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 Print this Page Civil Litigation - Filing a ComplaintNorthern California Civil Litigation InformationA lawsuit is usually initiated with the filing of a Complaint by an aggrieved or injured party. Whoever files the Complaint is the plaintiff. Whoever is sued is a defendant. Plaintiffs must be aware of several things before filing a lawsuit. Plaintiffs must be sure to file a Complaint in a timely manner in order to avoid any applicable statutes of limitation. A statute of limitations is a law which prescribes the period of time within which a Complaint must be filed. For example, a claim for personal injuries after an auto accident must be filed within two years of the accident if the defendant is a private entity. Otherwise, the right to sue is lost. There are many different statutes of limitations for various types of legal claims, and it is therefore very important to consult an attorney as soon as possible if you are considering initiating a lawsuit. Plaintiffs must also be aware of pre-lawsuit procedures that may be necessary for certain claims. For example, if you have been injured by a public entity, then you must first present a "government tort claim" to the appropriate government entity on a timely basis before you have the right to commence your lawsuit. Moreover, there are additional deadlines and procedures for presenting a government tort claim which, if not met, will result in the loss of your right to sue. Therefore, it is important to consult an attorney as soon as possible to preserve your right to file a lawsuit. Depending upon the claim, there are many other pre-lawsuit procedures which may apply. Finally, if you are contemplating the filing of a Complaint, then you should be aware that anything you say, write or do may be used against you later. Consultations with your attorney are absolutely privileged and confidential, however conversations and correspondence with others are not. There are some limited exceptions to this; for example, communications with your spouse can be privileged and confidential. < Previous | Index | Forward >
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