Let’s set the scene: you’ve been injured, you and I just had a great consult, and you’ve decided to hire Schmittgens Injury Law Firm to represent you on your claim for damages. How long does all this take? The answer is classically lawyerly — it depends. There are so many factors involved in an injury case that it’s hard to estimate, and even if there were a good way to estimate, there are often unforeseeable delays along the way.
I’ve tried to break the process down into broad phases, but I should note upfront: each phase could easily be its own 10,000-word post. At some point, I probably will write those. For a general overview of how these phases typically unfold, you can also check out our case timeline — but for now, here’s the plain-English primer.
The Investigation Phase
To put it bluntly, just because you’ve hired our office doesn’t mean you already have a case. From the start, I’m taking you at your word, and the purpose of a consult is to answer one simple question: is there a case here?
The first thing my office does after we open a new case (after putting it into our system) is send notice to all potentially liable parties and request the relevant reports. Often, our clients don’t have this information themselves, so it falls on our firm to obtain it.
That means requesting reports from organizations like the police department, animal control, or an ambulance service. We also try to track down any available video, which can include footage from local businesses, traffic cameras, or — now, in 2026 — Ring cameras.
This can also include sending out “spoliation letters,” which are legal notices requiring an organization to preserve evidence, even if they aren’t otherwise inclined to share it voluntarily. To put it succinctly: if a person or organization destroys evidence after receiving a spoliation letter, there are potential consequences that can be used against them at trial.
We’ll also alert the relevant insurance company (or companies) of our involvement in the case. This often involves waiting on hold to get basic claim information — claim number, point of contact, and their initial position on liability (fault).
We also try to determine how much insurance coverage is available. Insurance policies are never unlimited — there’s always a “limit,” meaning the maximum amount a policy will pay. Sometimes multiple policies apply to a single case, which means the potential for a better recovery.
There are often witnesses who, if not contacted quickly, may “disappear” — and I don’t mean they die, I just mean they move, change their number, or forget what they saw. So when it’s relevant, many law firms, ours included, will hire an investigator to get a recorded statement from those witnesses before that happens.
Here’s some general information if you’d like to read more about evidence, especially evidence you, as a potential plaintiff, can help obtain or preserve: hurtinstl.com/personal-injury-resources/evidence
Medical Treatment
While my office is investigating a claim, our client should be getting treatment for their injuries. I’ve told clients, rather bluntly, “I can’t want this case more than you want this case.” The single best way a client can do their part is to get comprehensive, consistent medical treatment.
The best thing a client can do is get to treatment quickly and report every injury that may be related to the crash. This creates an “objective” chronology of injuries and gives medical providers the chance to diagnose and treat them in accordance with the relevant medical guidelines.
Some clients don’t have health insurance, and there are options for them. Colloquially, we call these “lien providers” — meaning the doctor or doctor’s office asserts a legal right to be paid out of the proceeds of any recovery, while holding off on payment until the case resolves. Our office can almost always connect you with an excellent provider in your area.
Another wrinkle in the medical treatment phase is handling liens and outstanding bills. Often, my clients have already been to a doctor (or several) before hiring me. Depending on your jurisdiction and the type of health insurance you have, your health insurer may or may not have a right to some of the recovery — but it’s better to be safe than sorry, so we always ask for a copy of your health insurance card to investigate.
While pain and suffering is a much more fluid concept than medical treatment, it’s helpful to understand how it can and will impact your case. Here’s some more reading on that topic: hurtinstl.com/personal-injury-resources/pain-and-suffering
The Demand Letter
The overwhelming majority of cases resolve without litigation, but insurance companies rarely offer money without receiving a comprehensive “demand” letter from the attorney. There are different types of demands for different types of cases, but in general, a demand summarizes the case and includes medical records, bills, lost wage information, and a description of the pain and suffering the client experienced.
At my office, we send a demand via certified mail — so we can prove the insurance company received it — and often via fax or email, if that’s an option. Once received, the insurance company typically sends an “acknowledgment” along with an estimated turnaround time.
Typically, an insurance company takes somewhere between six and ten weeks to respond, depending on the amount of money demanded, the statutory requirements of the state, and the type of demand sent.
At its core, a demand is an offer to settle the case in exchange for a specific dollar amount. My demands typically include language like: “In exchange for $XXXXX, my client will unconditionally release [Negligent Party] from any and all liability relating to this incident.”
Here’s a little more reading on this process: hurtinstl.com/personal-injury-resources/case-timeline
Negotiation
Just because there’s a big policy, or we demanded a big number, doesn’t mean the insurance company will simply agree and send a check. That’s an option — but it’s not their only one.
I tell my clients the insurance company generally has three options after receiving a demand:
Accept the demand. If the insurance company wants to accept, there’s still some additional paperwork to work through before a check is sent.
Reject the demand. This doesn’t happen often, but the insurance company can reject the demand outright, usually providing some rationale for the rejection.
Negotiate. Often, an insurance company will look to negotiate. I demand X, they offer Y, and if they want to negotiate, there’s often real value in doing so — assuming the client is on board with that plan.
Negotiation often proves fruitful, and the matter resolves (more on that below). I don’t want to give away all my secrets, but rest assured — if my office is representing you, we’ll discuss negotiation strategy in depth at this phase of the case.
Here’s some more information on insurance companies, if you want to read about their games: hurtinstl.com/personal-injury-resources/insurance-companies
“Going to Court”
Filing a lawsuit isn’t as simple as walking down to the courthouse and putting on your evidence. Civil litigation often takes months or even years, depending on a multitude of factors: the court’s schedule, the number of parties involved, opposing counsel’s schedules, and more.
