When you’re already dealing with injuries, medical bills, and calls from insurance companies, trying to figure out how to start a lawsuit can feel overwhelming. Understanding the steps can make the process easier to follow.
We’ll cover all those steps here: what happens before you file, how a complaint starts a lawsuit, how the defendant receives notice, and what happens next.
If you decide to move forward with a lawsuit, it can take time for your case to move through the legal system, and your bills won’t wait. That’s where pre-settlement funding, also called lawsuit loans, can help.
Pre-settlement funding is an advance designed to help you cover life’s daily expenses while you wait for your case to resolve. The funding is nonrecourse, meaning if you don’t win your case, you don’t need to repay the advance.
If you need financial support while your claim is pending, submit a request for pre-settlement funding online.
Please note: This article is intended for educational purposes and is not in any way intended to be legal advice. Rules vary by state and court, so you should consult an attorney about your specific situation.
Key Takeaways
- A civil lawsuit starts when you file a complaint with the court, after which you must serve the defendant and give them an opportunity to respond before the case moves forward.[1]
- The process can look different for class actions, lawsuits against companies, defamation claims, and small claims cases because each has its own legal and procedural requirements.
- An attorney should evaluate your claim and help you navigate filing requirements, deadlines, service rules, and later stages of the case.
- Pre-settlement funding is a cash advance based on the expected proceeds of an active claim. It can help you cover daily expenses while you wait for your case to resolve.
- Pre-settlement funding is nonrecourse, requires no credit check or monthly payments, and only requires repayment if you recover compensation through your claim.
What Does It Mean to “Start” a Lawsuit?
Legally, a civil lawsuit typically starts when the plaintiff files a complaint with the court.[1] The complaint:[2]
- Explains the basis for the lawsuit
- Identifies the parties involved
- Describes the relief the plaintiff seeks
However, filing a complaint usually isn’t the first thing that happens. Before you reach that stage, you may need time to collect evidence and consider whether you have grounds for a claim. If you were hurt in an accident, for example, you may first want to collect medical records, photos, witness information, and documents related to your financial losses.[3]
Once a complaint has been filed and the lawsuit has officially “started”, the case moves through several stages, including: [1]
- Service of process
- The defendant’s response
- Discovery
- Motions
- Settlement discussions
- Trial, if settlement is not reached
Court procedures and filing requirements vary by jurisdiction, so you should consult an attorney for guidance.
The General Steps to Start a Civil Lawsuit
Step 1: Evaluate Your Claim
Before filing a lawsuit, you first need to determine whether the facts support a legal claim. A claim generally involves a set of facts that gives you a right you can enforce in court.[4] However, the specific elements you need to prove depend on the type of case and the law that applies.
At this stage, you can start gathering information related to what happened and the harm you suffered. Depending on your case, that could include medical records, accident reports, photos, witness information, bills, and records of lost income.[3]
This is the stage when you’d typically consult an attorney to discuss whether you have a viable case. Personal injury lawyers often use contingency fee arrangements, which means the lawyer receives an agreed-upon share of your recovery only if the case succeeds. You may still have responsibility for certain case costs depending on your agreement.[6]
Step 2: Draft and File a Complaint
If you move forward with a civil lawsuit, your lawyer will officially start the court case by filing a complaint. The complaint identifies the plaintiff and defendant, lays out your claims and the basis for them, and tells the court what type of relief you’re seeking, such as money for your damages.[2]
Before your lawyer can file that complaint, though, it helps to know who you’re suing. If you’re pursuing a private individual or a corporation, the process is fairly straightforward. But if a government entity is involved, there’s usually an extra step first.
Many states, along with the federal government, require you to submit a formal notice or administrative claim before you’re allowed to file suit at all. Under federal law, for example, a claim against the United States generally can’t move forward in court until it’s first been submitted to the responsible federal agency and denied in writing.[19] State rules work similarly but vary by jurisdiction, with deadlines that can run as short as 30 days from the incident.[20]
Missing that window can jeopardize your right to sue, so if a government entity is involved, speak to your lawyer, who will know exactly what’s required and when.
