How to Sue Someone for an Injury | Million Dollar Lawyer

Personal injury lawyer signing contracts

In short

Before you sue, make the insurance claim, put your demand in writing and find your deadline. A demand letter doesn't pause the deadline: most Michigan injury lawsuits must be filed within three years (MCL 600.5805(2), 600.5856).
The court depends on the amount. In Michigan, small claims hears claims up to $7,000 without lawyers, district court hears claims up to $25,000, and circuit court hears anything larger (MCL 600.8401, 600.8408(1), 600.8301(1), 600.605).
A lawsuit starts when you file a complaint and pay the fee, or get it waived. Then each defendant must be formally served: a Michigan summons expires 91 days after it's issued, and federal courts allow 90 days after filing (MCR 2.102(D); FRCP 4(m)).
Next come the answer, the exchange of evidence and settlement efforts such as mediation. Few cases reach a trial: in a 2005 national survey of state courts, about 4% of tort cases were resolved by one (Bureau of Justice Statistics).
You can handle the case yourself, get a lawyer's help with part of it, or hire one on contingency. In Michigan, that fee can't be more than one-third of the recovery after case costs, and the agreement must be in writing (MCR 8.121).

You were hurt because of someone else’s carelessness, and the insurance claim isn’t making it right. If you’re wondering whether you can take them to court, and where you’d even start, that’s normal. Here’s the short answer. Before you sue, you make the insurance claim, put your demand in writing and find your deadline. Then you choose the right court, file a complaint and have it formally delivered to the person or business you’re suing. After that come their answer, an exchange of evidence and settlement talks. Few injury cases reach a trial.

This guide covers the U.S. generally, with Michigan’s rules, current as of September 2026, in the boxes marked “In Michigan.” It’s part of our complete guide to personal injury claims.

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What are the steps to sue someone for an injury?

Step	What happens	In Michigan
1. Before you sue	The insurance claim, a demand letter and a deadline check	Most injury lawsuits: 3 years (MCL 600.5805(2))
2. Choose a court	Small claims or a regular trial court, in the right county	Small claims up to $7,000; district court up to $25,000; circuit court above that
3. File and serve	File the complaint, pay the fee or get it waived, and serve each defendant	The summons expires 91 days after it’s issued (MCR 2.102(D))
4. After you file	The answer, discovery, case evaluation or mediation, then a settlement or a trial	The answer is due in 21 or 28 days (MCR 2.108(A))
5. Decide who handles it	You, a lawyer for part of the case, or a lawyer, often on contingency	The fee can’t be more than one-third of the recovery after costs (MCR 8.121)
6. Collect	Payment by the defendant or their insurer, or court collection tools	Collection can generally start 21 days after the judgment (MCR 2.614(A)(1))

Step 1: What should you do before you sue?

Three things come first: the insurance claim, a written demand and your deadline. If you’re still deciding whether a lawsuit makes sense at all, see whether a personal injury lawsuit is worth it.

Make the insurance claim

After a crash, for example, the Texas Department of Insurance (TDI) advises filing a claim with the other driver’s insurer and telling your own. If the other side’s insurer won’t pay, ask for its reasons in detail and in writing (TDI). If the claim doesn’t settle, or your deadline gets close, a lawsuit is the next step. Before you accept any settlement, read the release: signing one is essentially giving up your right to sue over the injury (Cornell Law School’s Legal Information Institute, or LII). See what to say to an insurance adjuster.

Send a demand letter

A demand letter sets out the dispute and what you want the other side to do, which in an injury claim usually means pay. It opens negotiation, may say a lawsuit will follow if the claim isn’t resolved, and creates a paper trail that can help if anyone’s good faith or reasonableness is questioned later (LII). A clear one includes:

the date, the place and a short, factual account of what happened;
your injuries and treatment, with copies of your records and bills;
your other losses, such as lost pay, with proof;
the amount you’re asking for, and a reasonable date to respond.

Send it in a way you can prove, and keep a copy. A demand letter doesn’t stop the clock on your deadline (in Michigan, MCL 600.5856), and it doesn’t replace any formal notice the law requires.

