Filing a lawsuit can feel overwhelming, especially if you’ve never navigated the civil litigation process before. Whether you’re dealing with a contract dispute, personal injury claim, or family law matter, understanding the legal steps involved will help you make informed decisions.
This guide walks you through every stage of the process, from determining if you have a valid case to presenting evidence in a jury trial. Whether you’re filing in state court, federal court, or a small claims division, this step-by-step breakdown will give you clarity.
Step 1: Determine If You Have a Valid Case
Before you file suit, you must establish whether your claim has legal merit. Civil cases require a legal basis, meaning your claim must align with established laws. Here’s how to assess your case:
Standing: You must be directly affected by the dispute.
Cause of Action: Your claim must involve a breach of law, contract, or duty.
Damages: You must show measurable harm (financial, physical, or emotional).
Statute of Limitations: Each case type has a deadline for filing. If you miss it, you lose your right to sue.
There are certain questions you must ask yourself before you decide to file a lawsuit, such as, is it worth the trouble? If you’re unsure whether your claim meets the criteria provided above, consult an attorney before moving forward.
Step 2: Decide Whether to Settle or Sue
Lawsuits can be expensive and time-consuming. In most cases, it’s worth exploring alternative dispute resolution methods before heading to trial.
Mediation: A neutral third party helps resolve the dispute outside of court.
Arbitration: A private process where an arbitrator issues a binding decision.
Direct Negotiation: The plaintiff and opposing party attempt to reach a settlement.
If these options fail or the other party refuses to negotiate, you may need to proceed with civil litigation.
Step 3: Preparing to File the Lawsuit
Once you decide to move forward, prepare your case carefully. Gather relevant information, including:
Contracts, medical records, emails, and other documents proving your claim.
Witness statements supporting your side of the dispute.
Expert witnesses if technical or specialized knowledge is required.
Determine whether your case should be filed in a district court, circuit court, or federal court based on jurisdiction rules.
Finally, decide whether to represent yourself or hire an attorney. While small claims court allows individuals to file without a lawyer, more complex cases benefit from legal representation.
Step 4: Filing the Complaint
The lawsuit officially begins when the plaintiff files a complaint in the appropriate court. This document includes:
The names and contact information of all parties present
A summary of the dispute
The legal theories supporting the claim
A request for damages or relief
You’ll also need to pay a filing fee, which varies by court. After submission, you must serve the defendant with the complaint and any other documents relevant to the case.
Step 5: What Happens After Filing
Once served, the defendant has a limited time to respond. Possible responses include:
Filing an Answer: The defendant acknowledges or denies allegations.
Motion to Dismiss: The defendant argues the case lacks merit.
Counterclaim: The defendant files a claim against the plaintiff.
If the defendant does not respond, the court may issue a default judgment, ruling in favor of the plaintiff by default.
Step 6: The Discovery Process
The discovery process allows both parties to gather and exchange evidence before trial. This phase includes:
Interrogatories: Written questions that the opposing party must answer.
Depositions: Sworn statements given under oath.
Requests for Production: One party asks the other to provide specific documents.
Expert Witnesses: Testimony from professionals in relevant fields.
The goal is to uncover all relevant information before trial, strengthening each side’s argument.
Step 7: Pre-Trial Motions and Settlement Talks
Before the trial begins, both sides can file motions to shape the case:
Summary Judgment: One side asks the judge to rule without a trial.
Motion to Exclude Evidence: A request to remove improper evidence.
Amended Complaints: The plaintiff may modify their original complaint.
Many cases settle before trial, saving time and costs. If settlement discussions fail, the case moves forward.
Step 8: Going to Trial
If the case proceeds, it is heard in a trial court, either as a jury trial or bench trial (judge-only). The trial process includes:
Voir Dire: Selecting potential jurors.
Opening Statements: Each side presents its case overview.
Plaintiff’s Case: The plaintiff presents evidence and witnesses.
Cross-Examine: The opposing party questions the other’s witnesses.
Rebuttal Evidence: The plaintiff may present additional evidence.
Closing Arguments: Each side summarizes their case before the jury or judge.
The jury’s verdict or judge’s ruling determines the outcome.
Step 9: Appealing the Decision
If the losing party disagrees with the verdict, they can appeal to a higher court (state appellate court or federal appellate court). Grounds for appeal include:
Errors in Law: The judge misapplied the law.
New Evidence: Newly discovered evidence impacts the case.
Judgment Notwithstanding: The judge overturns the jury’s verdict.
An appeal doesn’t guarantee a new trial, but it may lead to a reversal or modification of the decision.
Step 10: Enforcing the Judgment
Winning a lawsuit doesn’t always mean immediate payment or compliance. The plaintiff may need to take additional steps to enforce the judgment, such as:
Wage Garnishment: Deducting amounts directly from the defendant’s paycheck.
Property Liens: Placing a legal claim on the defendant’s assets.
Seizure of Assets: Collecting money through bank levies or property sales.
Courts can assist in enforcing judgments, but plaintiffs may need legal help to collect what they’re owed.
Myths About Filing a Lawsuit—Debunked
Are all lawsuits drawn out and take years to reach a decision?
