How to File a Lawsuit Against a Company? Step-by-Step Guide to Civil Litigation, Jurisdiction Requirements, and When You Need an Attorney
Filing a lawsuit against a company requires determining the correct court based on jurisdiction and claim amount, drafting a complaint that meets pleading standards under Federal Rule of Civil Procedure 8, paying filing fees, serving the defendant with legal papers, and navigating discovery and pre-trial processes—but most individuals should consult an attorney before filing to ensure compliance with procedural rules and evaluate whether litigation is the appropriate remedy.
Approximately 15 million civil lawsuits are filed in state courts annually according to the National Center for State Courts, with breach of contract, personal injury, and employment disputes ranking as the most common claims against businesses.
How the Law Works
Understanding Jurisdiction and Which Court to File In
Jurisdiction—the legal authority a court has to hear your case—depends on where the company operates, where the injury occurred, or where the contract was formed. Courts need two types of jurisdiction: subject matter jurisdiction and personal jurisdiction over the defendant.
State courts handle most lawsuits because they have authority over state law claims and most federal law issues. Federal courts hear cases involving federal questions under 28 U.S.C. § 1331 or diversity jurisdiction under 28 U.S.C. § 1332 when parties are from different states and the amount exceeds $75,000.
Small claims court offers a simplified alternative for disputes under specific dollar thresholds—typically $5,000 to $25,000 depending on state. Many states prohibit attorneys in small claims proceedings, making it accessible for individuals representing themselves.
Statute of Limitations: Why Deadlines Matter
Every legal claim has a statute of limitations—an absolute deadline for filing. Missing this deadline permanently bars your claim, even if it’s valid. Contract claims typically have 3-6 year deadlines varying by state, personal injury claims usually allow 2-3 years, and product liability claims often provide 2-4 years from injury discovery.
The clock starts running from the date of injury, breach discovery, or harm occurrence depending on state law and claim type. Some states allow “tolling” (pausing the deadline) in limited circumstances such as defendant absence from the state or plaintiff minority, but these exceptions are narrow.
Pleading Requirements Under Federal Rules of Civil Procedure
Federal Rule of Civil Procedure 8 requires complaints contain a short, plain statement of grounds for jurisdiction, the claim showing entitlement to relief, and the relief sought. This “notice pleading” standard contrasts with more detailed “fact pleading” required in some contexts.
Your complaint must identify the defendant company correctly—including its full legal name, incorporation state, and principal place of business. Failure to name the proper defendant can result in dismissal and potentially lost statute of limitations protections.
Common Scenarios
Breach of Contract Claims
In typical breach of contract scenarios, consumers discover a company failed to deliver promised services or goods. The consumer must file suit in the state where the contract was formed or where the company is located, within the statute of limitations (typically 3-6 years for written contracts, 2-4 years for oral contracts).
The complaint must identify the company, describe contract terms, explain how the company breached, and specify damages sought. Supporting documentation like signed agreements, invoices, and correspondence strengthens your claim.
Product Liability and Personal Injury
When individuals are injured by defective products, they may file product liability claims in the state where injury occurred. Claims must be filed within the statute of limitations (often 2-3 years from injury) and allege the product was defective, the defect caused injury, and the defendant company is responsible.
These cases often require expert testimony about defect nature and causation, making attorney representation particularly valuable. Similar to the T-Mobile class action lawsuits, which addressed data breach injuries, product liability claims may proceed as class actions when many people suffer similar harm.
Small Claims Court for Lower-Value Disputes
Small claims court provides faster, less expensive dispute resolution for claims below state dollar limits. A consumer with a $5,000 dispute over faulty repairs files in local small claims court without an attorney, following simplified procedures and paying modest filing fees.
Cases are decided by judges within weeks or months rather than years. However, small claims court isn’t appropriate for complex litigation or claims exceeding jurisdictional limits.
What People Get Wrong
Many believe they can sue without understanding jurisdiction and venue requirements—filing in the wrong court results in dismissal. The statute of limitations isn’t flexible or negotiable; it’s an absolute deadline that courts rigorously enforce.
Some assume filing a lawsuit is simple and inexpensive. In reality, federal court filing fees typically range $402-$505, state court fees vary $100-$500, and litigation requires substantial time investment for discovery, motions, and trial preparation.
Winning a judgment doesn’t automatically result in payment. After obtaining judgment, you must collect it—a separate process that may involve garnishing wages, seizing assets, or placing liens on property.
What to Do If This Applies to You
Identify your claim type (breach of contract, product liability, employment dispute, fraud) and research the applicable statute of limitations immediately. Missing this deadline permanently bars your claim regardless of merit.
Determine the correct court by identifying where the company is incorporated or conducts business, whether your claim involves federal law or diversity jurisdiction, and whether the amount falls within small claims limits. The U.S. Courts website (www.uscourts.gov) provides comprehensive federal court jurisdiction information.
Gather all relevant documents—contracts, correspondence, receipts, photographs, medical records, witness statements—to support your claim. Document everything related to your dispute and attempts to resolve it before filing.