Find your deadline first

A statute of limitations bars a claim once a set time has passed after the injury, and the time allowed depends on the state and the kind of claim (LII). Find yours before anything else; see injury deadlines by state. Deadlines change, too. As of September 2026, Florida allows two years for a lawsuit “founded on negligence,” down from four, for claims that arose after March 24, 2023, the day the change became law (Fla. Stat. § 95.11(5)(a); ch. 2023-15, §§ 3, 28, 31, Laws of Fla.).

In Michigan: Most injury lawsuits must be filed within three years of the injury, and the clock usually starts the day you're hurt, not when you learn how serious it is (MCL 600.5805(1), (2); 600.5827). Medical malpractice generally allows two years, and a written notice of intent generally must go to the provider at least 182 days before you sue (MCL 600.5805(8), 600.2912b(1)). A defective government road, sidewalk or public building needs written notice to the agency within 120 days (MCL 691.1401(c), 691.1404(1), 691.1406), and a claim against the State of Michigan needs a written claim or notice filed with the Court of Claims within six months (MCL 600.6431(4)). Demand letters and settlement talks don't pause the deadline; filing a lawsuit that is then served on time does (MCL 600.5856). See every Michigan injury deadline in one place.

Step 2: Which court should you file in?

The right court depends mainly on how much you’re asking for and where the injury happened. States usually have a small claims court or division for smaller amounts, and its limits and rules vary by state. A federal court can hear an injury claim based on state law mainly when the two sides are citizens of different states and more than $75,000 is at stake, not counting interest and costs (28 U.S.C. § 1332(a)).

In Michigan: small claims, district court or circuit court?

As of September 2026:

	Small claims	District court	Circuit court
Claims it hears	Money claims up to $7,000	Claims up to $25,000	Claims over $25,000
Lawyers	Not allowed	Allowed	Allowed
Jury	No	If demanded, for a $50 fee	If demanded, for an $85 fee
Discovery (the exchange of evidence)	None	Only with the court’s permission or both sides’ agreement	Yes
Filing fee	$25 to $65, plus a $5 e-filing fee	$150 for claims over $10,000 (less below that), plus $10	$150, plus $25

Sources: MCL 600.8401, 600.8408(1), 600.8411(2), 600.8420(1), 600.8301(1), 600.605, 600.8371(2)–(5), (9), 600.2529(1)(a), (c) and 600.1986(1); MCR 2.301(A)(2), (3).

Small claims, a division of the district court, can suit a minor injury claim. By staying there, though, both sides give up a lawyer, a jury, any amount over $7,000 and, except after a magistrate’s decision, any appeal, and the judgment bars a later lawsuit for the rest (MCL 600.8401, 600.8412, 600.8427; MCR 4.302(D)). Assault, battery and other intentional torts can’t be filed there (MCL 600.8424(1)). Before the trial starts, either side can move the case to the district court’s regular civil division, where lawyers can take part (MCL 600.8408(4)). Michigan Legal Help’s overview of small claims court explains the rest.

Which county?

This is called venue, and statutes set the rules for it (LII).

Step 3: How do you file and serve the lawsuit?

Write and file the complaint

A civil lawsuit begins when you file a complaint with the court (U.S. Courts; in Michigan, MCR 2.101(B)). The complaint describes your injury, explains how the defendant caused it, shows that the court has jurisdiction and asks the court for relief, which in an injury case means money (U.S. Courts).

In Michigan: Allegations must be clear, concise and direct, and the complaint states the facts your claim rests on and a demand for judgment. In an injury case, state the dollar amount if you're asking for $25,000 or less; above that, don't name an amount, and include allegations showing the claim is within the court's jurisdiction instead (MCR 2.111(A)(1), (B)). You sue the person or business responsible: their liability insurer can't be made a defendant (MCL 500.3030). Signing certifies that you've read the complaint, that after reasonable inquiry it's well grounded in fact and law, and that it isn't filed for an improper purpose, and a court must sanction a violation, which can mean paying the other side's resulting expenses (MCR 1.109(E)(5), (6)). Court forms don't exist for every kind of pleading, so you may have to draft the complaint yourself (Michigan Legal Help); small claims uses an affidavit and claim instead (MCL 600.8402(1)).

