Many injury claims settle, and the way a settlement demand is made can affect what a defendant owes later. Missouri has a statute that adds interest to certain tort judgments when a proper demand was made. It rewards careful paperwork, and it penalizes shortcuts.

Missouri Allows Prejudgment Interest in Tort Cases

issouri Revised Statutes section 408.040 provides that in tort actions, a claimant who makes a demand for payment or an offer of settlement may collect interest if the judgment is larger than what was demanded. Interest runs from a date 90 days after the demand or offer was received, or from the date it was rejected without a counteroffer, whichever comes first.

The Demand Must Follow Strict Requirements

The statute is specific about form. The demand has to be in writing and sent by certified mail, return receipt requested. It must also come with a supporting affidavit and, for injury claims, specified records. A casual email or a verbal request won’t meet those requirements, and an insurer can point to the gap later.

The Offer Has to Stay Open for 90 Days

A demand that is withdrawn after a few weeks doesn’t carry the same effect. The offer must be left open for 90 days. That period gives the defendant and its insurer time to evaluate the claim, and it keeps the date of any interest tied to a clear starting point.

Suit Must Be Filed Within 120 Days

Interest is barred if the claimant does not file suit within 120 days after the demand or offer was received, unless the parties agree in writing to a longer period. That window is separate from the overall statute of limitations, which also limits when a lawsuit can be filed. So the demand and the lawsuit have to be coordinated. Sending a demand with no plan for filing can undo its value. If the insurer accepts the demand, the claim settles and interest never comes into play. If it refuses or lets the time pass, the dates in the statute start to matter.

The Judgment Has to Exceed the Demand

The statute only awards interest when the amount of the judgment exceeds the demand. The rate is set at three percentage points above the intended federal funds rate, and the court states it in the judgment. Because the judgment has to exceed it, the figure in the demand deserves careful thought. It should be supported by medical bills, lost income, and records of future treatment, not guesses, and it should reflect each category of damages in a Missouri injury claim, including medical expenses, lost income, and pain and suffering.

Building the Record Behind the Demand

A demand is only as strong as its support. Typical materials include:

Medical records and bills from every provider.
Proof of missed work and lost income.
Photographs and repair estimates from the crash.
Statements about how the injuries have changed daily life.

Collecting those items is part of what a St. Louis car accident lawyer does well before a demand goes out.

In a rear-end case, for example, repair estimates and photographs of the bumper damage help show the force of the impact, the kind of detail a St. Louis rear-end collision lawyer pulls into the demand.

How This Fits the Larger Claim Timeline

The demand is one step in a longer process. It fits into a case timeline that runs from treatment through negotiation and, if needed, a lawsuit, and the right moment depends on where the claim stands.

Policy limits matter too, because Missouri’s auto insurance minimums set a floor for coverage that may not match the cost of a serious injury. Comparing the limits with the documented losses shows whether other coverage needs to be examined.

Timing matters as well. The right time to send a demand often comes after treatment has settled, when the full cost of the injuries is known. A demand sent too early can lock in a number that doesn’t reflect later care.

How We Use Demands in Injury Cases

At Schmittgens Injury Law Firm, our attorneys represent injured people across the St. Louis region, and Danny Schmittgens is licensed in Missouri and southwestern Illinois. We time each demand to the medical record and build in the 90-day and 120-day dates from the start.

Planning the Demand Before Anything Is Mailed

Demands sent in a hurry are the ones most likely to miss a requirement. An injured driver in the St. Louis area who is weighing a demand to the insurer can reach out to a St. Louis car accident lawyer to map the dates and review the paperwork before anything is mailed, and to decide whether a demand under the statute makes sense for the claim at all.

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Rob approaches every case with intention. He listens, he communicates, and he makes sure his clients feel supported and understood at every stage of the process. At the same time, he brings an aggressive, results-driven mindset when it matters most. He knows when to be compassionate and when to push, and he strikes that balance better than almost anyone I’ve worked with.

Trust is everything in this profession, and Rob is someone I trust implicitly—with my clients, with my cases, and with my own reputation. That’s not something I say lightly. If you’re looking for an attorney who is not only highly capable but also deeply committed to doing right by you, Rob is exactly who you want in your corner.

On top of all of that, Rob is just a genuinely great guy. He’s the kind of person you enjoy working with, the kind of lawyer you want on your team, and the kind of friend you’re lucky to have. He’s also a fantastic dad, which says a lot about who he is at his core. And, of course, I’d be remiss if I didn’t mention that he’s very lucky to have met me—but in all seriousness, I’m the one who feels lucky to know him.
  
 
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 Trustindex verifies that the original source of the review is Google. I was injured in an auto accident that ended up totalling my car. The insurance company wasn't even offering enough for me to fully replace the vehicle on top of the fact that I needed to go be seen by a doctor and have treatments to repair my injury. I talked to Rob who was able to walk me through the process of making sure the insurance company compensated me for all of these issues. I chose his firm to represent me and in a very short periood of time he was able to settle with the insurance company so that I was able to purchase a replacement vehicle, covered all of my medical expenses and was able to reduce the medical costs to put money back into my pocket.  I highly recommend using Schmittgens Injury Law Firm. They will treat you right and have your best interest represented.
  
 
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