No, not all lawsuits take years to resolve. While complex civil litigation cases can extend over long periods, many lawsuits reach a final resolution much sooner. The timeline depends on several factors, such as the court’s schedule, the willingness of the other party to settle, and whether the case involves a jury trial or a bench trial (where a judge decides without a jury).
Small claims cases, for example, often conclude in a few months, and even larger lawsuits can sometimes be resolved quickly through summary judgment or settlement. Federal and state courts also have procedural rules that can speed up certain cases.
Do I need to have a lot of money to file a lawsuit?
This is a common misconception. While litigation can be expensive, there are ways to file a civil lawsuit without significant upfront costs. Many attorneys work on a contingency fee basis, meaning they only get paid if you win the case. Additionally, courts often offer fee waivers for individuals who can’t afford the filing fee.
It’s also important to remember that some cases can recover attorney’s fees and costs from the defendant responsible, making legal action more accessible for those with valid claims.
Is suing someone always the best way to resolve a dispute?
Not necessarily. While lawsuits provide a legal path to justice, they are not always the best solution. In most cases, disputes can be settled through negotiation, mediation, or arbitration. These alternatives often save time and money while still leading to a satisfactory outcome for both parties present.
However, if informal methods fail or if the other party refuses to negotiate in good faith, filing a lawsuit may be necessary to ensure accountability.
If I win my lawsuit, will I immediately receive my compensation?
Winning a civil lawsuit does not always mean you’ll receive compensation right away. If the defendant responsible refuses to pay, you may need to take additional legal steps to enforce the judgment. This could involve garnishing wages, seizing assets, or taking further court action.
Additionally, the losing party may file an appeal, which could delay payment while a higher court reviews the case. An experienced attorney can help you navigate these situations and secure what you are legally owed.
Are all lawsuits handled in federal court?
No. While some lawsuits must be filed in federal court, many are handled at the state court, district court, or circuit court levels. The choice of court depends on factors like the legal issue at hand, the particular case circumstances, and the legal basis for the claim.
For example, cases involving federal law or disputes between individuals in different states (when damages exceed $75,000) typically go to federal court, while most civil cases—including family law matters, contract disputes, and personal injury claims—are filed in state courts.
Do I need a lawyer to file a lawsuit?
Technically, no—you can file and represent yourself in civil cases, especially in small claim courts. However, representing yourself (known as “pro se” representation) can be risky if you lack legal experience. Lawsuits involve complex documents, strict deadlines, and rules of evidence that can be difficult to navigate alone.
A skilled attorney can help ensure you present the strongest case possible, whether through legal theories, witness testimony, or procedural strategy. In most cases, having a lawyer increases your chances of success.
Can a lawsuit be reopened after it’s been decided?
It depends. In some instances, a case can be revisited if there is new trial evidence or if procedural errors occurred. If significant mistakes were made during the trial court process, a higher court may reverse the jury’s verdict or order a new trial.
Additionally, if one side can prove fraud, misconduct, or newly discovered evidence, a court may reconsider its decision. However, reopening a case is rare and typically requires strong legal arguments.
Will I have to testify in court if I file a lawsuit?
Not necessarily. Many lawsuits settle before reaching trial, eliminating the need for testimony. However, if your case proceeds to trial, you may need to testify as a witness to support your plaintiff’s case.
If you do testify, a court reporter will transcribe your statements, and the opposing party may have the chance to cross-examine you. Your attorney will prepare you for this process, ensuring you feel confident and ready to answer questions truthfully and clearly.
Can I sue a company or government agency, or just individuals?
You can sue other entities, including businesses, government agencies, and organizations, not just individuals. However, lawsuits against corporations or government bodies often involve additional legal requirements.
For example, suing a government agency may require filing a special notice within a strict deadline before you can proceed with the case.
Is my lawsuit public record?
Yes, in most cases, lawsuits become part of the public record. This means that details of the complaint, court motions, and rulings are accessible to anyone who requests them. However, courts may grant privacy protections in certain situations, such as sealing records in sensitive family law cases.
If privacy is a concern, discuss options with your attorney to determine if there are legal ways to limit public access to your case information.
Will the court contact me directly about my case?
Courts typically communicate through official documents and notices, which are sent to you or your attorney. You will not receive informal calls or emails from the court regarding your case. If you need to contact the court, you may find the appropriate telephone number on its official website or legal notices.
Be cautious of any unsolicited calls claiming to be from the court, as these could be scams. Always verify information through official sources.
Do all lawsuits end with a trial?
No. In fact, the vast majority of lawsuits settle before reaching trial. Settlements can occur at any stage of the civil litigation process, from the early discovery process to just before closing arguments.
Even if a case does go to trial, it doesn’t always conclude with a jury’s verdict. The judge may issue a ruling, dismiss the case, or even enter a judgment notwithstanding the verdict.
Final Tips
Filing a civil lawsuit is a complex process requiring careful planning and legal strategy. Whether you’re navigating a family law case, contract dispute, or civil litigation, understanding the basic steps will help you prepare.
If you’re considering filing a lawsuit and need guidance, the Bourassa Law Group is here to help. Contact us today for a free consultation and expert legal advice tailored to your particular case.
1-800-870-8910