Part 2 in our series about the stages of a civil lawsuit. Call us if you have other questions.

At The S.E. Farris Law Firm in St. Louis, MO, we know that no two personal injury cases are alike. Whether you’ve been injured in a car accident, truck crash, slip and fall, or another type of negligence, most people hope their case can be resolved quickly through negotiations with the insurance company. Unfortunately, that doesn’t always happen.

When an insurance company refuses to be fair, your attorney must move your case forward through the lawsuit process. This may sound intimidating, but with an experienced St. Louis personal injury lawyer guiding you, you’ll understand every step and know that your case is being handled with the attention and skill it deserves.

Here’s what you can expect if negotiations fail and your case advances to litigation.

Filing a Lawsuit in Missouri

The legal process officially begins with the filing of a petition. This petition lays out the facts of the case: who you are, who caused your injury, and how the incident happened. Once the petition is filed, it must be served (delivered) to the person responsible for your injuries.

It often surprises clients to learn that in Missouri, the insurance company is not directly named in the lawsuit—even though they are ultimately the ones controlling the defense. Instead, the lawsuit is filed against the at-fault individual or entity.

Once served, the defendant has 30 days to respond with what is called an answer. This is the formal response where the defendant, through their attorney, sets out reasons why they claim they are not responsible for your damages.

The Discovery Process

After the petition and answer are filed, the lawsuit moves into a stage called discovery. This is where both sides gather evidence and information to support their case. Discovery has two main parts:

  1. Written Discovery – Each side sends written questions, called interrogatories, which must be answered under oath. These questions help clarify facts, timelines, and details about your injuries.
  2. Requests for Production – Both sides request documents, photographs, videos, medical records, and other evidence. In some cases, property inspections may also take place, such as examining a damaged vehicle or defective product.

Discovery is critical because it allows both your lawyer and the insurance company to see the strengths and weaknesses of the case before moving forward.

Depositions

Once written discovery is completed, the next phase usually involves depositions. A deposition is a sworn, out-of-court testimony where attorneys ask witnesses questions about what happened. You, the defendant, and other witnesses may all give depositions.

Depositions are essential because they lock witnesses into their statements. They also give both sides a preview of how the case may look if it goes to trial. An experienced trial lawyer in St. Louis knows how to use depositions to build leverage for settlement or prepare for court.

Why Lawsuits Take Time

Clients are often surprised by how long the process takes. After filing, it takes at least 30 days for the defendant to answer. Each round of discovery adds another 30 days or more. Coordinating depositions with multiple attorneys, clients, and witnesses can delay the process further.

Realistically, it can take six months to a year—sometimes longer—just to complete the discovery and deposition phases. While this may feel frustrating, it’s a necessary part of building a strong case and ensuring all evidence is properly prepared.

Trial

Once discovery and depositions are complete, the case moves toward trial. Don’t panic, though—about 90–95% of personal injury cases settle before trial, often at the last minute when insurance companies realize they are likely to lose in court.

If your case does go to trial, the court will set a trial date, but these dates are often delayed or continued, since multiple cases may be scheduled for the same day. The oldest case typically gets priority, which means newer cases must wait.

During trial, both sides present evidence and witnesses, and a jury decides whether the defendant is responsible and what damages you should receive.

Appeals

Even after trial, the case may not be completely finished. Sometimes, one side may appeal the verdict, arguing that a mistake was made in the application of the law. Appeals can extend the process by months or even years, but a skilled St. Louis injury lawyer will guide you through every stage.

Why Choosing the Right Personal Injury Lawyer Matters

From filing the petition to handling discovery, depositions, and trial preparation, the process of litigation requires skill, persistence, and deep legal knowledge. That’s why choosing the right law firm is so important.

At The S.E. Farris Law Firm, we are dedicated to representing injury victims across St. Louis and throughout Missouri. Attorney Spencer Farris has decades of experience handling complex personal injury cases, including car accidents, truck accidents, medical malpractice, wrongful death, and workplace injuries. Our firm fights tirelessly to ensure that victims and their families receive the compensation they deserve for medical bills, lost wages, and pain and suffering.

Contact The S.E. Farris Law Firm Today

If you’ve been injured and negotiations with the insurance company have failed, don’t lose hope. The legal process may be long, but with the right attorney, you can navigate it with confidence.

📞 Contact The S.E. Farris Law Firm todayfor a free consultation with an experienced St. Louis personal injury attorney. There is no cost or obligation, and we only get paid if we recover compensation for you.

We are committed to fighting for justice, protecting your rights, and guiding you every step of the way.