Overview
Filing a personal injury lawsuit starts with a complaint — a formal document filed in the proper court that names the defendant, explains what happened, and states what you're asking for. The defendant is then served, answers, and the case moves into discovery, where both sides exchange evidence and take depositions. Most cases are sent to mediation before trial, and the large majority settle somewhere along the way. Filing a lawsuit doesn't mean you'll end up in front of a jury; it often just forces the insurer to negotiate seriously.
Frequently Asked Questions
How do I file a personal injury lawsuit?
Your attorney drafts a complaint (sometimes called a petition) identifying the parties, the facts of the accident, the legal basis for liability, and the damages sought, then files it with the court that has jurisdiction — usually where the accident happened or where the defendant lives. A filing fee is paid, the court issues a summons, and the defendant is formally served with the papers. That service starts the defendant's deadline to respond.
How is a lawsuit different from a personal injury claim?
A claim is a demand made to the insurance company and negotiated toward a settlement without court involvement. A lawsuit is the formal court case filed when the insurer refuses to pay fairly, denies liability, or when the statute of limitations is approaching and the claim must be preserved. Most claims never become lawsuits, and most lawsuits still settle before trial.
What happens after the lawsuit is filed?
The defendant — in practice, the insurance company's lawyers — files an answer, and the case enters discovery. Both sides exchange written questions and documents, and witnesses including you give sworn depositions. The court sets a schedule, and the parties usually attend mediation. If the case doesn't settle, it's set for trial, where a judge or jury decides fault and damages. The full process commonly takes a year or more.
Can I file a personal injury lawsuit without a lawyer?
You can legally represent yourself, but injury lawsuits involve court rules, procedural deadlines, evidence rules, and expert testimony that are difficult to manage alone — and the insurer will have experienced defense counsel. Because personal injury attorneys work on contingency, there's no upfront cost to having a lawyer file and handle the case for you.
Is there a deadline to file?
Yes. Georgia, Texas, Illinois, and Alabama each give you two years from the date of injury to file a personal injury lawsuit, and claims against government entities often have much shorter notice requirements. Filing even one day late generally means the case is dismissed. A free case review from Injury Case Pro can tell you how much time you have and whether filing suit makes sense in your case.
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Get A Free Case Review →This page is for general informational purposes only and does not constitute legal advice. Laws vary by state and every case is different. Contact us to discuss the specific facts of your situation.
