The Basics of Filing a Lawsuit: Purpose and Outcomes

At Morgan & Morgan, we believe that understanding your rights is the first step toward achieving justice. If you’ve been wronged, whether through personal injury, breach of contract, discrimination, or other injustice, you may be entitled to legal recourse through the civil court system. 

But for many, the process of filing a lawsuit can seem confusing or intimidating.

That’s okay. In fact, people who file a lawsuit on their own are vulnerable to common pitfalls and mistakes, where they can end up losing their ability to seek justice.

The good news is you can have an experienced attorney file a lawsuit on your behalf. Morgan & Morgan can help you navigate the legal journey from start to finish, whether you’re seeking compensation for an injury or accountability from a corporation, and we do it without any upfront fees. That’s right—the Fee Is Free®, and you only pay if we win your case (using a portion of the money you recover from your lawsuit).

Hiring one of our lawyers is easy, and you can get started in minutes with a free case evaluation.

What Is a Lawsuit?

A lawsuit is a formal legal dispute between two or more parties brought before a court. It typically involves one party, the plaintiff, seeking compensation or relief from another party, the defendant, for harm caused by negligence, wrongdoing, or failure to meet a legal obligation.

There are many types of lawsuits, but most fall into two categories:

• Civil lawsuits, where the plaintiff seeks monetary compensation or specific performance (e.g., the fulfillment of a contract).
• Criminal cases, which are prosecuted by the state and not covered in this article.

At Morgan & Morgan, we specialize in civil litigation, and many of our clients come to us for help with personal injury claims, employment disputes, consumer protection, medical malpractice, class actions, and more.

Why Do People File Lawsuits?

People file lawsuits for a variety of reasons. Common motivations include:

Compensation for Losses

This is often the most direct reason for filing. If you’ve been injured in a car accident, experienced medical negligence, or suffered damages due to a defective product, a lawsuit can help you recover financial compensation for:

• Medical bills
• Lost wages
• Pain and suffering
• Property damage
• Future care or loss of earning capacity
  
   

Holding Wrongdoers Accountable

Sometimes, lawsuits are filed not just for money, but to send a message. Legal action can expose negligence, unethical behavior, or corporate misconduct, pushing organizations or individuals to take responsibility and change their practices.

Seeking Justice and Closure

For many, the legal process isn’t only about money; it’s about justice. Filing a lawsuit can provide a sense of resolution, empowerment, and closure, especially when wrongdoing has gone unaddressed.

Preventing Future Harm

Litigation can also be a tool for public safety. Product liability lawsuits, for instance, may lead to recalls that prevent others from being injured. Similarly, class actions can highlight widespread issues and force systemic changes.

When Should You File a Lawsuit?

Filing a lawsuit is a serious step. While every case is different, here are some signs that legal action may be necessary:

• You've suffered significant harm—physically, emotionally, or financially.
• The other party is refusing to take responsibility or offer fair compensation.
• Insurance companies are denying your claim or offering an inadequate settlement.
• You’ve tried negotiation or mediation, but the dispute remains unresolved.
• Your legal rights have been violated, such as through workplace discrimination, unpaid wages, or consumer fraud.
   

It's also important to consider timing. Each type of lawsuit has a statute of limitations, or a deadline by which you must file. These deadlines vary by state and claim type. Missing them could bar you from seeking compensation altogether.

What Are the Steps in a Lawsuit?

While no two lawsuits are exactly alike, most follow a similar path. Here’s a simplified overview of the key steps:

1. Consultation With an Attorney

The first step is to meet with a qualified attorney to discuss your case. At Morgan & Morgan, we offer free, no-obligation case evaluations to help you understand your legal options.

2. Investigation and Case Building

If we take your case, our legal team will begin gathering evidence. This might include:

• Medical records
• Police reports
• Photographs
• Witness statements
• Expert testimony

We’ll also calculate the value of your damages to ensure we pursue full compensation on your behalf.

3. Filing the Complaint

The lawsuit officially begins when your attorney files a complaint in civil court. This legal document outlines your claims, names the defendants, and sets the litigation in motion.