When a case “goes to litigation,” it means a formal lawsuit has been filed with the appropriate court, and the court issues a summons that must be served on the defendant(s). A sheriff or private process server delivers actual notice of the lawsuit to the defendant(s), who then have 30 days to respond.
From there, the parties conduct discovery — both written discovery and depositions (sworn questioning in front of a court reporter) — and designate expert witnesses, who are also deposed.
Once these tasks are complete, the case is “ready” for trial, which the court will schedule. Trial itself can take hours, days, or weeks, depending on the amount of evidence involved and the complexity of the issues in the case.
At any point during litigation, the parties can engage in settlement negotiations, and many courts now require parties to mediate as part of the scheduling order. My educated guess is that more than 97% of all cases resolve without ever actually going to trial.
Trial
If your case is one of that small percentage that makes it all the way to trial, those days look a lot different than what you see on TV or in the movies.
Voir Dire. This is often called “jury selection” (more accurately, “jury de-selection”), where the attorneys question a pool of potential jurors to see which ones are fair and unbiased, and which ones may have already made up their minds about the case.
Each side gets strikes — “for cause” strikes (where a juror has admitted a bias they can’t set aside) and peremptory strikes (where a lawyer can excuse a juror for almost any reason, except race or gender). This process varies by jurisdiction, and sometimes even by the assigned judge, and can take anywhere from a couple of hours to several days depending on the case. In my view, this is the most important part of the trial — a bad jury can torpedo your case, and a good jury can make your career (see generally: Johnny Cochran).
Opening Statements. Before any evidence is presented, each attorney gives an opening statement laying out their roadmap of the case: what happened, what the evidence will show, and what they’re asking the jury to do. This isn’t argument yet — it’s a preview. The plaintiff goes first, since they carry the burden of proof.
Evidence. After opening statements, the bulk of the trial is spent presenting evidence. Each side gets a chance to present its “case in chief.” The plaintiff goes first and can call witnesses in whatever order they choose. Witnesses can include the plaintiff, the plaintiff’s family and friends, treating doctors, and sometimes expert witnesses like accident reconstructionists or economists.
Each witness’s examination is divided into two parts: direct and cross-examination. The direct examination is conducted by the lawyer who called the witness, and the cross-examination is conducted by the opposing attorney. Regardless of who’s asking the questions, it’s during examination that physical evidence gets introduced — photos, medical records, police reports, and so on. After the plaintiff calls their witness(es), the defense gets to do the same.
The presentation of evidence can take anywhere from a day or two to several weeks, depending on how complex the case is and how many witnesses are involved.
Jury Instructions. Juries are made up of everyday people from the community — rarely lawyers or judges — so the presiding judge provides them “instructions” before they deliberate. But the instructions are proposed by each side and ruled on before closing arguments, at an instruction conference that typically takes place after the evidence is presented (usually during lunch or after the jury’s been sent home for the day).
Once the judge — and usually the parties — agree on the instructions, the judge instructs the jury on the specific legal rules they have to apply during deliberations. In my cases, this often includes things like what negligence means, how to calculate damages, or how comparative fault works. It’s boring, but it’s very important — a lot of appeals are based on incorrect jury instructions. (We can talk about appeals practice sometime in the future — I’m no expert, but I’m 1-0 in front of the court of appeals.)
Closing Argument. It’s exactly what it sounds like: the final word. Each side argues why their client should win. Every lawyer has their own style and strategy, but generally, jurors will see the evidence tied together, the strengths and weaknesses of the case addressed, and an explanation of why it all supports the desired verdict. I bring a large copy of the verdict form and actually show the jury how to fill it out in my client’s favor.
In Missouri, the plaintiff’s attorney goes first and can reserve time for rebuttal. The defense attorney goes second, and the plaintiff’s attorney gets the last word before the jury retires to deliberate.
Jury Deliberation. This happens outside the view of the court — judge, bailiff, lawyers, and gallery included. Deliberation can take minutes or it can take days. My last jury was out about 45 minutes before reaching a verdict.
While deliberating, juries can ask questions, ask to review evidence again, or get stuck and have to work through disagreement. There’s no way to predict it, and that unpredictability is exactly why so many cases settle before ever reaching this point.
Once a verdict is reached, it’s read by the court, and that’s the ballgame — at least for that stage (more on appeals another time). Trial is intense, unpredictable, and stressful for everyone involved, especially the client. That stress is exactly why it’s a lawyer’s job — my responsibility — to be prepared for every stage of trial, not just showing up and hoping for the best.
Settlement
Once a settlement (or verdict) is reached, there are still steps to take. First, getting the money: insurance companies draft a physical paper check and send it to the attorney’s office. The attorney then deposits the money into a trust account — a special account for protecting clients’ money.
The attorney (at least at my office) will confirm outstanding balances, negotiate them down where possible, and resolve any liens before distributing funds. Once there’s a final breakdown of the recovery, a distribution statement is prepared and provided to the client for review and signature.
Then the client can come pick up their check and use it however they choose. I’m not a financial planner, so I don’t offer advice on how to save the money — but I can absolutely give you some ideas on how to spend it.
Here are some of our recent case results: hurtinstl.com/case-results
And here’s what folks are saying about the firm: hurtinstl.com/testimonials
Closing Thoughts
Buckle up — quality work takes time, a focused goal, and teamwork. At my firm, I want to work as efficiently as possible while also doing everything I can to maximize your outcome.
Timelines vary from case to case, and “no news” usually just means the process is moving along normally — not that something’s wrong.
If you’re new here and want to know more about me: hurtinstl.com/attorney/rob-schmittgens
If you want to get in touch and talk through what happened to you: hurtinstl.com/contact
(Standard disclaimer: this post is general commentary based on my own experience and isn’t legal advice. Every case is different, and how yours plays out will depend on its own facts. For actual injury questions: hurtinstl.com.)
Cheers,
