Overview of the Missouri Personal Injury Litigation Process

Hi, Tyson Mutrux here again with the Mutrux Law Firm and today I want to talk a little bit about the litigation process. I want to give a very brief overview, of the 10,000 foot level of what the litigation process looks like.

So, basically once we determine that we can’t settle the case, or they’ve just rejected the case outright, we have to file a lawsuit. Within 30 days they have to file an answer. So those are the initial pleadings. Once we go through the initial pleadings, we’ll do what is called, written discovery. I call them requests for information. It’s a very simple way of doing it. But, requests for interrogatories, requests for admissions and requests for production. The admissions, we are asking them to admit to certain things. Interrogatories are open-ended questions that we’re asking them about with regards to very specific things. And the requests for production are basically requests for documents, photos, videos, anything that they may have in their possession.

Once we’ve gone through that we’ll do depositions. Which are basically examinations under oath. We’ll set up a court reporter. I’ll be there, the other attorney will be there and then the deponent, the witness. Sometimes it will be you. Sometimes it will be the defendant. Sometimes it will be a witness, a doctor, an expert. We’ll go through and actually get their testimony under oath so that we know what they’re going to say at the trial. Once we’ve done all that, we may go through another round of written discovery, which is rare. But, we’ll get all our subpoenas in order, get ready for trial and once were about 90 days out, that’s when things really start to ramp up. In our office we’re ready to go 90 days out so that if there are any changes that need to be made, we’ll be ready to make those changes.

Then, obviously there will be a trial. Most auto accident cases are less than 3 days. For more serious cases you’re probably looking at a 5 day trial. Medical malpractice, product liability, you’re probably looking at a 2-3 week trial.

So, that is a very very brief overview of the litigation process. If you have any questions about that, give me a call at (888) 550-4026. Or check us out at www.mutruxlaw.com. Thanks a lot and have a great day!