You were injured in a car accident.

The medical bills are piling up. You’ve missed work. The insurance company isn’t offering enough to cover what you’ve lost.

Someone suggests calling a lawyer.

And suddenly you picture yourself sitting in a courtroom while attorneys argue, witnesses testify, and twelve strangers decide what happens next.

That possibility alone keeps some people from pursuing a personal injury claim.

But hiring a lawyer or making an injury claim after a Missouri car accident does not automatically mean you’ll have to go to court.

Most personal injury claims are resolved through negotiations or settlement without a trial.

Others require filing a lawsuit before the parties are able to reach a fair resolution.

And some cases ultimately do need to be tried.

Understanding the process can make the prospect of pursuing an injury claim far less intimidating.

Does a Car Accident Claim Start in Court?

Usually, no.

A personal injury claim begins outside the courtroom.

After an accident, the process may involve:

• Investigating how the collision occurred
• Identifying available insurance coverage
• Gathering medical records and bills
• Documenting lost income
• Evaluating injuries and future medical needs
• Communicating with insurance companies
• Negotiating a potential settlement

If liability is reasonably clear, your medical condition is understood, and the insurance company is willing to offer appropriate compensation, the claim may be resolved without filing a lawsuit.  Usually a lawyer can help prove your damages to them before filing suit.

What Is the Difference Between an Insurance Claim and a Lawsuit?

People sometimes use the terms interchangeably, but they’re not the same thing.

An insurance claim involves seeking compensation from an insurance company based on the accident and applicable coverage.

A lawsuit is a formal legal action filed in court which begins the litigation process.

You can have an attorney represent you in an insurance claim without immediately filing a lawsuit.

In many cases, an attorney will investigate the accident, gather evidence, evaluate damages, and at least attempt to negotiate with the insurer first.

A lawsuit may become necessary if the claim cannot be resolved fairly through that process.  Or if the insurance company is still trying to lowball you.

Why Would You Need to File a Lawsuit?

There are many reasons settlement negotiations may not resolve a car accident claim.

For example, the insurance company may:

• Dispute who caused the accident
• Blame you for part or all of the collision
• Question whether the accident caused your injuries
• Dispute the severity of your injuries
• Challenge the necessity of medical treatment
• Refuse to recognize future medical needs
• Disagree about lost income
• Offer significantly less than the claim may reasonably be worth

Sometimes filing a lawsuit is necessary to move the case forward.

That doesn’t necessarily mean the case will go all the way to trial.  Well over 90% of personal injury claims settle before trial.

What Happens After a Car Accident Lawsuit Is Filed?

Once a lawsuit is filed, the case enters the formal litigation process.

Although every case is different, several stages are common.

Filing the Lawsuit

The injured person, called the plaintiff, files a lawsuit against the person or parties alleged to be legally responsible for the injuries.

The defendant then has an opportunity to respond.

Discovery

Discovery is the process through which each side obtains information relevant to the case.

This may involve:

• Written questions
• Requests for documents
• Medical records
• Employment and wage records
• Photographs and videos
• Witness information
• Expert opinions
• Depositions

Discovery allows both sides to better understand the evidence before the case is resolved or tried.

What Is a Deposition?

The word deposition tends to sound considerably more terrifying than the actual concept.

A deposition is sworn testimony given outside the courtroom.

Attorneys ask questions, and a court reporter creates a record of the testimony.

If you’re the injured person, you may be asked about:

• How the accident happened
• Your injuries
• Your medical treatment
• Previous injuries or medical conditions
• How the accident affected your work
• How your injuries affected your daily life

Your attorney will help you understand what to expect and prepare you before the deposition.

The goal isn’t to memorize answers.

It’s to listen carefully, answer truthfully, and avoid guessing about things you don’t remember.

Can a Case Settle After a Lawsuit Is Filed?

Absolutely.

Filing a lawsuit doesn’t eliminate the possibility of settlement.

In fact, settlement discussions can continue throughout litigation.

As additional evidence becomes available, both sides may gain a clearer understanding of the strengths, weaknesses, and potential value of the case.

That can create new opportunities to reach an agreement.  Getting a final trial date is also a long process, so the parties often try to keep negotiations open during that time.

A case may settle:

• Before a lawsuit is filed
• Shortly after filing
• During discovery
• After depositions
• During mediation
• While preparing for trial
• Even shortly before trial begins

Every case follows its own path.

What Is Mediation?

Mediation is another way parties may attempt to resolve a personal injury case without trial.

During mediation, a neutral third party, called a Mediator, helps the parties explore whether they can reach a voluntary settlement.

The Mediator doesn’t decide who wins.

Instead, the Mediator helps facilitate negotiations between the parties.

If an agreement is reached, the case may be resolved without trial.

If no agreement is reached, litigation can continue.

Who Decides Whether to Accept a Settlement?

You do.

Your attorney can evaluate an offer, explain the advantages and disadvantages, and advise you based on experience and the facts of your case.

But the decision to accept or reject a settlement belongs to the client.

