{"id":352984,"date":"2016-04-04T10:46:31","date_gmt":"2016-04-04T15:46:31","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/injury\/accident-injury-law\/starting-a-lawsuit-initial-court-papers.html"},"modified":"2025-09-26T09:44:36","modified_gmt":"2025-09-26T14:44:36","slug":"starting-a-lawsuit-initial-court-papers","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/injury\/accident-injury-law\/starting-a-lawsuit-initial-court-papers.html","title":{"rendered":"Starting a Personal Injury\u00a0Lawsuit: The Complaint and Other Court Documents"},"content":{"rendered":"\n
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Starting a Personal Injury Lawsuit: The Complaint and Other Court Documents<\/h1>\n\n
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\n By Hannah Hilst<\/a> | Legally reviewed by Jordan Walker, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

A personal injury case officially becomes a lawsuit when you file a complaint with the court. The other party may respond to the complaint in several ways. This phase of the claims process sets the stage for litigation.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

After a car accident, medical malpractice, or another type of injury scenario, you may decide to bring your claim to civil court. The injured party who files the lawsuit is the plaintiff. The person or entity being sued is the defendant. Both sides will complete a few pre-trial steps to prepare for court.<\/p>\n

This article provides an overview of starting a personal injury lawsuit, including how to file a complaint and other initial court documents. It also discusses answers to complaints, counterclaims, and third-party complaints. A personal injury lawyer<\/a> can review your case and, if necessary, help you file your petition with the proper court.<\/p>\n

The Initial Consultation<\/h2>\n

Before starting a personal injury claim, it’s\u00a0a good idea to learn what to expect and to try to calculate your chances of winning. A free case evaluation with a\u00a0personal injury lawyer<\/a>\u00a0can be helpful.<\/p>\n

At the\u00a0initial meeting<\/a>, your attorney can begin to assess the strength and challenges of your claim. They can use a demand letter to help determine whether you may succeed in\u00a0settlement negotiations<\/a>\u00a0with the insurance company or at-fault party. If a lawsuit is needed, your lawyer can guide you through the initial paperwork and represent you in court.<\/p>\n

The legal papers you file in court at the beginning of a case are called\u00a0pleadings<\/a>. Pleadings explain to the court what your position is with respect to your case. Filing a complaint and other court documents is just the\u00a0beginning stage of a lawsuit<\/a>. Still, the pleadings set the stage for the rest of your lawsuit.<\/p>\n

Filing a Personal Injury Complaint<\/h2>\n

The\u00a0complaint, or petition, is usually the first document you file when you\u00a0bring a lawsuit<\/a>. The complaint provides an outline of your case against the defendant.<\/p>\n

The complaint:<\/p>\n