Drafting the Legal Complaint: The First Step Toward Justice

After a car accident, you may decide to pursue a personal injury lawsuit if a fair settlement isn’t reached. The first official step in that process is called drafting the complaint — and while your attorney handles the details, it's helpful to understand what it means and why it matters.

What Is a Legal Complaint?

A complaint is the formal document your attorney files to begin your case in court. It lays out the core of your claim — what happened, why the other party is at fault, and what kind of compensation you're seeking.

This document does not need to prove everything up front, but it must clearly outline:

• Who the parties are (you and the defendant)
• Where and why the case is being filed
• What happened — a timeline of facts
• What laws were violated
• What damages you're claiming (like medical bills, lost wages, and pain and suffering)

Why the Complaint Matters

The complaint sets the tone for the entire case. It tells your story in legal terms, backed by facts, and puts the defendant (and their insurance company) on notice. Once filed, it starts a legal clock — and the case officially begins.

What Goes Into Drafting It?

Your attorney gathers all the necessary information and prepares the complaint carefully. This may involve:

• Reviewing crash reports, medical records, and witness statements
• Clearly connecting the facts to specific legal claims (like negligence)
• Calculating a starting estimate of damages
• Ensuring the document meets all court rules and formatting standards

Once the complaint is drafted, it’s filed with the court — and the next step is serving the defendant, which makes sure they officially receive a copy.

You Don’t Need to Handle This Alone

Drafting a legal complaint is just one step in a larger process — but it’s a critical one. Having an attorney ensures it’s done correctly, clearly, and in a way that gives your case a strong foundation.

Want to better understand what happens after the complaint is filed?

Learn about Serving the Defendant →
Return to The Legal Process Overview →