Courts charge fees for filing lawsuits. If you can’t afford that cost, you can ask the court for a fee waiver. In federal court, this is called in forma pauperis, and it can allow your case to move forward without prepaying the filing fee, if the court approves the request.[5]
State courts have their own filing requirements, fees, and fee-waiver rules, so the process can look different depending on where you file. In addition to fee waivers, you may also have other options to file a lawsuit with no money, such as free or low-cost legal aid.
Step 3: Serve the Defendant
Filing the complaint gets your case into court, but the defendant also needs formal notice of the lawsuit. Courts call this step “service of process” and typically require that it includes a copy of the complaint as well as a summons.[7] The summons tells the defendant that they need to respond and gives them a deadline for doing so.[8]
The Federal Rules of Civil Procedure provide a general baseline for who can serve the documents, how service can take place, and how much time you have to complete it. In federal court, Rule 4 generally requires service within 90 days after filing the complaint, although exceptions and extensions can apply.[8] State courts may set different procedures and deadlines.
The process can also differ depending on whom you’re suing. If the defendant is a corporation, for example, federal rules allow service on an officer, managing or general agent, or agent who has authority to accept legal papers for the company.[8]
Step 4: Wait for a Response and Move Through the Case
After service, the defendant gets a set amount of time to respond. Depending on the case, the defendant might file an answer that admits or denies the allegations, makes counterclaims, asks for more information, or provides defenses.[9]
Under Federal Rule 12, the defendant has 21 days after being served to respond.[10] However, you and your attorney should consult the rules of the court where you filed to verify the response deadline.
If the lawsuit continues, the parties generally move into discovery. During discovery, each side can gather information relevant to the dispute.[5] Your lawyer will most likely handle the discovery phase.
Many personal injury lawsuits reach a settlement, which means you don’t have to go to trial. But if you can’t resolve the dispute, the court may eventually hold a trial to decide the case.[5]
How the Process Can Differ by Type of Lawsuit
The basic steps above apply to many civil cases, but the process can change depending on the type of lawsuit you want to file. Different claims may come with their own legal requirements and court procedures.
Starting a Class Action Lawsuit
A class action allows one or more people to bring a lawsuit on behalf of a larger group of people who have similar claims against the same defendant. Rather than requiring every person to pursue a separate lawsuit, a class action can resolve multiple shared issues in one case.[11]
In federal court, Rule 23 requires the court to decide whether the proposed class meets several requirements, including:[12]
- The group must be so large that addressing every case individually would be impractical.
- The members must share common questions of law or fact.
- The proposed representatives’ claims or defenses must be typical of the class.
- The representatives must fairly and adequately protect the interests of the group.
- There are many steps involved in starting a class action lawsuit, especially compared to other types of cases. For example, a federal court decides whether to certify the class and, if it does, appoints class counsel.[12]
State courts have their own rules, so the requirements and procedures can differ depending on where you file. If you’re considering this type of case, you’ll want to work with an attorney who has experience handling class actions in your state.
Starting a Lawsuit Against a Company
In cases such as slip and fall accidents at a store, injuries caused by a defective product, car accidents involving a company vehicle, or workplace injuries, you may wonder how to start a lawsuit against a company.
The first step is to identify the correct legal name of the corporate entity, which may not be the same as the name on their storefront or advertising. The secretary of state where the business is headquartered should have that information.[13]
You also need to follow the applicable rules for serving the company. Most states require businesses to designate an agent to accept legal documents and service of process, called a “registered agent.” The agent will be identified in the formation documents that are on file with the secretary of state.[14]
Naming a company as the defendant also doesn’t automatically make that company responsible for the harm you suffered. The legal basis for holding a business liable depends on the facts and applicable law. For example, different rules may apply if you’re trying to sue a company for an employee’s assault versus for harm caused by a defective product.
