own case.
Liability
How clear-cut fault is plays a major role in determining your case’s timeline. When liability is obvious, such as in a rear-end collision where one driver is almost always at fault, the at-fault driver’s insurance company typically has little incentive to drag out negotiations, since the outcome is fairly predictable.
However, when liability is disputed and both parties disagree about who caused the accident, the process slows considerably. Disputed liability often requires additional investigation, expert testimony, and negotiation, and in some cases, the matter may need to go before a jury to determine who was actually responsible.
Injuries
The nature and severity of your injuries directly affects how long your case takes to resolve. If you sustained moderate injuries with a relatively short treatment and recovery period, your attorney may be able to move forward with a settlement demand sooner.
On the other hand, if your injuries are severe or involve a lengthy, ongoing recovery, it’s often in your best interest to wait until you reach maximum medical improvement before settling. Settling too early, before you know the full scope of your medical needs, can leave you without enough compensation to cover future treatment, which is why more serious injuries tend to extend a case’s timeline.
Uncooperative Insurance Companies
Insurance companies employ adjusters whose job is to protect the company’s bottom line. Some negotiate in good faith and work toward a fair resolution efficiently, while others use delay tactics, slow communication, or lowball offers to pressure injured victims into accepting less than they deserve.
When an adjuster drags their feet or refuses to negotiate reasonably, it can significantly extend the time it takes to reach a fair settlement. This is one of the many reasons having an experienced attorney in your corner matters. Insurance companies are far less likely to stall when they know you’re prepared to fight for what you’re owed.
Court Congestion
The county or court where your case is filed can also influence how quickly it moves through the legal system. Busier jurisdictions, such as St. Louis City, tend to have larger caseloads, which can mean longer waits for hearings, pretrial conferences, and trial dates.
In contrast, cases filed in less congested, rural counties may move through the court system more quickly simply because there are fewer cases competing for the court’s time and attention. While this factor is largely outside your attorney’s control, it’s an important consideration when setting expectations for your case timeline.
Phases of Car Accident Cases in Missouri
There are multiple phases and steps your car accident case will go through in Missouri. A case can settle at any point, so not every case will go through all of these exact phases, nor make it all the way to trial. In fact, roughly 95% of personal injury cases settle before going to trial, so it’s unlikely your case will reach that final stage before reaching a resolution.
Phase 1: Medical Treatment
The first step after any car accident is seeking medical treatment and focusing on your recovery. Beyond helping you feel better and heal properly, this step is essential to your case for another reason: your attorney can’t accurately determine the full value of your claim until they understand the complete picture of your injuries, including the treatment you’ve already received and any care you may need in the future. Rushing this phase, or stopping treatment too early, can end up undervaluing your claim.
Phase 2: Investigation and Evidence Collection
While you focus on recovering, your attorney gets to work behind the scenes gathering and organizing evidence to build a clear picture of what happened and what insurance coverage may be available to compensate you.
This typically includes obtaining the police report, identifying the applicable insurance policies, and collecting your medical records and billing statements as your treatment progresses and concludes. These records document not only how much your treatment cost, but also the type and extent of care you received, information insurance adjusters rely on heavily when evaluating how much to offer for your claim.
Phase 3: Demand and Negotiations
Once your medical treatment is complete and your attorney has a full understanding of your damages, they’ll send a demand letter to the at-fault driver’s insurance company. This letter outlines your injuries, medical expenses, lost income, and pain and suffering, along with the legal basis for holding the other driver responsible. It also includes a specific dollar amount your attorney believes fairly compensates you. From there, the insurance company can accept the demand, respond with a counteroffer, or deny the claim altogether, kicking off a round of negotiations.
Phase 4: Filing the Lawsuit
If the insurance company denies your claim outright or refuses to offer a fair settlement, the next step is filing a lawsuit. Your attorney will file a petition with the court, and the at-fault party then has 30 days to respond.
Filing suit does more than move your case forward. It also pauses the statute of limitations, the legal deadline for bringing your claim, and signals to the opposing side that you’re prepared to take the case all the way to a jury if necessary, which often encourages more serious settlement discussions.
Phase 5: Discovery
During discovery, both sides exchange evidence, documents, and information relevant to the case, and may also take sworn testimony through depositions. This is typically one of the longest phases of litigation, as its length depends on how many parties are involved and how complex the case is.
Even during discovery, negotiations often continue, and many cases settle at this stage as new evidence comes to light and both sides gain a clearer understanding of the strengths and weaknesses of their positions.
Phase 6: Trial Preparation
If discovery concludes without a settlement, both sides shift into trial preparation. This phase involves filing pretrial motions, drafting proposed jury instructions, and preparing witnesses to testify. It’s a detail-intensive stage where your attorney builds the strategy and evidence presentation that will be used if the case does end up in front of a jury.
Phase 7: Go to Trial
Trial is the final phase of the litigation process, reserved for the small percentage of cases that don’t settle beforehand. A jury will be selected to hear the evidence, determine whether the defendant is liable for the accident, and decide how much compensation you should receive if they find in your favor.
Committed to Your Case, However Long It Takes
While there’s no way to predict exactly how long your car accident lawsuit will take, understanding the factors and phases involved can help you feel more prepared and less overwhelmed as your case moves forward. Whether your claim settles in a matter of months or requires the full litigation process, the most important thing is securing the outcome you deserve.
At Cantor Injury Law, we know that waiting for justice isn’t easy, especially while you’re dealing with medical bills, lost income, and the physical toll of your injuries. That’s why our attorneys work diligently at every phase of your case, from investigation through trial if necessary, to move your claim forward as efficiently as possible without sacrificing the compensation you’re entitled to.
If you’ve been injured in a Missouri car accident, contact Cantor Injury Law today for a free consultation, and let us handle the legal process while you focus on healing.
