Hidden Costs of a Car Accident Every Victim Should Know Before Filing a Claim

It’s frustrating to wait. You file a personal injury claim, and weeks turn into months. Sometimes even years. And you start asking yourself the same question many others do: Why is my personal injury claim taking so long?

You’re not alone. In Missouri, the average civil case can take over two years to resolve if it goes to trial, according to the Missouri Judiciary’s 2023 case processing data. That’s a long time to live with medical bills piling up, lost income, and the stress of uncertainty.

But delays don’t always mean something is wrong. In fact, many are tied to the steps that protect the value of your claim. The timeline often depends on the severity of your injuries, the insurance company's willingness to negotiate, and whether disputes arise regarding fault.

The good news? Understanding the common reasons for delays can give you a clearer picture of what’s happening with your case and what you can do to move it forward.

Common Factors That Delay Claims

A personal injury claim timeline isn’t the same for every person. Some claims are settled within a few months. Others may take years before resolving. Several factors influence this.

• Medical recovery time – Doctors may not know the full extent of your injuries until months after an accident.
• Insurance tactics – Companies often stall in hopes you’ll accept a lower settlement.
• Court backlogs – Missouri courts, like many across the country, face delays. In 2023, the Missouri Office of State Courts reported nearly 90,000 pending civil cases statewide.
• Disputes about fault – When liability isn’t clear, insurers or defense lawyers will push back harder.
  
  

Each of these adds time. But each is also tied to protecting your right to fair compensation.

Severity of Injuries and Medical Treatment Timeline

One of the biggest reasons for a slow personal injury claim timeline is your medical situation.

Doctors need time to assess how severe your injuries are, what treatment you’ll need, and whether you’ll recover fully. For example:

• A broken arm might be treated and healed within a few months.
• A traumatic brain injury or spinal injury can take a year or longer to stabilize.
  
  

Lawyers often wait until you reach maximum medical improvement (MMI) before pushing for a settlement. That way, they know the full cost of your care. If they rush the claim before MMI, you risk being underpaid for ongoing treatment.

According to the Centers for Disease Control and Prevention (CDC), the average hospital stay for traumatic brain injuries is over 9 days, and long-term rehab often extends recovery to months or years. These realities make it clear why some cases can’t be resolved quickly.

Insurance Negotiations and Bad Faith Tactics

Insurance companies play a huge role in how long your claim takes.

Their job is to minimize payouts. Your lawyer’s job is to maximize them. That clash creates a delay.

Common insurer tactics include:

• Dragging out responses to letters and demands.
• Requesting unnecessary documentation again and again.
• Lowball offers are made early, hoping that financial stress will prompt you to accept.
• Challenging medical treatment costs as “excessive.”
  
  

A 2022 report from the National Association of Insurance Commissioners (NAIC) revealed that property and casualty insurers received over 250,000 consumer complaints in a single year, many of which were tied to delay tactics and settlement disputes.



Missouri law does recognize “bad faith” practices, but proving them adds more steps. If your lawyer believes an insurer is stalling intentionally, they may file a bad faith claim, which extends the process but may result in greater compensation.

Gathering Evidence and Witness Testimony

Strong claims need strong evidence. And gathering that evidence takes time.

Your lawyer may need to:

• Obtain complete police reports and accident reconstructions.
  
• Collect medical records from multiple providers.
  
• Locate witnesses who may have moved or changed numbers.
  
• Hire experts in fields like biomechanics or trucking safety.
  
  

In Missouri, lawyers often subpoena medical providers or employers to get complete records. Each request can take weeks or months. And if a case involves multiple defendants, such as a trucking company, driver, and vehicle manufacturer, the evidence load multiplies.

Witnesses are another hurdle. A survey by the American Bar Association (ABA) found that over 60 percent of civil cases involve at least one delay related to the difficulty of locating or scheduling witnesses. If testimony is critical, this alone can stall resolution.

Disputes Over Liability or Comparative Fault

Missouri follows a pure comparative fault system. That means your compensation is reduced by the percentage of fault attributed to you. For example, if you’re awarded $100,000 but found 30 percent at fault, you receive $70,000.

Because of this, insurers fight hard to increase your share of the blame. If they can shift liability even slightly, they reduce their payout.

Disputes often arise in:

• Car accidents with multiple drivers.
• Slip and fall claims where property owners blame victims for not paying attention.
• Workplace injuries where responsibility is split between an employer and third parties.
  
  

Sorting out liability requires a detailed investigation, expert reports, and, in some cases, jury input. Every added layer means more time on the clock.

When a Lawsuit Becomes Necessary

Most personal injury claims settle before trial. But when insurers refuse to offer fair compensation, filing a lawsuit may be the only option.

Filing adds significant time. The Missouri court system tracks civil case timelines, and the median length of a civil trial case in 2023 was 820 days from filing to disposition. That’s more than two years.

During that period, both sides engage in discovery, depositions, expert reviews, and motions. Each step creates opportunities for delay. Judges also manage heavy dockets, which can push hearings months into the future.

The upside? Litigation often pressures insurers into better settlements. Many cases resolve before reaching trial once the threat of a jury verdict becomes a real possibility.

How to Speed Up the Process Without Compromising Results

You can’t control every factor in your personal injury claim timeline. But there are steps you and your lawyer can take to keep things moving.

• Stay organized – Keep all medical records, bills, and receipts in one place to avoid repeated requests.
• Communicate quickly – Respond to your lawyer’s calls and requests for information as soon as possible.
• Follow medical advice – Skipping appointments or ignoring treatment plans gives insurers ammo to argue your injuries aren’t serious.
• Work with experienced lawyers – Attorneys who are familiar with local courts and insurance tactics can anticipate delays and counter them effectively.
  
  

In Missouri, hiring legal representation makes a measurable difference. A 2019 Insurance Research Council study found that injury claim payouts were, on average, three times higher for claimants represented by lawyers compared to those without representation. That fact alone shows the value of working with professionals who know how to protect your rights and keep your case moving.

Conclusion

Delays in a personal injury claim timeline can feel like a setback, but they often reflect the process of building a strong case. From medical treatment to insurance tactics, evidence gathering, liability disputes, and court schedules, each factor plays a role in how long your claim takes.

The important thing is not to rush into a low settlement that leaves you struggling later. With the right legal team, you can focus on recovery while your case is handled strategically for the best possible outcome.

If your claim feels stuck or you’re unsure about what’s slowing things down, the attorneys at Harper, Evans, Hilbrenner & Netemeyer are ready to help.

Contact us today for a free consultation and let us fight for the compensation you deserve.