STEP 1 - Evaluate your Case
You should first contact an attorney to determine if you have a case.  Unfortunately, not everything bad thing that happens to you may be grounds for a lawsuit.  An attorney can tell you if your case represents a legal claim and if your personal injury or property damage is severe enough to make it worth while to pursue the party in court.  Every state has detailed rules of procedure that govern the process of a trial and most non-lawyers are not equipped to comply with them on their own.

STEP 2 – Prepare the Complaint
Every court action commences with the filing of a complaint and an attorney is best prepared to help you determine the correct information that must go on your complaint.  If you do not have an attorney this is the information that you most likely will be required to provide the court in your initial complaint:
1)  Identify yourself and the person you are suing (defendant or respondent).
2)  What type of lawsuit you are filing; some states only require that you state the type of action (personal injury, property damage, divorce) while other states require specific facts be stated on the complaint.
3)  The amount of damages you are suing for.
4)  If you are entitled to a jury you may be required to request a jury trial on the complaint. In other states you may have to file a separate jury request form.

STEP 3 – Determine the Correct Court
Some jurisdictions have a general trial court that covers all civil complaints.  Other jurisdictions have courts that handle only specific complaints, such as Family or Juvenile Court. Complaints must be filed with the correct court or else they may be dismissed.  If you have an attorney representing you they will know with which court to file the complaint.  If you are representing yourself you should ask the court clerk where you should file the form, or the name of the appropriate court may be listed on the form as well.

STEP 4 – File the Complaint
When the complaint is filed most states require the plaintiff to provide three or more copies of the complaint and summons.  A summons is a court order requiring a party to answer a complaint and appear before the court.  The clerk will stamp all of your copies and give you back at least two, one for yourself and one for service on the other party. 

STEP 5 – Pay the Court Costs
When a complaint is filed the clerk will require that you pay the appropriate court costs.  If you are indigent you may ask the court to waive the fees, which may be included on the complaint form or may require a separate form.

STEP 6 - Serve a Copy of the Lawsuit on the Defendant
It is the plaintiff’s responsibility to serve all of the other parties to the lawsuit.  Serving the other party means giving them a physical copy of the complaint you filed as well as the summons.  A summons is a court order requiring a party to answer a complaint and appear before the court.  In most states you may serve the other party through the mail or by having another person serve the defendant in person.  In some jurisdictions you may pay a fee to have the Sheriff serve the opposing party.  Most states do not allow the plaintiff to personally serve the defendant.

STEP 7 - Proof of Service
After the defendant has been served most states require the plaintiff submit a “proof of service” with the court.  In this document the person who served the defendant must attest to the service, how and when the other party was served.  The proof of service may be a part of the complaint or may be a separate document.

STEP 8 – Consider Alternative Dispute Resolution
Once the lawsuit is filed you do not have to go forward with it, you may choose an alternative dispute resolution process.  If both parties agree, your case can be decided by an arbitrator, mediator or by binding negotiations.  A benefit is these methods are less expensive and time consuming than going to court.  You may also still be entitled to have an attorney represent you.

If you are contemplating filing a complaint you should speak to an attorney even if you do not think you need one.  Not only can an attorney can help you determine if you have a claim but can suggest a method to resolve the dispute without having to resort to filing a lawsuit to begin with.  Sometimes if the other party knows you have contacted an attorney that is enough to convince them to settle the matter with you.