Quick answer: A lawsuit is a civil case in which one person or organization (the plaintiff) asks a court to resolve a dispute with another (the defendant). The court can order money damages, order someone to act or stop acting, or declare who is right. Most lawsuits end in a settlement before trial.
Key takeaways
- A lawsuit starts when the plaintiff files a complaint and serves the defendant.
- Most civil lawsuits seek money, but courts can also issue orders called injunctions.
- Civil cases are different from criminal cases, where the government prosecutes a crime.
- A defendant who is served has a short deadline to respond, often 21 days in federal court.
- Class actions and mass torts are special ways many people can sue over the same harm.
What a lawsuit means in plain English
A lawsuit is a formal legal dispute that is decided by a court instead of by the people involved. One side says it was harmed or wronged. The other side disagrees. A judge, and sometimes a jury, decides who is responsible and what the remedy should be.
Most lawsuits are civil, which means they deal with private disputes such as injuries, unpaid debts, broken contracts or discrimination. A criminal case is different because the government brings it to punish a crime. You can face both for the same event. A car crash caused by a drunk driver, for example, can lead to criminal charges and a separate civil lawsuit for injuries.
Who is involved in a lawsuit
The plaintiff files the case and carries the burden of proving it. The defendant is the person or company being sued. Our guide to plaintiff vs defendant explains each role in more detail. Courts also use standard definitions of a plaintiff that apply across civil cases.
Common types of lawsuits
- Personal injury: claims for harm from accidents, unsafe products or negligence. See our guide to the personal injury statute of limitations.
- Wrongful death: claims by family members after a fatal incident. Read about wrongful death deadlines.
- Contract and business disputes: unpaid invoices, broken agreements and partnership fights.
- Employment: discrimination, retaliation and wage claims.
- Debt collection: a collector sues over an unpaid account. Learn how to get a debt lawsuit dismissed.
- Class actions: one case brought for a large group. See what a class action lawsuit is.
How a lawsuit works, step by step
- Complaint filed. The plaintiff files a document that states the facts, the legal claims and the relief sought. Our step by step guide to filing a lawsuit covers this stage.
- Service. The defendant must be formally given the summons and complaint.
- Response. In federal court a defendant generally has 21 days after being served to answer. State deadlines vary.
- Discovery. Both sides exchange evidence through documents, written questions and depositions.
- Motions. Either side can ask the judge to dismiss the case or decide it without a trial.
- Settlement or trial. Many cases settle. If not, a judge or jury issues a verdict.
- Appeal and collection. The losing side may appeal, and a winning plaintiff may still need to collect the judgment.
Wondering about timing? Our guide on how long a lawsuit takes breaks down each stage.
What a court can award
Courts can award compensatory damages to cover losses such as medical bills and lost income. They can award punitive damages in some cases to punish especially bad conduct. They can also issue an injunction, which orders a party to do something or stop doing it. A plaintiff does not automatically win any of these. The plaintiff has to prove the claim.
Do you need a lawyer?
You can represent yourself in most courts, and small claims courts are designed for that. For injury, employment and business cases, a lawyer usually helps because the rules of evidence and procedure are strict. Many injury lawyers work on contingency, which we explain in our personal injury lawyer cost guide.
Frequently asked questions
What is the difference between a lawsuit and a claim?
A claim is a demand for compensation, often made to an insurance company. A lawsuit is a case filed in court. Many claims settle without ever becoming lawsuits.
Can anyone file a lawsuit?
Generally yes, but the plaintiff must have a legal claim, file in the right court and meet the deadline, called the statute of limitations. Courts can dismiss weak or late cases.
Does every lawsuit go to trial?
No. Most civil cases settle or are dismissed before trial. Trials are the exception.
What happens if I ignore a lawsuit?
The plaintiff can ask for a default judgment, which means the court rules against you without hearing your side. Read our guide on whether you can be sued for what to do after you are served.
What is the difference between a lawsuit and a class action?
A regular lawsuit involves named parties. A class action lets one or a few people sue on behalf of a large group with similar claims. See our guide on how to start or join a class action lawsuit.
This article is general information, not legal advice. Rules differ by state and court, so speak with a licensed attorney about your situation.