The Construction Litigation Process in Missouri
The means by which a construction liability lawyer helps you process your claim is determined by general tort laws as well as construction liability law in Missouri. The Missouri-based construction liability attorneys of The Hershewe Law Firm, P.C. have several decades of experience advocating in personal injury and construction law. For information on how we help you with construction defects or injuries, contact us.
Steps involved in construction liability litigation in Missouri
To help you understand how Missouri construction liability law affects the litigation process, we offer this description of the steps you go through with construction litigation in the hope that it may be helpful to you. In our initial consultation, we can guide you step by step through the specifics of your case, as each case is unique. The following is a general overview to guide you through the most common steps of filing a construction lawsuit.
Step one: Filing the complaint
Your lawsuit officially begins when your lawyer formally files a complaint. The complaint is a written statement you make as the lawsuit's plaintiff (the party suffering damages or injury). The complaint describes—
- The incident
- The plaintiff (you)
- The responsible parties (defendants)
The defendants named often include—
- The construction company
- Specific subcontractors
- Manufacturers of materials used in the construction
- The insurance company or companies representing any of these parties
- The company that sold you the property
- The architects who designed the building or home
Step two: Answering the complaint
In the answer phase, the defendants file their answers to the complaint within a set amount of time as provided by law.
Step three: The discovery phase
Following the answer phase, all parties in the suit have much work to do during the discovery process. Steps in the discovery phase often include the following—
- Both parties gather factual statements from the plaintiffs and the defendants
- The parties give testimonies under oath
- Each party exchanges documents related to the accident
- Your construction lawyer strengthens your case during the discovery phase by providing expert witnesses whose opinions are often entered into the case record as fact.
Step four: Possible settlement
At any point during the discovery phase or the following steps, your lawsuit may change direction from proceeding toward trial to entertaining an out-of-court settlement. When we are able to secure an acceptable settlement for you at this stage, the defendants agree to pay damages to you. In exchange for you agreeing to accept their offer, you remove your right to bring further lawsuits against them.
Step five: Going to court
We do everything possible to help our clients receive the compensation they deserve in their settlement. However, when the defendant's settlement offer is unsatisfactory, the case proceeds forward. Then, the court decides who is liable, to what extent they are liable, and how much—if anything—they should pay you for your losses.
Construction defect law in Missouri
If a construction issue or on-the job construction injury causes you or a loved one to suffer personal injury or property losses, you should seek counsel immediately by calling our construction litigation firm. The Hershewe Law Firm, P.C. can help and wants to be your advocate.
Contact The Hershewe Law Firm, P.C. for information on how we can help you legally with construction liability in Missouri.
