How a personal injury case actually moves.
Most personal injury clients have never been through this before. Here's the timeline, step by step, with realistic windows and the decisions that actually change the trajectory.
A personal injury case isn't a single event. It's a sequence of stages, each with its own purpose, evidence, and decision points. The fastest way to lose a case is to skip stages because you assume the next one will fix it.
What follows is the realistic walkthrough we use with new clients. Some stages move faster than others depending on the facts. We tell you which window yours is in during the consultation.
The stages
From first call to final outcome.
- 01
First call and intake
Day 1
You call. We talk through what happened, what's been done so far, and whether there's a viable case. If there is, you sign an engagement agreement and we go to work the same day or the next.
What we're doing
Confirm jurisdiction (Missouri or Illinois), open the file, and send a letter of representation to every insurance company involved so the harassment calls stop.
What you're doing
Tell the story honestly. Provide what you have: police report, names of insurers, photos, medical paperwork.
Decision points
- · Whether to give a statement to the at-fault insurer (almost always: no)
- · Whether to accept any quick early offers (almost always: no)
- 02
Investigation and evidence preservation
Days 1-30
Within the first month, the case is built. Police reports, witness statements, traffic camera footage if any, vehicle inspection if needed, photographs of injuries and the scene. The 30-day mark is hard for evidence; after that, things start disappearing.
What we're doing
Send preservation letters (especially on commercial vehicles for ELD data), pull video footage before it's overwritten, locate witnesses, and order the certified police report.
What you're doing
Get medical care and follow through. Save every receipt, every parking validation, every prescription bottle. Don't post about the case on social media.
Decision points
- · Whether the case needs a reconstructionist (severe-injury or contested-liability cases)
- · Whether the vehicle needs to be preserved before repair or scrap
- 03
Treatment to maximum medical improvement
1-12 months (longer for serious injuries)
We don't settle the case while you're still being treated. The actual value of the case isn't known until you've reached MMI ('maximum medical improvement'). The point where the doctor can say what your long-term function looks like. Settling early leaves money on the table.
What we're doing
Coordinate with treating providers, request records monthly, and document the trajectory of recovery for the demand package.
What you're doing
Show up for appointments. Don't no-show. Follow physical therapy plans. Get the imaging the doctor recommends.
Decision points
- · Whether ongoing treatment requires a specialist consult or a second opinion
- · Whether the injury creates permanent restrictions that change the case value
- 04
Demand package
Within 30-60 days of MMI
Once you've reached MMI, we assemble the demand. That's all medical records, billing summaries, lost-wage documentation, expert opinions if any, and a substantive letter laying out liability and damages. The number we demand is anchored to the full case value.
What we're doing
Compile the package, calculate damages with future-care projections, and send the demand to every applicable insurer.
What you're doing
Review the demand before it goes out. Approve the number. Confirm any wage or future-treatment information.
Decision points
- · Demand strategy: aggressive opening number vs. anchored realistic number
- · Whether to demand mediation in the demand letter or wait
- 05
Negotiation
30 days to 6 months
Most cases settle here. The insurer responds with a number, we counter, they counter, and the case moves toward a settlement. We keep you informed at every offer and counter. Decisions about settlement are yours, not ours.
What we're doing
Run the negotiation, push back on lowballs, and deliver every offer to you with our honest read on it.
What you're doing
Make the call on whether to accept any given offer. We give you the analysis; you give us the decision.
Decision points
- · Whether to settle or file suit
- · Whether to accept a structured settlement vs. lump sum
- 06
Suit, if negotiation fails
12-24 months from filing
If the insurer won't pay fair value, we file suit. That triggers discovery (depositions, document exchange, expert disclosures), pretrial motions, and a trial date. Most filed cases still settle before trial. But the credible threat of a courtroom is what moves real money.
What we're doing
File the complaint, conduct discovery, take and defend depositions, prepare expert witnesses, and prep the case for trial.
What you're doing
Sit for a deposition (we prepare you carefully), stay engaged, and continue treatment if applicable.
Decision points
- · Mediation: whether to attend court-ordered or voluntary mediation
- · Settlement vs. trial as the trial date approaches
- 07
Trial or settlement
End of stage 6
Most cases settle at or near the trial date. The ones that don't go to a jury. Either way, the resolution is the end of the active case. After settlement or verdict, the proceeds get distributed: attorney fees, case costs, medical liens (if any), and the rest to you.
What we're doing
Try the case if it goes to verdict. Negotiate liens, prepare distribution paperwork, and finalize the file.
What you're doing
Show up for trial if it goes that far. Decide whether to accept any verdict-eve settlement offers.
How long the whole thing takes
Realistic timelines.
Every case is its own thing, but most fall into one of these brackets. We tell you which one yours looks like during the consultation.
Soft tissue, clear liability
6-9 months
Standard rear-end car accident with treatment that resolves cleanly. Settlement typically before suit is filed.
Surgery or contested liability
12-18 months
Cases with significant injury, ongoing treatment, or where the at-fault driver disputes responsibility. Filing suit may be necessary.
Catastrophic injury or trial
18-36 months
Cases involving permanent disability, wrongful death, or substantial damages disputes. Often go through filed litigation and sometimes trial.
FAQ
Common questions about the process.
Can I get money during the case?
Do I have to go to court?
What if my case takes years and the at-fault driver dies or loses their insurance?
Can I switch lawyers if I'm not happy?
Your free case review
starts with one call.
Tell us what happened. We'll tell you whether you have a case, what it's worth, and what happens next. No pressure, no obligation, no sales pitch.
Available 24/7 for emergencies · Licensed in Missouri and Illinois