Pay the filing fee, or ask for a waiver

Courts charge a fee to file a lawsuit. If you can’t afford it, you can ask the court to waive it; in federal court, that’s a request to proceed in forma pauperis (U.S. Courts).

Serve the summons and complaint

Filing isn’t enough: each defendant must be formally given the summons and a copy of the complaint, which is called service. In federal court, anyone at least 18 who isn’t a party can serve them. If a defendant isn’t served within 90 days after the complaint is filed, the court must dismiss the case against that defendant or order service by a set time, and it must allow more time if you show good cause (FRCP 4(c)(2), 4(m)). You can also ask a defendant to waive formal service (FRCP 4(d)).

In Michigan: The clerk issues a summons when you file. It expires 91 days after it's issued, though if you ask before then and show you tried diligently to serve it, a judge can order a second summons good for up to a year from the first one's issue (MCR 2.102(A), (D)). A defendant still unserved when the summons expires is dismissed from the case (MCR 2.102(E)(1)).

Who serves: any legally competent adult who isn't a party, such as a friend or a process server (MCR 2.103(A); Michigan Legal Help).
How: hand the papers to the defendant, or send them by registered or certified mail, return receipt requested, delivery restricted to the defendant (MCR 2.105(A)). Companies and public bodies are served through the officers or agents the rule names (MCR 2.105(D), (G), (H)). If none of that works, ask the judge to approve another method (MCR 2.105(J)).
Proof: file a proof of service with the court; for service by mail, attach the return receipt the defendant signed (MCR 2.104(A), 2.105(A)(2); Michigan Legal Help).

Filing pauses your deadline to sue only if the summons and complaint are then served in time (MCL 600.5856(a)).

Close to your deadline, or not sure whom to sue? Get a free case review. Four quick questions, no cost, no obligation.

Step 4: What happens after you file?

The answer

The defendant files an answer that admits or denies each allegation and raises its defenses, such as that you were partly at fault, that you already signed a release or that the deadline had passed (in Michigan, MCR 2.111(C), (F)(3)). The defendant may also ask the judge to end the case early, for example because the deadline passed or because there’s no genuine dispute about the important facts (MCR 2.116(C)(7), (10)). If the defendant doesn’t respond in time, you can ask for a default, which can lead to a judgment without a trial (MCR 2.603(A), (B)).

Discovery: exchanging evidence

Discovery is the formal exchange of information before trial, such as witnesses’ names and documents. It can include depositions, where a witness answers questions under oath while a court reporter records every word (U.S. Courts).

Case evaluation and mediation

Judges encourage the two sides to settle, and courts encourage mediation and other alternatives to a trial (U.S. Courts). A mediator is a neutral person who helps the sides talk and look for a settlement but has no power to decide the case (in Michigan, MCR 2.411(A)(2)).

Settlement or trial

A case can settle at any point, and the decision to accept an offer is yours; in Michigan, a lawyer must follow it (MRPC 1.2(a)). Few injury cases reach a trial. In a U.S. Justice Department survey of state courts, bench and jury trials resolved about 4% of tort cases in 2005, and plaintiffs won about half of those trials (Bureau of Justice Statistics). At a trial, you must show that your version is more likely true than not, called a preponderance of the evidence (U.S. Courts).

Step 5: Should you do it yourself or hire a lawyer?

This choice comes fifth here, but make it early, before your deadline is close. The claims process is tilted toward the side that handles claims every day: the insurer’s adjusters and lawyers know the deadlines, the rules and the numbers, and you’d be learning them while you heal.

Doing it yourself

You have the right to handle your own case (in Michigan, MCL 600.1430), and in Michigan small claims, you must. In the regular courts, you’re expected to follow the same rules lawyers do (Michigan Legal Help). Expect a lawyer on the other side, too: the Texas Department of Insurance, for example, says most auto policies pay the policyholder’s attorney fees if they’re sued because of an accident. And if you lose, the winner is generally allowed its court costs (in Michigan, MCR 2.625(A)(1)).