Understand that filing requires drafting a complaint meeting pleading standards, paying court fees, and properly serving the defendant. Federal Rule of Civil Procedure 4 governs service requirements, typically requiring personal delivery or certified mail to the company’s registered agent.
Explore alternative dispute resolution options including mediation, arbitration, and settlement negotiation. Many courts require mediation before trial, and these processes often resolve disputes faster and less expensively than litigation.
When to Consult an Attorney
Consult an attorney before filing any lawsuit. Attorneys evaluate whether you have viable claims, identify applicable statute of limitations deadlines, confirm you’re filing in the correct court, and determine whether litigation is appropriate for your situation.
Many attorneys offer free initial consultations. Some work on contingency—taking a percentage of any settlement or judgment rather than upfront fees. State bar associations and legal aid organizations help find qualified representation.
For straightforward small claims matters below $10,000, self-representation may be viable. For complex cases involving substantial damages, federal court jurisdiction, or significant legal questions, attorney representation dramatically improves your chances of success. The Progressive class action lawsuits, which resulted in $159 million in settlements, demonstrate how attorney-led litigation achieves substantial compensation for injured consumers.
Frequently Asked Questions
How do I know which court to file my lawsuit in?
File in courts with both subject matter jurisdiction (authority over your claim type) and personal jurisdiction (authority over the defendant company). State courts handle most cases. Federal courts require federal questions or diversity jurisdiction with amounts exceeding $75,000. Small claims court applies when damages fall below state limits, typically $5,000-$25,000.
What is the statute of limitations for suing a company?
Deadlines vary by state and claim type. Contract claims typically allow 3-6 years, personal injury claims 2-3 years, product liability 2-4 years. The deadline starts from injury date, breach discovery, or harm occurrence depending on state law. Missing this deadline permanently bars your claim—consult an attorney immediately to verify your specific deadline.
Do I need an attorney to file a lawsuit?
While not legally required, attorney representation is highly recommended for most cases. Attorneys navigate complex procedural rules, ensure compliance with Federal Rules of Civil Procedure, and maximize recovery chances. For simple small claims matters below $10,000, self-representation may be viable. For complex cases or substantial damages, attorneys are essential.
What happens after I file a complaint?
The court issues a summons, and you must serve the defendant following Federal Rule of Civil Procedure 4 requirements. The defendant has 21 days (federal court) or varies by state to file an answer. Cases then enter discovery—exchanging documents, interrogatories, depositions, and requests for admission. Pre-trial motions and settlement negotiations often resolve cases before trial.
How much does it cost to file a lawsuit?
Federal court filing fees range $402-$505. State court fees vary $100-$500 depending on jurisdiction and claim type. Small claims court charges $20-$100. Additional costs include service fees, deposition costs, expert witness fees, and attorney fees if you hire representation. Some courts allow in forma pauperis filings for indigent plaintiffs unable to pay fees.
Can I join a class action lawsuit instead of filing individually?
If many people suffered similar harm from the same company conduct, class action lawsuits may already exist. You’re automatically included if you meet class criteria once courts certify the class—no action required during initial stages. Monitor settlement websites for claim filing opportunities. Individual lawsuits make sense when your damages substantially exceed typical class action payments, as seen in the Facebook class action lawsuit, which paid average $30-42 per claim from a $725 million settlement.
Last Updated: January 18, 2026
Disclaimer: This article is for informational purposes only and does not constitute legal advice; consult an attorney for guidance on your specific situation.
CTA: Understand your statute of limitations deadline, identify the correct court for your claim, gather supporting documentation, explore alternative dispute resolution, and most importantly, consult an attorney before filing to protect your legal rights.
Stay informed, stay protected. — AllAboutLawyer.com
Citations and Official Sources
- Federal Rules of Civil Procedure – Rule 8 (General Rules of Pleading), Rule 4 (Service of Process), Rule 11 (Signing Pleadings), Rule 26 (Discovery). Available at www.uscourts.gov
- 28 U.S.C. § 1331 – Federal Question Jurisdiction statute
- 28 U.S.C. § 1332 – Diversity Jurisdiction statute (parties from different states, amount exceeding $75,000)
- U.S. Courts Official Website – www.uscourts.gov – Federal civil procedure and jurisdiction information
- National Center for State Courts – State court statistics and civil litigation data
- State Bar Associations – Attorney referral services and procedural guidance (varies by state)
- State Small Claims Court Resources – Jurisdiction limits and procedures (varies by state; typically found on state court system websites)
- State Statutes of Limitations – Vary by state and claim type; consult state-specific civil procedure codes
About the Author
Sarah Klein, JD, is a licensed attorney and legal content strategist with over 12 years of experience across civil, criminal, family, and regulatory law. At All About Lawyer, she covers a wide range of legal topics — from high-profile lawsuits and courtroom stories to state traffic laws and everyday legal questions — all with a focus on accuracy, clarity, and public understanding.
Her writing blends real legal insight with plain-English explanations, helping readers stay informed and legally aware.
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