Complete Checklist for Filing a Personal Injury Lawsuit in Kansas and Missouri

If you’ve suffered physical, mental, or emotional harm due to someone else’s negligence, you could be eligible for personal injury compensation.

But filing a personal injury claim is a complex legal procedure with very strict requirements. And if you don’t take the right steps within their legal deadlines, your claim could be delayed for weeks or months – or even dismissed altogether.

The best way to make your claim quickly and with confidence is to work with an experienced law firm that specializes in personal injury law. With their knowledge and legal representation, you can correctly file a claim and defend your right to substantial compensation.

To help you follow the steps for a personal injury lawsuit, we’ve produced this straightforward checklist that simplifies the process for residents of Kansas and Missouri. Keep reading to find out what to expect, what to do next, and how you can build the strongest case possible.

Steps for filing a personal injury lawsuit

Step 1: Schedule an initial consultation with a personal injury attorney

Most personal injury lawyers offer a free initial consultation with no obligation to move forward if you don’t want to. You can schedule a free consultation with Phalen Law by filling out our Free Case Evaluation form online, or calling us toll free.

When you attend your consultation, we’ll ask you to bring as much evidence as possible to support your claim. That way, we can establish whether you have grounds for a personal injury case, your likelihood of success, and how much you could stand to win based on state law and legal precedent.

This evidence could include things like:

• Evidence of the incident, such as dash cam footage for an automobile collision or photographs of the scene, property damage, and your injuries
• Copies of police reports, incident reports, and witness statements
• Medical records detailing the diagnosis, prognosis, and extent of your injuries, as well as bills from any treatments you’ve received related to the incident
• Information from insurance companies about coverage of your medical bills
• Records of work missed due to your injuries, as well as any lost income
• A list of important dates, such as those of your injury and any medical treatments
• If you’ve experienced emotional distress, documentation with the details of your therapist or psychiatrist, copies of bills, and dates of treatment
• Copies of any correspondence with your insurance company or that of the other party involved in your incident
• Copies of claims filed in connection with your incident, such as a no-fault application
• Journal entries describing the emotional and psychological impact of your incident, as well as the pain you’re suffering from your injuries

The more evidence you can provide, the better. But don’t worry if you can’t bring everything – just bring as much as you can. 

Step 2: File a complaint to start the lawsuit

At Phalen Law, we do our best to avoid going to court. That way, we can help you get the compensation you deserve as quickly and peacefully as possible.

Depending on the documentation you bring to your initial consultation, we can help you gather more evidence to build a strong case for compensation. We’ll reach out to the at-fault party’s insurance company and try to reach a fair out-of-court settlement that properly compensates you for your injuries, suffering, and losses.

If you present a well-evidenced case with the support of an experienced personal injury lawyer, the insurance company might simply agree to pay the requested amount. This catapults you right to the end of your personal injury claims process, where you can receive your payout.

However, if a fair personal injury settlement can’t be reached, we’ll file a complaint on your behalf to initiate a lawsuit.

A complaint is a document submitted to the federal court explaining what happened to you and why you’re suing. It includes information such as:

• Plaintiff information: Your name, address, and contact details
• Defendant information: The name, address, and details of the personal or company you’re suing
• Jurisdiction and court information: The name of the court where the complaint is filed, and an explanation of why the court has jurisdiction over the case
• Statements of facts: A detailed account of the incident, including:
  • Date, time, and location
  • How your injury or suffering occurred
  • Any relevant background information
• Cause of action: The specific legal grounds for the lawsuit, such as negligence, premises liability, or medical malpractice
• Injuries and damages: A description of your injuries and losses
• Compensation sought: The amount and type of damages you’re seeking, including economic, non-economic, and sometimes punitive damages
• Attorney information: Your lawyer’s name, address, and contact details
• Signature and verification: You and your attorney must sign the complaint (some jurisdictions also require the document to be notarized or verified)

Step 3: Wait for the defendant to file an answer

After serving a complaint, you must wait for the defendant to answer.

In Kansas, a defendant typically has 21 days to file an answer, or 30 days if they were served outside the state.

In Missouri, a defendant typically has 30 days to respond in both cases.

If the defendant fails to answer within the deadline, you might be able to seek a default judgement. This is when a judge determines compensation without input from the defendant.

In most cases, however, the defendant will respond. This response can be:

• An answer: They can admit liability and agree to pay an amount determined by the court, or deny liability by providing evidence in support of their denial
• A motion to dismiss: The defendant argues that the case should be dismissed due to legal deficiencies, and the court decides what happens next
• A counterclaim: The defendant could file a claim against the plaintiff, alleging that the plaintiff was actually at fault

If the defendant denies the claim or offers a counterclaim, we’ll review their decision alongside any evidence they provide. We’ll then make an assessment on whether you still have grounds to defend your original claim.

Step 4: Proceed to the discovery phase

If your original claim is still valid, we’ll enter the discovery phase.