A middle path is limited-scope help: a lawyer takes on part of the case, such as advice, drafting documents or reviewing a settlement, and you do the rest (Michigan Legal Help; MRPC 1.2(b)). Michigan Legal Help offers free self-help guides and form tools, including for small claims and fee waivers.

Hiring a lawyer on contingency

Injury lawyers often work on a contingency fee, which depends on winning or settling the case and on how much it recovers (MCR 8.121(A)). Case costs, such as filing fees, records and experts, are separate. How personal injury lawyers get paid walks through the math, and questions to ask an injury lawyer helps you compare lawyers before you sign.

Talk to a lawyer before you file if your injury is serious, fault is disputed, a government agency or a health care provider is involved (in Michigan, both come with early notice rules), or several parties may share the blame. If you’ve been turned down, see why a lawyer may reject an injury case and whether you need a lawyer at all. In Michigan, our directory of injury lawyers compares firms by their Google ratings and the $1M+ verdicts and settlements each firm reports on its own website. Most of those results are reported by the firms and not independently verified, past results do not guarantee a similar outcome, and no firm pays for its position (how we rank firms). The lawyer directory is adding states one at a time.

Step 6: How do you collect if you win?

A judgment says what you’re owed; it doesn’t pay you. If the defendant has liability insurance that covers the claim, it pays up to the policy’s limits, and beyond them the defendant may have to pay the rest personally (TDI). Someone without the resources or insurance to pay a judgment is “judgment proof,” and a win against them may bring little (LII). That’s why who can pay belongs in your thinking from step 1.

In Michigan: Collection generally can't start until 21 days after the judgment is entered (MCR 2.614(A)(1)). If the defendant doesn't pay:

Find the money. A judgment debtor discovery subpoena makes the defendant come to court and answer questions about income and assets (Michigan Legal Help).
Garnish. A writ of garnishment, on the court's forms, directs someone who holds money for the defendant or pays them, such as a bank or an employer, to pay it toward your judgment (MCR 3.101(B), (C), (E)(3); Michigan Legal Help). Federal law generally caps wage garnishment at 25% of disposable earnings, or less for low earners (15 U.S.C. § 1673(a)).
Seize property. A court officer can seize and sell the defendant's property that isn't exempt (Michigan Legal Help).
Keep the judgment alive. It lasts 10 years, or 6 for a small claims judgment, and can be renewed before it runs out (MCL 600.5809(3); Michigan Legal Help).

See Michigan Legal Help's guide to collecting your judgment.

What to do next

Write down the date you were hurt and find every deadline, including any notice due sooner. In Michigan, see every injury deadline in one place.
Gather your proof: medical records and bills, photos, the police or incident report, witnesses’ names and proof of lost pay.
Put your claim in writing in a demand letter, and keep a copy and proof of delivery.
Decide who will handle the case while there’s still time. Get a free case review, or in Michigan, compare injury lawyers near you. If you’ll go it alone, start with Michigan Legal Help and your court’s fee schedule.
Read before you sign. A release gives up your right to sue, and a fee agreement should be in writing, with a copy for you.

What waiting can cost

Your right to sue. A lawsuit filed after the deadline can be dismissed, however strong the case (in Michigan, MCL 600.5805(1); MCR 2.116(C)(7)).
Short notice deadlines. In Michigan, a claim over a defective government road or public building needs written notice within 120 days (MCL 691.1404(1), 691.1406).
Your case, after you file. A defendant who isn’t served before the summons expires is dismissed from the case, and filing pauses the deadline only if service is made in time (MCR 2.102(E)(1); MCL 600.5856(a)).
Evidence. Video gets recorded over, hazards get repaired and witnesses become harder to find.

What a good outcome looks like

Your deadline is protected with room to spare. The claim goes to the right court, names the right people and is served on time. If it settles, you know what you’re giving up and what you’ll take home before you sign. If it doesn’t, the case is decided on the evidence, and if you win, you already know who can pay and how to collect. From not knowing whether you can sue or where to start, to knowing your deadline, your court and every step from the demand letter to payment.

For the whole claims process, see our complete guide to personal injury claims, and before you file, read mistakes to avoid when filing an injury lawsuit.

Frequently asked questions

Can I sue someone for an injury without a lawyer?