Starting a Defamation Lawsuit
A defamation lawsuit involves a false statement that harms a person’s reputation. Defamation can include written statements, called libel, as well as spoken statements, called slander.[15]
Generally, a plaintiff pursuing a defamation claim must show:[15]
- Someone communicated a false statement presented as fact to another person
- The defendant had the required level of fault
- The statement caused harm to the plaintiff’s reputation
However, the exact requirements vary by state.
The rules can become more demanding depending on who brings the case. For example, the U.S. Supreme Court has established an “actual malice” standard for public officials. Under this standard, a public official acting as plaintiff needs to prove that the defendant knew the statement was false or acted with reckless disregard for whether it was true or false.[15]
Defamation cases can be complicated. Courts may need to consider issues such as whether a statement presented a fact or an opinion and whether the statement is protected.[15] State laws also differ in their standards and available damages.
If you think someone has defamed you, an attorney can explain the standards that apply where you live and how to start a defamation lawsuit.
Starting a Small Claims Lawsuit
Small claims court is a simpler and less expensive way to resolve smaller disputes over money. States run their own small claims systems; there is no federal small claims court.
While the details vary based on the court, here’s a general look at how to start a small claims lawsuit:[16]
- Determine the amount of your claim: Calculate how much money you believe the defendant owes you and make sure it falls within your court’s small claims limit.
- Send a demand letter: Some jurisdictions require you to demand payment before filing. Even when it isn’t required, a demand letter can show that you tried to resolve the issue.
- Decide where to file: Depending on local rules, you may file where the defendant lives or does business, or where the events behind the claim occurred.
- File your complaint: Complete the forms required by your local small claims court and file them according to that court’s procedures.
You also may not need an attorney. For example, California’s small claims process uses simpler rules and lower filing fees than the civil process, and lawyers can give advice but usually can’t represent the parties at hearings.[17] Check your court’s official website to learn the rules that apply to your case.
Filing Deadlines to Know (Statutes of Limitations)
You have a limited amount of time to start a civil lawsuit. This deadline is called the statute of limitations, and the length of time you have depends on both the state and the type of legal claim you’re bringing.[18]
For example, a state may set different filing deadlines for personal injury and defamation claims. The event that starts the clock can also vary, and in some situations, the deadline may pause or extend.
Missing the applicable statute of limitations can prevent you from recovering compensation even if you otherwise have a strong claim.[18] Because these rules vary so much, speak with a licensed attorney as early as possible or check your state’s official legislative website to learn which deadline may apply to your situation.
How Pre-Settlement Funding Can Help While Your Case Is Pending
Your financial obligations don’t stop once you’ve started a civil lawsuit. Your rent or mortgage still comes due, you still need groceries, and you may have medical bills to pay. Meanwhile, a lawsuit can take months or even years to reach a settlement or verdict.
Pre-settlement funding can provide you with breathing room by way of a cash advance. You may also hear people call these advances “lawsuit loans,” but pre-settlement funding differs from a traditional loan because it is nonrecourse. That means if you don’t recover money in your case, you don’t repay the advance.
Pre-settlement funding isn’t meant to pay your attorney fees, filing fees, or other costs of litigating your case. Instead, it gives you money for your personal expenses while your attorney pursues your claim.
For your case to qualify, you need an active claim and an attorney representing you. USClaims evaluates the case itself rather than your credit score when considering your application.
How USClaims' Pre-Settlement Funding Works
USClaims works with your attorney to evaluate your case and, if your case qualifies, provide access to part of your expected recovery before the case resolves. Here’s what the process looks like:
- Talk with your attorney: Once you’ve decided you want to start a lawsuit, talk to your attorney about whether pre-settlement funding could be a viable option for you.
- Request funding: You can submit a request online or call USClaims directly.
- Let us review your case: USClaims works directly with your attorney to learn about your claim. You don’t need a credit check because approval depends on the strength of your case.
- Receive your funds: If USClaims approves your request, you can receive funding in as little as 24 business hours.*
- Use the money for your needs: Use the funding on whatever will help make ends meet as your case moves through the system.
