Deciding whether to pursue a civil case is hard enough without also not knowing what the process even looks like. Here's a general, plain-language walkthrough of how these cases typically move — with the caveat up front that every case is different, and timelines vary a lot based on the parties involved, whether it settles, and court schedules that are outside anyone's control.
- A confidential consultation. This is a conversation, not a commitment. An attorney will ask about what happened, who was involved, and when — partly to understand your situation, and partly to figure out which legal claims might be available (against an individual, an institution, or both) and whether you're within the applicable time limit.
- Investigation. Before a case is filed, an attorney typically gathers what's available: records, documentation, any prior reports made to an institution or law enforcement, and other evidence that supports the claim. If a criminal case exists or existed, that process and the civil case are separate, and one is not required for the other to move forward.
- Filing the lawsuit. The claim is filed in the appropriate Missouri court. Missouri law voids nondisclosure agreements related to childhood sexual abuse allegations, which matters for survivors who may have been asked to sign one previously.
- Discovery. Both sides exchange information and evidence. This phase is often the longest part of a civil case and can include depositions (formal interviews under oath) and requests for records from the defendant, whether that's an individual or an institution.
- Negotiation or settlement discussions. Many civil cases resolve before trial through a negotiated settlement. This can happen at various points in the process, not just at the end.
- Trial, if the case doesn't settle. Some cases proceed to trial before a judge or jury. Your attorney should walk you through what that would mean for your specific case well before it becomes a live possibility.
Throughout the process: You are not required to face this alone, and confidentiality protections exist specifically because the law recognizes how sensitive this process is. A good attorney-client relationship in these cases involves being told honestly what to expect at each stage — including the uncertain parts — rather than being given a script that doesn't match reality.
If you're trying to understand what a civil case would look like for your specific situation, Cardinal Law offers confidential, no-obligation consultations. Call (573) 885-1400.