Yes. In Michigan, an adult of sound mind may bring a civil lawsuit in person instead of through a lawyer (MCL 600.1430), and in small claims, which hears claims up to $7,000, lawyers can't take part (MCL 600.8401, 600.8408(1)). In the regular courts, you follow the same rules lawyers do, and the other side may have a lawyer. A lawyer can also help with just part of the case, such as drafting documents (MRPC 1.2(b)). Michigan Legal Help (michiganlegalhelp.org) has free self-help guides and form tools.

How much does it cost to file a lawsuit in Michigan?

As of September 2026, filing costs $150 in circuit court, which hears claims over $25,000, plus a $25 electronic filing fee. District court charges $150 for claims over $10,000, plus $10, and small claims charges $25 to $65, plus $5. Demanding a jury costs $85 in circuit court and $50 in district court (MCL 600.2529(1), 600.8371, 600.8420(1), 600.1986(1)). Serving the papers, getting records and hiring experts cost extra. If you can't afford the court fees, you can ask for a waiver (MCR 2.002).

How long do I have to sue someone for an injury?

It depends on the state and the claim. In Michigan, most injury lawsuits must be filed within three years and malpractice lawsuits generally within two, and a claim over a defective government road or public building needs written notice within 120 days (MCL 600.5805(2), (8); 691.1404(1); 691.1406). As of September 2026, Florida allows two years for negligence claims that arose after March 24, 2023 (Fla. Stat. § 95.11(5)(a)). A demand letter doesn't pause the deadline (in Michigan, MCL 600.5856).

Can I sue the other person's insurance company?

Not in the injury lawsuit itself, in Michigan. You sue the person or business responsible, and their liability insurer can't be made a defendant in that lawsuit or, generally, even mentioned at trial (MCL 500.3030). Liability insurance generally pays for injuries the policyholder is legally responsible for, up to the policy's limits (Texas Department of Insurance). You can sue your own insurer over benefits your policy owes you, such as Michigan no-fault (PIP) benefits (MCL 500.3145).

Should I file an injury claim in small claims court?

Only if the claim is small. In Michigan, small claims hears money claims up to $7,000, and by staying there both sides give up a lawyer, a jury, any amount over the limit and, except after a magistrate's decision, any appeal (MCL 600.8401, 600.8412). A bigger claim is cut to $7,000, and the judgment bars a later lawsuit for the rest (MCR 4.302(D)). Assault, battery and other intentional torts can't be filed there (MCL 600.8424(1)).

What happens if I win and the other side doesn't pay?

You use the court's collection tools. In Michigan, collection can generally begin 21 days after the judgment (MCR 2.614(A)(1)). You can have the defendant questioned about their assets, garnish wages or bank accounts, or have a court officer seize property that isn't exempt (MCR 3.101; Michigan Legal Help). A judgment lasts 10 years, or 6 for a small claims judgment, and can be renewed (MCL 600.5809(3)). Against someone with no insurance or money, a judgment may bring little.