- Repay only if you recover money: If your case results in a settlement or court award, your attorney handles repayment to USClaims in one lump sum from your proceeds. If you lose your case and receive no proceeds, you don’t have to repay the advance.
Benefits of USClaims’ Pre-Settlement Funding for Plaintiffs
Knowing how to start a lawsuit is just the first step. You can still be left waiting for compensation while your case works its way through the courts. USClaims’ pre-settlement funding offers another source of cash without the credit requirements and repayment schedule that come with traditional loans.
Pay Your Bills on Time
Falling behind on one expense can quickly make the next one harder to cover. USClaims offers advances ranging from $500 to over $1 million, with funding available in as little as 24 business hours after approval.* That money can help you keep up with everyday expenses and protect your credit.
Only Repay Us If You Recover Compensation
With a traditional loan, you must repay the lender what they lent you, even if your lawsuit doesn’t go your way. USClaims takes a different approach. Our funding is nonrecourse, so you repay us only if you recover proceeds from your case.
You're Protected with Our 2X Cap**
Without a cap, funding fees can accumulate over time, meaning a long case could make your repayment climb. With USClaims’ 2X cap,** you’ll never owe more than twice the amount we advanced, regardless of how long your case lasts. Not every pre-settlement funding company offers this type of repayment protection.
No Monthly Payments or Upfront Fees
Pre-settlement funding from USClaims has no upfront fees or monthly payments. If your case succeeds, your attorney pays the amount you owe in one lump sum from your proceeds.
Use the Funds to Cover Any Personal Expense
Whether you need to cover housing, groceries, utilities, transportation, or another personal cost, you decide where the money goes. While some traditional loans restrict how borrowers spend the funds, USClaims doesn’t place restrictions on how you use the advance as long as it’s for personal expenses.
See How Pre-Settlement Funding Has Helped People Like You
with USC in the past. USC does not control the content of such reviews.
Supporting Plaintiffs from Day One
Learning how to start a lawsuit can feel like a major undertaking, but you don’t have to figure out every step by yourself. An attorney can determine whether you have a valid claim and take care of most of the legal proceedings. But even with their help, you may face another challenge: paying your everyday expenses while you wait for your case to resolve.
That’s where USClaims steps in. For over 30 years, we’ve helped thousands of plaintiffs access pre-settlement funding while their claims move forward. Sometimes, that financial breathing room can make all the difference in waiting for the settlement you deserve.
If you have an active claim and an attorney but need money while you wait, submit a request for pre-settlement funding online or call 1-877-USCLAIMS today.
Frequently Asked Questions
What are the first steps to start a lawsuit?
Before filing, you can gather documents and other evidence related to your claim and consider speaking with an attorney about your options. A civil lawsuit formally begins when the plaintiff files a complaint with the court. The plaintiff must then provide the defendant with formal notice of the case through service of process.[1] Exact procedures vary by court and jurisdiction.
How do I start a class action lawsuit, and what qualifies a case for that process?
Class actions are typically brought and managed by attorneys on behalf of one or more proposed representatives for a larger group with similar claims.[11] In federal court, the proposed class must meet Rule 23 requirements, including numerosity, commonality, typicality, and adequate representation, plus at least one requirement under Rule 23(b). The court must certify the class before the case can proceed as a class action.[12] State rules can differ.
How can I start a lawsuit against a company, and what information should I gather first?
You’ll need to identify the correct business entity you believe caused your harm[13] and gather records that support your claim. When you serve the lawsuit, businesses should have an agent designated to receive the papers on their behalf.[14] The exact filing and service rules depend on the court and state.
What must I file to start a civil lawsuit, and what are common filing requirements?
You can start a civil lawsuit by filing a complaint that identifies the parties, explains your claims, and states the relief you want from the court.[2] Courts may also require a filing fee, summons, cover sheet, or other forms. For example, federal courts require a filing fee unless the court approves a request to proceed without prepaying it. State and local requirements can differ.
