Railroad Accident Litigation Process in Missouri

How do I file a lawsuit for my Missouri train injuries?

If you have been injured in a Missouri railroad or railway accident and you believe that another party was at fault, the first step to seeking financial recovery for your damages is to contact The Hershewe Law Firm, P.C.  We are an established Missouri railroad accident law practice.  Our attorneys have the skill, experience, and resources to help you in any case involving a serious injury or wrongful death, including injuries and deaths from railroad accidents.

Four steps to seeking damages for a Missouri railroad accident

Once you have hired us to represent you, here are the four steps involved to litigating your personal injury case under Missouri railroad accident laws.

Step one—File your lawsuit

Your lawsuit begins when your lawyer formally files a legal complaint on your behalf with the courts. The complaint is a written statement from you, describing the case fundamentals, such as—

• Who the plaintiff is in this case (this is you or, if this is a wrongful death case, your loved ones)
• Who the defendant is in the case—those that you name as the parties responsible for your personal damages
• What happened—a summary description of the accident and your resulting injuries

The defendant named in your lawsuit is one or perhaps several parties and may include—

• The person whose direct actions or omissions caused your injuries or losses
• The company or property owner of the train or railroad, or both
• Any liability insurance companies representing the named defendants

Step 2—Allow the defendant to respond

After we file your legal complaint, we enter the answer phase.  This is when the defendants receive a copy of the documents, notify their lawyers, and respond in writing to your complaint within a legally allotted timeframe.  The answer is also known as the defendant's first pleading.  In the answer, we learn how the defense plans to contest (argue against) your allegations.

Sometimes, the defense may issue a pre-answer response, such as a motion to dismiss.  If that pre-answer motion fails, then the defense must proceed to file their answer.  If they do not do so within the legally allotted timeframe, they are at risk of default or unfavorable judgment.

Step 3—Perform case discovery

After the answer phase, we enter the discovery phase.  In discovery, the following occurs—

• Both parties collect statements from the plaintiff and the defendants.
• Both parties give their testimonies under oath.  The testimonies become admissible in court.
• Both parties exchange requested supporting documents related to the accident.
• Your lawyers consult with doctors, accident reconstruction engineers, metallurgists, or other expert witnesses to strengthen your case.

Step 4—Negotiate a settlement or go to court

After or even during discovery, the lawsuit may discontinue before trial if either party makes an acceptable motion to settle the case out of court.  When we are able to secure a good settlement at this stage, the defense agrees to pay you damages in exchange for you dropping the lawsuit.  If no settlement is reached, your case proceeds to court where the judge or jury decides fault and the size of the judgment.

Help with railroad accident laws in Missouri

Railroad accident law in Missouri is a subspecialty of personal injury law.  Trust your case to the knowledgeable train wreck lawyers at The Hershewe Law Firm, P.C.