What is a complaint in a lawsuit?
A complaint is the written document that starts a civil lawsuit. Filed by the plaintiff, it tells the court why it can hear the case, what the defendant allegedly did wrong and what the plaintiff wants. In an injury case, filing the complaint is the step that turns an insurance claim into a lawsuit.
Last checked November 9, 2026 · Official sources (5)
What does a complaint say in an injury case? An example
EXAMPLE ONLY. After a fall on a wet grocery store floor in Orlando, Teresa's claim stalls at $4,000 against $18,000 in bills. Her complaint runs about eight pages, in numbered paragraphs:
- Who the parties are: Teresa, and the company that runs the store.
- Why this court can hear the case.
- What happened: the date, the aisle, the puddle with no warning sign, the fall.
- Why the store is responsible: it knew or should have known about the spill.
- Her injuries and losses: a broken wrist, surgery, missed work.
- What she asks for: money damages and court costs.
The complaint makes claims, not proof. Evidence comes later, in discovery and at trial.
Why does filing a complaint matter after an injury?
Filing it is what beats the statute of limitations. A civil action is commenced by filing a complaint, so a complaint filed one day before the deadline counts and one filed a day late may not. It also changes the tone of settlement talks. The insurer now has a lawyer, a court schedule and a reason to look at the file again.
Filing has costs: a filing fee, a public record and a process that can take a year or more. That is why many claims settle before a complaint is ever filed.
Is it called a complaint or a petition in my state?
In federal court and in states such as Arizona, California and Florida, the first document is a complaint. Texas district and county courts call it a petition, so a Texas lawsuit starts with something like Plaintiff's Original Petition. It does the same job.
Civil complaint vs. criminal complaint vs. insurance complaint
A criminal complaint is a sworn document filed by the government, not by you. A complaint to your state insurance department is a consumer grievance about how an insurer is treating you. Neither one is a lawsuit, and neither stops your deadline to sue. If you are unsure which one you have, look for a case number issued by a court.
Questions
Who files the complaint?
The plaintiff, usually through a lawyer. It is filed with the court clerk and then served on the defendant along with a summons.
Does filing a complaint mean the case goes to trial?
No. Most injury lawsuits still settle. Filing keeps the claim alive and puts it on a court schedule.
How long is an injury complaint?
Often only a few pages. Federal rules ask for a short and plain statement of the claim showing a right to relief.
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- U.S. Courts, Glossary of Legal Terms, checked 2026-11-09. “A civil complaint is a written statement filed by a plaintiff initiating a case, stating the jurisdiction of the court to resolve the legal dispute, the wrongs allegedly committed by the defendant, and the requested relief.”
- Fed. R. Civ. P. 3, checked 2026-11-09. “A civil action is commenced by filing a complaint with the court.”
- Fed. R. Civ. P. 8(a)(2), checked 2026-11-09. “a short and plain statement of the claim showing that the pleader is entitled to relief”
- Tex. R. Civ. P. 22, checked 2026-11-09. “A civil suit in the district or county court shall be commenced by a petition filed in the office of the clerk.”
- U.S. Courts, Glossary of Legal Terms, checked 2026-11-09. “A criminal complaint is a sworn document filed by the government, alleging a crime has been committed”