When you’ve been injured due to someone else’s negligence—whether in a car accident, a slip and fall, or another incident—you’ll likely face two primary paths toward financial recovery: accept a settlement or file a personal injury lawsuit. Both paths aim to compensate you for losses like medical bills, lost wages, and pain and suffering—but they work very differently. This guide breaks down how settlements and lawsuits compare in Missouri, what to expect from each route, and how to choose the option that best protects your interests.
The Big Picture: Settlement vs. Lawsuit
Settlement is a negotiated agreement—usually with an insurance company—where you accept a specific amount of money in exchange for releasing your claims. Most personal injury cases resolve this way. It’s typically faster, more private, and less stressful than going to court.
Filing a lawsuit begins the formal court process. You (the plaintiff) file a complaint, the defendant answers, and the case moves into discovery, motions, and potentially trial. Lawsuits can increase pressure on insurers, unlock the subpoena power to gather evidence, and in some cases yield higher compensation—though they take longer and carry risk.
Timelines and Deadlines in Missouri
Every claim is bounded by the statute of limitations. In Missouri, the statute of limitations for most personal injury cases is five years from the date of injury (Mo. Rev. Stat. § 516.120), meaning you must file your lawsuit within that time.
The Lawsuit Process in Springfield, MO
- Filing the Complaint – Your attorney drafts a legal complaint and files it with the Greene County Circuit Court.
- Service of Process – The defendant is formally served with the lawsuit.
- Discovery Phase – Both sides exchange evidence, take depositions, and file motions.
- Settlement Talks Continue – Many cases still settle before trial during this stage.
- Trial – A judge or jury hears the evidence and makes a decision.
- Appeals – Either side can appeal the verdict if they believe legal errors occurred.
How Fault Affects Your Options
In Missouri, personal injury claims follow a pure comparative fault rule (Mo. Rev. Stat. § 537.765). This means your compensation is reduced by your percentage of fault for the accident—even if you are more than 50% responsible. For example, if you’re awarded $100,000 but found 30% at fault, you’d receive $70,000. This rule applies whether you settle or go to trial.
When Settlement Makes the Most Sense
Settlement can be the better path when:
- Liability is clear and well-documented (e.g., rear-end collision with police report and eyewitnesses).
- Injuries and damages are fully known, and you have completed treatment or reached maximum medical improvement (MMI).
- You need faster resolution to cover bills, move on, and avoid litigation stress.
- Confidentiality matters. Settlements can include non-disclosure provisions; trials are public.
- Risk tolerance is low. Trials are uncertain. A bird in the hand can be the right call.
Settlement Pitfalls to Avoid
- Settling too early. If you settle before you understand the long-term impact—future surgeries, therapy, or work limitations—you can’t come back for more.
- Ignoring liens and subrogation. Health insurers, Medicare/Medicaid, or medical providers may have repayment rights. Good negotiations account for these so your net recovery is protected.
- Undervaluing non-economic harm. Pain, limitations, and loss of normal life are real damages under Missouri law; make sure they’re not treated as an afterthought.
When Filing a Lawsuit Can Help
A lawsuit doesn’t mean you’re “going to trial.” Many cases settle after suit is filed—often for more—because litigation:
- Potential for Higher Awards – Juries may award more than an insurer offers.
- Accountability – A verdict can hold the defendant publicly responsible.
- Access to Evidence – Discovery allows you to obtain documents and testimony you might not get otherwise.
Cons of Filing a Lawsuit
- Longer Timeline – Lawsuits can take one to three years or more.
- Uncertainty – Juries are unpredictable, and you could lose entirely.
- Higher Costs – More attorney hours and court expenses.
What Your Case Might Be Worth
Every case is unique, but common building blocks include:
- Economic damages: medical bills (past and future), therapy, medications, medical devices, lost wages, diminished earning capacity, mileage, and household help necessitated by injury.
- Non-economic damages: pain, emotional distress, loss of normal life, disfigurement, and loss of consortium in some cases.
- Punitive damages: rare and reserved for egregious misconduct; generally not available against government entities.
At Bishop & Hayes P.C., we understand that choosing between settling your case and filing a lawsuit can feel overwhelming—especially while you’re focused on healing. Our team is here to guide you through every step, explaining your options clearly, outlining the potential risks and benefits, and helping you make an informed decision that protects your best interests. We’ll gather the evidence, handle the negotiations, and, if necessary, take your case to court to fight for the full compensation you deserve. With us in your corner, you can feel confident knowing we’re committed to pursuing the outcome that’s right for you and your future.
Contact us today at (417) 304-3228 to schedule a free consultation.