Glossary
Complaint
The document that starts a civil lawsuit. It names the parties, describes what happened and says what the person suing asks the court to award.
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 guide explains. When a claim does not settle, filing a complaint before the Statute of limitations. The law that sets the last day to file a lawsuit. After it passes, a court will usually dismiss the case, however strong it is. Glossary 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. Formally delivering the summons and complaint to the person being sued, in a way the court's rules allow, so they know about the lawsuit and can respond. Glossary. 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 walks through each step.
Example#
Related terms#
Questions people ask
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 — complaint and answer
- Cornell LII, Federal Rules of Civil Procedure, Rule 4 — service of the summons and complaint
- Cornell LII, Federal Rules of Civil Procedure, Rule 12(a)(1)(A) — as of October 2026
- BJS, Tort Bench and Jury Trials in State Courts, 2005 (NCJ 228129) — as of November 2009
Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.
Keep reading
- GlossaryGlossaryShort, plain-English definitions of the legal and insurance terms that come up after a crash, each with an example, related terms and the sources behind it.
- The claim processFiling a lawsuitWhy some car accident claims become lawsuits, the deadline that controls everything, the stages from complaint to trial, how rarely cases reach a verdict, and…
- The claim processThe claim processFrom the police report and medical records to insurer calls, the demand letter, negotiation, a lawsuit and trial, with the deadlines that apply at each stage.
- GlossaryDemand letterA letter that lays out the facts, injuries and losses in a claim and asks the insurer to pay a stated amount.
- GlossaryLienA legal claim on part of your settlement by someone who paid for your care, such as a hospital, health plan or Medicare.
- GlossarySettlementAn agreement to resolve a claim for an agreed payment, usually in exchange for giving up the right to sue.