Filing a Lawsuit

Getting hurt in an accident is hard. You’re in pain. You might be missing work. You’re dealing with bills and stress. On top of that, the other side might not be taking responsibility. Maybe their insurance company is offering way too little. Or maybe they’re denying the claim altogether.

When that happens, you might need to take the next step. That step is filing a lawsuit.

This article will walk you through what that means, how it works, and what serious injury lawyers do to guide you through the process. It’s not as scary as it sounds—especially when you have the right legal help on your side.

What Does It Mean to File a Lawsuit?

Filing a lawsuit means you’re asking the court for help. You and your lawyer are telling the court, “Hey, we tried to fix this, but they’re not playing fair. We need someone to step in.”

A lawsuit is a legal way to fight for the money and justice you deserve. It’s how you make your voice heard when the other side won’t listen.

When Do You Need to File a Lawsuit?

Not every injury case goes to court. In fact, most settle before that happens. But sometimes a lawsuit is the only way to move forward.

Here are a few times when it might be needed:

• The insurance company refuses to pay

• They offer way less than your case is worth

• They say the accident was your fault

• They’re ignoring your claim

• You’ve suffered serious or permanent injuries

• The person or company at fault won’t admit it

A lawyer will try to settle the case first. But if that doesn’t work, they’ll help you file the lawsuit.

Step 1: Talking to a Serious Injury Lawyer

Before anything is filed, you’ll talk with a lawyer who handles serious injury cases. They’ll listen to your story, look at the facts, and explain your options. This part is free with most personal injury law firms.

They’ll ask about:

• How the accident happened

• Your injuries and medical care

• What the insurance company has done so far

• Any bills or lost wages

• How your life has changed

Once they have the details, they’ll let you know if filing a lawsuit makes sense.

Step 2: Investigation and Evidence

Before filing anything with the court, your lawyer will gather more evidence to make your case strong. This might include:

• Police reports

• Medical records

• Witness statements

• Photos and videos

• Expert opinions

• Lost wage records

They’ll use this information to build a solid case. The stronger the case, the better your chance of getting a fair result—either in court or through settlement.

Step 3: Filing the Complaint

The official start of the lawsuit is called the complaint. This is a legal paper that tells the court:

• Who you are

• Who the other side is

• What happened

• How you were hurt

• What you’re asking for

Your lawyer will write this for you and file it with the court. Once it’s filed, the court will send it to the other side (usually an insurance company or business). They now have to respond.

Step 4: The Other Side Responds

The other side—called the “defendant”—has to answer the complaint. They’ll either admit or deny what’s in it. Usually, they deny most or all of it. That’s normal.

They might also try to get the case dismissed. If they do, your lawyer will fight back and explain why your case should move forward.

Step 5: Discovery

After the lawsuit is filed, both sides go into a stage called discovery. This is when each side shares information and gathers more details about the case.

Here’s what happens during discovery:

• You might answer written questions about the accident

• You could be asked to give a statement (called a deposition)

• Your lawyer may question the other side

• Both sides share documents and records

• Experts may review your injuries or the scene of the accident

Discovery helps both sides understand what they’re dealing with. It also helps the court see the full picture.

Step 6: Trying to Settle Again

Once discovery is done, your lawyer may try to settle the case again. Now that more evidence is available, the insurance company might realize they could lose in court.

Sometimes cases settle at this stage. If the offer is fair, your lawyer will go over it with you. If you say yes, the case is over, and you get your settlement.

If the offer isn’t fair, your lawyer will keep pushing forward.

Step 7: Going to Court

If no agreement is reached, the case will go to court. This is called a trial.

Here’s what happens during a trial:

• A judge or jury hears both sides of the case

• Your lawyer presents evidence and calls witnesses

• The other side does the same

• Both sides give closing arguments

• The judge or jury decides the result

Trials can take a few days or even weeks. But don’t worry—your lawyer will be with you the whole way.

What If You’re Nervous About Testifying?

It’s normal to feel nervous. If you have to speak in court or give a deposition, your lawyer will help you get ready. They’ll explain what questions to expect and help you stay calm.

You don’t have to be perfect. You just have to be honest.

What Kinds of Cases Go to Trial?

Most serious injury cases don’t end up in court. But here are a few examples of ones that might:

• Car or truck accidents with severe injuries

• Slip and falls where the business denies blame

• Medical mistakes

• Product injuries (like faulty tools or machines)

• Wrongful death claims

• Cases involving police misconduct or civil rights

These cases often involve big damages or complicated facts. That’s why a trial is sometimes needed.

How Long Does It All Take?

Lawsuits take time. Some settle in a few months. Others can take a year or more.

It depends on:

• How serious your injuries are

• How many people are involved

• How much money is at stake

• If the other side cooperates

• How busy the court is

It can feel slow, but your lawyer will keep you updated and explain what’s happening.

What If You Can’t Afford a Lawyer?

Most serious injury lawyers work on a contingency fee. That means:

• You don’t pay anything upfront

• You don’t pay by the hour

• They only get paid if they win your case

If you win or settle, their fee comes out of the money you receive. If they don’t win, you owe them nothing. This helps people get legal help—even if they’re struggling with bills.

What About Civil Rights Lawsuits?

Some lawsuits aren’t just about accidents. They’re about civil rights. These cases can happen when:

• Police use too much force

• Someone is hurt in jail or prison

• A person is treated unfairly due to race, disability, or gender

• A public place isn’t safe or accessible

These cases are harder to prove, but they matter a lot. They’re about more than just money. They’re about holding people and systems accountable.

Lawyers who handle civil rights cases work hard to uncover the truth, stand up for clients, and help make change happen.

What You Can Do to Help Your Case

Even though your lawyer does most of the legal work, there are simple things you can do to help:

• Keep all your medical records

• Go to your doctor visits

• Write down how you feel each day

• Be honest about your injuries

• Don’t post about the case online

• Stay in touch with your lawyer

Your case is a team effort. The more you help, the stronger your case becomes.

Real Client Story

“I was hit by a delivery truck while walking across the street. The company wouldn’t take responsibility. Their insurance offered me almost nothing. I didn’t know what to do. A friend told me to call a lawyer. I did, and they were amazing. They filed a lawsuit, gathered all the proof, and stood by me the whole way. It took a while, but we won. That money helped me pay for surgery, rehab, and getting back on my feet.”

— Melissa G., Glendale, CA

Will Filing a Lawsuit Ruin Someone’s Life?

Some people worry that filing a lawsuit is mean or unfair. But if you’ve been seriously hurt, the lawsuit isn’t about revenge—it’s about fairness.

In most cases, the money comes from insurance, not the person directly. Filing a lawsuit helps you get what you need to recover. It also helps stop the same thing from happening to someone else.

Final Thoughts

Filing a lawsuit might sound scary, but it’s really just a way to stand up for yourself. When you’ve been hurt and the other side won’t take responsibility, a lawsuit gives you a chance to be heard.

You don’t have to know all the rules. You don’t have to fight alone. Serious injury lawyers know the process, and they’ll guide you every step of the way.

If you’re thinking about filing a lawsuit, talk to a lawyer you trust. Let them look at your case and give you honest advice. You deserve to know your rights—and you deserve to be treated with respect.