Here, both parties exchange evidence through:

• Interrogatories: Written questions that require written answers
• Depositions: Sworn out-of-court testimonies from witnesses
• Requests for documents: These could include medical records, accident reports, emails, etc.
• Requests for admissions: One party asks the other to admit or deny specific facts

Depending on the information revealed in the defendant’s response to your complaint, we might also gather additional evidence to support your case.

Step 5: Explore settlement negotiations

Even if negotiations were unsuccessful earlier in your claim, we always explore settlement negotiation options following the discovery phase. After all, new details may have come to light that can help us reach an agreement without going to court.

Settlement negotiations can occur through:

• Direct negotiations: Your lawyer negotiates directly with the defendant’s insurance company. They send a demand letter outlining injuries, damages, and compensation requested. The insurance company could respond with a counteroffer, leading to back-and-forth negotiations.
• Mediation: A neutral third-party mediator helps both sides reach a mutually agreeable settlement. While they don’t have the power to make binding decisions, the mediator facilitates discussions and suggests compromises. This is a voluntary, confidential, and often cost-effective way to settle disputes without court involvement.
• Arbitration: A more formal alternative to mediation in which a neutral arbitrator or panel reviews evidence and issues a binding or non-binding decision. Binding arbitration means both parties must accept the decision, while non-binding arbitration allows for further legal action. This can be faster and less expensive than going to trial.
• Settlement conferences: Attorneys for both sides present their case before a judge or neutral party to facilitate a settlement. These conferences are typically court ordered or encouraged by a judge to push for a resolution before trial, especially in cases when negotiations have stalled.

While waiting for a settlement, managing daily expenses can be challenging. To learn more about financial options during this period, read our blog on How to Pay Bills While Waiting on a Settlement.

Step 6: Prepare for trial if necessary

If it’s still not possible to reach a fair settlement through negotiations, it may be necessary to take your case to trial. This is when a judge listens to evidence from both parties to determine liability and compensation.

To prepare, we’ll review your case and all the evidence gathered to make sure our legal claims and defenses are clear and accurate. We’ll also develop a trial strategy, including a compelling opening statement and testimonies from witnesses and experts, such as medical professionals or accident reconstruction experts.

On top of that, your lawyer will prepare a defense strategy anticipating the arguments of the defendant’s insurer, such as claims of comparative negligence or pre-existing conditions. This will allow them to respond quickly to any attempts to deny your claim for compensation, and provide further evidence in your favor.

Based on the strength of evidence and arguments provided, the judge will reach a verdict.

Step 7: Finalize your personal injury settlement

After the judge has made a decision, it’s possible for the losing party to file a post-trial motion or start an appeals process. But in most cases, the judge’s decision is final and legally binding. This means any failure to comply with the verdict can result in a loss of winnings, as well as additional legal expenses and penalties.

You’ll receive any compensation you’re awarded as a lump sum payment or as a structured settlement in monthly installments, whichever is agreed. Payments are usually made within 30-60 days depending on the verdict.

Before you receive the final payout, several deductions might also be made. These can include legal fees, case costs, unpaid medical expenses, and taxes on punitive damages and lost wages.

Be aware that legal proceedings can be unpredictable. And even if you follow all the right steps for a personal injury lawsuit, there’s no guarantee you’ll win.

However, Phalen Law has more than 50 years’ experience in winning personal injury cases for people like you throughout Kansas and Missouri. So if we take your case, it’s because we’re sincerely confident that we can get you the compensation you deserve.

How long do I have to file a personal injury lawsuit?

In Missouri, the statute of limitations for filing a personal injury claim is five years from the date when you discovered your injury. 

In Kansas, the statute of limitations is just two years.

You must act quickly after discovering your injury and follow the correct steps for a personal injury lawsuit, or you could lose your eligibility for compensation. That means you’ll need to recover and support yourself without the financial benefits you’re entitled to.

There are exceptional circumstances in which you can make a claim even after the statute of limitations expires, such as in cases of medical malpractice or legal disability. So even if you think you’ve missed your deadline, it’s still worth your time to speak to a personal injury lawyer about making a claim.

While pursuing a personal injury claim, it’s crucial to remain cautious and avoid fraudulent schemes that could jeopardize your case. Learn more about how to protect yourself in our blog on Avoid Becoming a Victim of Personal Injury Insurance Fraud in Kansas and Missouri.

Save time and headaches – start your personal injury claim today with Phalen Law

Filing a personal injury claim is complex and demanding. You need to organize a substantial amount of evidence into a convincing case for compensation, and submit paperwork in a very specific manner. Failing to meet every requirement could result in losing your eligibility, which could leave you in a difficult financial position.

Thankfully, you can make your claim simpler, faster, and more convincing with legal representation from the trusted and experienced attorneys at Phalen Law.

Once we accept your case, we handle evidence gathering, negotiations, and legal strategies on your behalf. We’re intimately familiar with personal injury law in both Kansas and Missouri. So we know how much compensation you deserve – and when the defendant’s insurer is trying to take advantage of you. 

Call us now toll free or fill out our Free Case Evaluation form online to arrange your free no-obligation consultation and start your personal injury claims process today.