4. Service of Process

The defendant must be formally notified of the lawsuit. Once served, they typically have a limited time (often 30 days) to respond.

5. Pre-Trial Proceedings and Discovery

During this phase, both sides exchange information through discovery, which includes:

• Written questions (interrogatories)
• Document requests
• Depositions (recorded interviews under oath)

Pre-trial motions may also be filed, such as motions to dismiss or motions for summary judgment.

6. Settlement Negotiations

Many lawsuits are resolved without going to trial. Settlement negotiations can happen at any stage and often involve back-and-forth offers. Your attorney will advocate for a fair deal and advise whether to accept, reject, or counter any proposals.

7. Trial

If a settlement isn’t reached, the case proceeds to trial. This can be before a judge (bench trial) or a jury. Both sides present evidence and make arguments, and a verdict is issued.

8. Post-Trial Actions

Even after a verdict, there may be appeals, motions for a new trial, or efforts to collect on a judgment. Our team stands by your side every step of the way.

What Are the Possible Outcomes of a Lawsuit?

When you file a lawsuit, there are generally a few ways your case might resolve:

Settlement

This is the most common outcome. Settlements offer a quicker, more private resolution. Both parties agree on a compensation amount, and the case ends without trial.

Trial Verdict in Your Favor

If your case goes to trial and the court rules in your favor, you may be awarded compensatory damages and, in some cases, punitive damages (intended to punish extreme misconduct).

Trial Verdict for the Defendant

If the court finds the defendant not liable, you may not receive compensation. However, your attorney will explore post-trial options, including appeals.

Dismissal

A judge may dismiss a case before trial if there are legal grounds, such as a lack of evidence or procedural errors. In some cases, the lawsuit can be refiled.

What Can You Sue For?

The types of lawsuits Morgan & Morgan handles span a wide range. Common categories include:

Personal Injury

Personal injury lawsuits seek compensation for accidents caused by someone else’s negligence, such as:

• Car, truck, or motorcycle accidents
• Slip and falls
• Medical malpractice
• Dog bites
• Premises liability
  
   

Employment Law

When employers break federal or state laws meant to protect workers, those workers have legal grounds to file a suit for:

• Wrongful termination
• Unpaid wages and overtime
• Workplace discrimination or harassment
• Retaliation
  
   

Consumer Protection

When manufacturers, retailers, or other businesses put consumers in danger, lawsuits can be filed for any of the following:

• Defective products
• False advertising
• Data breaches
• Class action lawsuits

How Much Does It Cost to File a Lawsuit?

One of the biggest concerns for potential plaintiffs is the cost of legal action. At Morgan & Morgan, we believe that everyone deserves access to justice, regardless of their financial situation.

That’s why we work on a contingency fee basis. This means you pay nothing upfront, and we only get paid if we win. Our fee is a percentage of your settlement or award.

This model ensures that our interests are aligned with yours, and that you can pursue justice without financial risk.

How Long Does a Lawsuit Take?

There’s no one-size-fits-all answer. The timeline depends on several factors, including:

• The complexity of the case
• The willingness of parties to settle
• Court schedules
• Discovery length

Some cases may settle in a matter of months, while others, especially those that go to trial, can take a year or more. Rest assured, Morgan & Morgan will keep you informed at every stage.

How Morgan & Morgan Can Help

Filing a lawsuit is more than just paperwork—it’s about fighting for your future. At Morgan & Morgan, we bring over 35 years of experience and a track record of success, including over $25 billion recovered for clients.

As the country’s largest personal injury law firm with law offices in every state, your lawsuit can benefit from our nationwide resources while still having a local, personalized focus.

We’re here to make the process less daunting and more empowering. We handle the heavy lifting, so you can focus on healing, recovery, and peace of mind.

Filing a lawsuit may seem like a last resort, but for many, it’s a vital step toward justice, accountability, and recovery. Whether you’ve suffered a serious injury, been mistreated at work, or had your consumer rights violated, you don’t have to face it alone.

If you believe you have a case, contact us today for a free case evaluation to learn more about your legal options.