Sources

MCL 600.5805, Injuries to persons or property; period of limitations · Michigan Legislature
MCL 600.5827, Accrual of claim · Michigan Legislature
MCL 600.5856, Tolling of statute of limitations or repose · Michigan Legislature
MCL 600.2912b, Notice of intent to file a medical malpractice claim · Michigan Legislature
MCL 691.1401, Definitions for the governmental tort liability act (a highway includes a sidewalk) · Michigan Legislature
MCL 691.1404, Notice of injury and defect in highway · Michigan Legislature
MCL 691.1406, Public buildings; notice of injury · Michigan Legislature
MCL 600.6431, Court of Claims; notice of intention to file a claim against the state · Michigan Legislature
MCL 500.3105, PIP benefits payable without regard to fault · Michigan Legislature
MCL 500.3114, Which policy pays PIP benefits · Michigan Legislature
MCL 500.3135, Tort liability after a motor vehicle accident; serious impairment of body function · Michigan Legislature
MCL 500.3145, Limitation of actions for PIP benefits; notice of injury · Michigan Legislature
MCL 500.3030, Insurer not to be made or joined as a party defendant · Michigan Legislature
MCL 600.8401, Small claims division; jurisdiction · Michigan Legislature
MCL 600.8402, Small claims: starting a case by affidavit · Michigan Legislature
MCL 600.8408, Small claims: representation; removal · Michigan Legislature
MCL 600.8411, Small claims: hearings; no jury · Michigan Legislature
MCL 600.8412, Small claims: waiver of rights · Michigan Legislature
MCL 600.8415, Small claims: venue · Michigan Legislature
MCL 600.8420, Small claims: filing fees · Michigan Legislature
MCL 600.8424, Small claims: intentional torts; governmental agencies as parties · Michigan Legislature
MCL 600.8427, Small claims: hearings by a magistrate; appeal · Michigan Legislature
MCL 600.8301, District court: exclusive jurisdiction up to $25,000 · Michigan Legislature
MCL 600.605, Circuit court: original jurisdiction · Michigan Legislature
MCL 600.1629, Venue in tort actions · Michigan Legislature
MCL 600.8371, District court: filing and jury fees · Michigan Legislature
MCL 600.2529, Circuit court: filing and jury fees · Michigan Legislature
MCL 600.1986, Electronic filing system fee · Michigan Legislature
MCL 600.1430, Appearance in court by attorney or in person · Michigan Legislature
MCL 600.5809, Actions on judgments; limitations · Michigan Legislature
Michigan Court Rules (updated September 2, 2026): MCR 1.109, 2.002, 2.101 to 2.105, 2.108, 2.111, 2.116, 2.301, 2.302, 2.312, 2.403, 2.411, 2.508, 2.514, 2.603, 2.614, 2.625, 3.101, 4.302 and 8.121 · Michigan Supreme Court
Michigan Rules of Professional Conduct 1.2 and 1.8(e) (updated with orders effective January 1, 2026) · Michigan Supreme Court
Circuit Court Fee and Assessments Table (February 2025) · Michigan State Court Administrative Office
District Court Fee and Assessments Table (April 2025) · Michigan State Court Administrative Office
Summons (form MC 01): answer due in 21 days, or 28 if served by mail or outside Michigan · Michigan State Court Administrative Office
Federal Rules of Civil Procedure (December 1, 2025): Rule 4 · Administrative Office of the U.S. Courts
28 U.S.C. § 1332, Diversity of citizenship; amount in controversy · Office of the Law Revision Counsel, U.S. House of Representatives
15 U.S.C. § 1673, Restriction on garnishment · Office of the Law Revision Counsel, U.S. House of Representatives
Civil Cases · Administrative Office of the U.S. Courts
Tort Bench and Jury Trials in State Courts, 2005 (NCJ 228129, November 2009) · Bureau of Justice Statistics, U.S. Department of Justice
Fla. Stat. § 95.11, Limitations other than for the recovery of real property (2026) · Florida Legislature
Chapter 2023-15, Laws of Florida (CS/CS/HB 837), sections 3, 28 and 31 (approved by the Governor March 24, 2023) · Florida Department of State
Michigan Legal Help: Free Self-Help Legal Tools for Everyday Justice · Michigan Legal Help
An Overview of Small Claims Court · Michigan Legal Help
Taking a Small Claims Case to Court · Michigan Legal Help
An Overview of a Civil Case · Michigan Legal Help
Collecting Your Judgment · Michigan Legal Help
Getting a Garnishment · Michigan Legal Help
Limited Scope Representation (LSR): A More Affordable Way to Hire a Lawyer · Michigan Legal Help
Accident not your fault? Here's how to deal with the other driver's insurance · Texas Department of Insurance
Automobile insurance guide · Texas Department of Insurance
Homeowners insurance guide · Texas Department of Insurance
Demand letter (Wex legal dictionary) · Legal Information Institute, Cornell Law School
Release (Wex legal dictionary) · Legal Information Institute, Cornell Law School
Statute of limitations (Wex legal dictionary) · Legal Information Institute, Cornell Law School
Venue (Wex legal dictionary) · Legal Information Institute, Cornell Law School
Judgment proof (Wex legal dictionary) · Legal Information Institute, Cornell Law School

Updated September 28, 2026

This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.

How To Sue Someone