What steps are involved in starting a defamation claim versus a small claims case?
A defamation claim focuses on whether someone communicated a false statement presented as fact to another person, had the required level of fault, and harmed your reputation.[15] Defamation rules can vary by state and can become legally complex. Small claims courts, by comparison, use simpler procedures for disputes within the court’s dollar limit, which vary by state and court.[16]
Sources
- [1] Cornell Law School, Legal Information Institute, “Litigation,” https://www.law.cornell.edu/wex/litigation
- [2] Cornell Law School, Legal Information Institute, “Complaint,” https://www.law.cornell.edu/wex/complaint
- [3] Dan Ray, “Preserving Evidence for Your Personal Injury Claim,” https://www.nolo.com/legal-encyclopedia/personal-injury-accidents-preserve-evidence-30018.html
- [4] Cornell Law School, Legal Information Institute, “Claim,” https://www.law.cornell.edu/wex/claim
- [5] United States Courts, “Civil Cases,” https://www.uscourts.gov/about-federal-courts/types-cases/civil-cases
- [6] American Bar Association, “When You Need a Lawyer: Legal Fees and Expenses,” https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/lawyerfees_contingent/
- [7] Cornell Law School, Legal Information Institute, “Service of Process,” https://www.law.cornell.edu/wex/service_of_process
- [8] Cornell Law School, Legal Information Institute, “Federal Rules of Civil Procedure: Rule 4,” https://www.law.cornell.edu/rules/frcp/rule_4
- [9] Cornell Law School, Legal Information Institute, “Answer,” https://www.law.cornell.edu/wex/answer
- [10] Cornell Law School, Legal Information Institute, “Federal Rules of Civil Procedure: Rule 12,” https://www.law.cornell.edu/rules/frcp/rule_12
- [11] Cornell Law School, Legal Information Institute, “Class Action,” https://www.law.cornell.edu/wex/class_action
- [12] Cornell Law School, Legal Information Institute, “Federal Rules of Civil Procedure: Rule 23,” https://www.law.cornell.edu/rules/frcp/rule_23
- [13] Cara O’Neill, “Corporations and Limited Liability Companies,” https://www.nolo.com/legal-encyclopedia/free-books/small-claims-book/chapter8-6.html
- [14] Thomson Reuters, “What Is a Registered Agent?” https://legal.thomsonreuters.com/en/insights/articles/what-is-a-registered-agent
- [15] Cornell Law School, Legal Information Institute, “Defamation,” https://www.law.cornell.edu/wex/defamation
- [16] Civil Law Self-Help Center, “Filing Your Small Claims Case,” https://www.civillawselfhelpcenter.org/self-help/small-claims/suing-someone-in-small-claims/107-filing-your-small-claims-case
- [17] California Courts Self-Help Guide, “Deciding Between Small Claims and Limited Civil,” https://selfhelp.courts.ca.gov/small-claims-or-limited-civil
- [18] Cornell Law School, Legal Information Institute, “Statute of Limitations,” https://www.law.cornell.edu/wex/statute_of_limitations
- [19] Legal Information Institute, Cornell Law School, “28 U.S. Code § 2675 – Disposition by federal agency as prerequisite; evidence,” https://www.law.cornell.edu/uscode/text/28/2675
- [20] Brandon J. Broderick, “Suing the Government? Why You Must File a Notice of Claim First,” https://www.brandonjbroderick.com/suing-government-why-you-must-file-notice-claim-first
*Funding subject to approval. We typically fund within 24 business-day hours after we receive a fully-executed contract. Additional restrictions may apply. Contact for details.
**2X CAP may not be applicable for all types of cases and/or jurisdictions.
Disclaimer:
Throughout this website, the term “loan” may be used for convenience to describe pre-settlement funding. However, such transactions are not loans in the legal sense. Repayment is strictly contingent upon the successful resolution of your case. If your case is unsuccessful, no repayment is required. Common terms like “lawsuit loan” are used colloquially but misrepresent the non-recourse nature of pre-settlement funding.