That decision should be informed by factors such as:

• Medical expenses
• Future treatment needs
• Lost wages
• Reduced earning capacity
• Permanent injuries
• Pain and limitations
• Available insurance coverage
• Disputed liability
• Risks associated with continued litigation

A settlement provides certainty.

Continuing toward trial may offer the possibility of a different result, but litigation also carries uncertainty.  And appeals can delay cases even longer.

An experienced attorney should help you understand those considerations rather than pressure you toward a particular decision.

What Happens If Your Case Goes to Trial?

If a settlement can’t be reached, the case may proceed to trial.

At trial, each side has the opportunity to present evidence.

Depending on the case, that may include:

• Testimony from the drivers
• Witness testimony
• Medical evidence
• Expert testimony
• Photographs and video
• Evidence of lost wages
• Evidence about how the injury has affected the plaintiff’s life

Attorneys for both sides may make opening statements, question witnesses, present evidence, and make closing arguments.

A judge or jury then determines the outcome according to the applicable law and evidence.

Will You Have to Testify?

If your personal injury case goes to trial, you may need to testify.

That prospect understandably makes many people nervous.

But your job isn’t to perform.

You don’t need a perfect memory or a dramatic story.

You need to tell the truth about:

• What happened
• What you experienced
• Your medical treatment
• Your recovery
• How the injury affected your life

Your attorney should prepare you for the process and explain what to expect before you ever enter the courtroom.

What If the Other Driver Blames You?

A disagreement about fault is one reason a case may be more difficult to settle.

Missouri follows a comparative fault system, meaning responsibility for an accident may be divided among the people involved.

If the insurance company argues that you caused some or all of the collision, evidence about how the accident happened becomes especially important.

That may include:

• Police reports
• Photographs
• Witness statements
• Dashcam or surveillance video
• Vehicle damage
• Electronic evidence
• Expert analysis

Related: What If the Other Driver Blames You for a Missouri Car Accident?

How Long Does a Car Accident Lawsuit Take?

There’s no universal timeline.

Some cases resolve relatively quickly.

Others may take considerably longer, particularly when:

• Injuries are severe
• Medical treatment is ongoing
• Liability is disputed
• Multiple parties are involved
• Expert testimony is required
• Insurance coverage issues exist
• Litigation becomes necessary

Rushing a case isn’t always in the injured person’s best interest.

For example, settling before the full extent of an injury or future medical needs are understood can create problems later.

The goal should be to resolve the case appropriately based on the circumstances, not simply as quickly as possible.

Why Does Trial Preparation Matter If Most Cases Settle?

This is an important question.

If a case is likely to settle, why hire attorneys who are prepared to take it to court?

Because meaningful negotiation requires understanding what happens if negotiation fails.

An attorney evaluating a settlement offer should be able to assess the evidence, anticipate the arguments the other side may make, understand the risks of litigation, and prepare the case for trial if necessary.

Being prepared doesn’t mean every case should become a courtroom battle.

Quite the opposite.

Strong preparation can help attorneys make informed decisions about when settlement makes sense and when continuing to litigate may be appropriate.

Should Fear of Court Stop You From Talking to a Lawyer?

No.

Talking to an attorney doesn’t commit you to filing a lawsuit.

Filing a lawsuit doesn’t necessarily mean your case will go to trial.

And if litigation does become necessary, you won’t simply be dropped into a courtroom without preparation.

A good attorney should explain each stage of the process, answer your questions, prepare you for what comes next, and help you make informed decisions along the way.

Frequently Asked Questions

Do most car accident claims go to trial?

Many personal injury claims are resolved without trial through insurance negotiations or settlement. Whether a particular case requires litigation or trial depends on the facts, the evidence, and the parties’ ability to reach an agreement.

If I hire a car accident lawyer, will they immediately sue the other driver?

Not necessarily. An attorney may first investigate the accident, gather medical and financial documentation, identify insurance coverage, and attempt to resolve the claim through negotiation. A lawsuit may be filed when necessary.

Can my case settle after a lawsuit has already been filed?

Yes. Settlement negotiations can continue after litigation begins, including during discovery, mediation, and trial preparation.

Will I have to speak in court?

If your case proceeds to trial, you may be asked to testify. Your attorney should prepare you for the questions you may encounter and explain what to expect.

Who decides whether my case settles or goes forward?

Your attorney can advise you about settlement offers and litigation strategy, but the decision to accept or reject a settlement ultimately belongs to you.

The Hines & Wilson Law Firm Is Here to Help

Pursuing compensation after a serious car accident shouldn’t feel like stepping blindly into a legal system you don’t understand.

At The Hines & Wilson Law Firm, we believe injured people should understand what is happening with their case, why it is happening, and what choices they have along the way.

Our attorneys represent people injured in Missouri car accidents through insurance negotiations, litigation, settlement discussions, and trial when necessary.

If you’ve been injured in a Missouri car accident and have questions about what happens next, contact The Hines & Wilson Law Firm to discuss your situation and learn more about your options.