# Complaint

> A complaint is the court document that starts a civil lawsuit. It names the parties, describes the crash and says what the injured person asks for.

Canonical page: https://accidentclaimfacts.com/glossary/complaint/  
Last reviewed: October 29, 2026 by the Accident Claim Facts editorial team  
General information, not legal advice. Talk to a licensed attorney in your state.

## Quick answer

A complaint is the document that starts a civil lawsuit. The person suing, called the plaintiff, files it with the court. It names the parties, describes what happened, explains why the defendant is legally responsible and says what the plaintiff asks the court to award.

## In a car accident claim

Most crash claims settle without a lawsuit, as the [claim process](https://accidentclaimfacts.com/claim-process/) guide explains. When a claim does not settle, filing a complaint before the statute of limitations runs out is what keeps it alive. A complaint in a crash case usually describes the collision, the other driver's carelessness, the injuries and the losses, such as medical bills and lost pay.

Filing is only the first step. The complaint and a summons must be formally delivered to the defendant, a step called service of process. In federal court, if a defendant is not served within 90 days after the complaint is filed, the court must dismiss the case or set a new deadline, and a served defendant generally has 21 days to answer. Most crash cases are in state court, which sets its own deadlines. Our guide to [filing a lawsuit](https://accidentclaimfacts.com/claim-process/filing-a-lawsuit/) walks through each step.

## Example

> **Example:** Settlement talks stall a few months before the injury deadline in a driver's state. The driver's lawyer files a complaint naming the other driver, describing the crash and listing medical bills, lost wages and pain and suffering. The other driver's insurer hires a lawyer to file an answer, and settlement talks continue while the case moves forward.

## Related terms

- [Service of process](https://accidentclaimfacts.com/glossary/service-of-process/)
- [Statute of limitations](https://accidentclaimfacts.com/glossary/statute-of-limitations/)
- [Discovery](https://accidentclaimfacts.com/glossary/discovery/)
- [Venue](https://accidentclaimfacts.com/glossary/venue/)

## FAQ

### What is the difference between a complaint and an answer?

The complaint is the plaintiff's document that starts the case. The answer is the defendant's formal written response to it, which admits or denies each claim and sets out any defenses.

### Does filing a complaint mean the case will go to trial?

No. Many cases settle after a complaint is filed. In a federal study of state courts, only about 4% of tort cases ended in a trial.

## Sources

- [United States Courts, Glossary of legal terms](https://www.uscourts.gov/glossary) — complaint and answer
- [Cornell LII, Federal Rules of Civil Procedure, Rule 4](https://www.law.cornell.edu/rules/frcp/rule_4) — service of the summons and complaint
- [Cornell LII, Federal Rules of Civil Procedure, Rule 12(a)(1)(A)](https://www.law.cornell.edu/rules/frcp/rule_12), checked October 29, 2026
- [BJS, Tort Bench and Jury Trials in State Courts, 2005 (NCJ 228129)](https://bjs.ojp.gov/redirect-legacy/content/pub/pdf/tbjtsc05.pdf), checked November 1, 2009