To sue someone for more than $100,000, you file a civil complaint in a court of general jurisdiction (a state trial court, or federal court if your case qualifies), serve the defendant, work through discovery with an attorney, and then either settle or take the case to trial. The federal filing fee alone is $405, attorney costs on complex matters can climb into six figures, and the road from complaint to judgment usually runs a year or longer. Knowing what each stage costs and demands helps you decide whether to file, how to pay for it, and what a realistic outcome looks like.
Confirm You Still Have Time to Sue
Before spending anything on lawyers or evidence, check the statute of limitations for your claim. Every civil claim has a filing deadline that starts running when the harm occurs or when you reasonably should have discovered it. Miss it and the court will dismiss your case no matter how strong the evidence is.
Deadlines vary by claim type and state. Personal injury claims commonly carry a two- to three-year window. Written contract disputes typically allow four to six years. Fraud claims often fall in between. Your state’s specific statute controls.
One important exception is the discovery rule. When an injury isn’t immediately apparent, the clock may not start until you knew or reasonably should have known about the harm. Medical malpractice cases often involve this rule because symptoms from a surgical error can take months to surface. The discovery rule won’t rescue you if you ignored obvious warning signs; courts expect you to investigate once you have reason to suspect something went wrong.
Choose the Right Court
A claim over $100,000 belongs in a court of general jurisdiction. That usually means a state trial court. Federal court is an option in two situations: your claim arises under federal law, or the parties live in different states and the amount at stake exceeds $75,000. That second path is called diversity jurisdiction, and it requires complete diversity, meaning no plaintiff shares a home state with any defendant.1Office of the Law Revision Counsel. 28 U.S. Code 1332 – Diversity of Citizenship; Amount in Controversy; Costs
Personal Jurisdiction Over the Defendant
Filing in the right type of court isn’t enough. The court also needs authority over the specific person or company you’re suing. This is called personal jurisdiction, and it depends on the defendant’s connection to the state where the court sits. A defendant who lives, works, or regularly does business there is generally subject to that state’s courts. For defendants with weaker ties, the Supreme Court requires enough “minimum contacts” with the state that forcing them to defend there doesn’t offend basic fairness.2Justia. International Shoe Co. v. Washington
If the Defendant Removes to Federal Court
If you file in state court but the case qualifies for federal jurisdiction, the defendant can move it to federal court by filing a notice of removal within 30 days after being served.3Office of the Law Revision Counsel. 28 U.S. Code 1446 – Procedure for Removal of Civil Actions There is a catch: when removal is based solely on diversity, a defendant who is a citizen of the state where the case was filed cannot remove it.4Office of the Law Revision Counsel. 28 U.S. Code 1441 – Removal of Civil Actions Plaintiffs sometimes file in a state court they believe favors their case; defendants sometimes try to shift to federal court for the opposite reason.
Hire an Attorney and Understand the Fee Structure
You can technically represent yourself in any court, but a six-figure lawsuit is not the place to learn civil procedure on the fly. How you pay your attorney gives you real flexibility.
Contingency Fees
Under a contingency agreement, your attorney collects a percentage of whatever you recover and nothing if you lose. The standard rate is roughly one-third of the recovery, though fees can reach 40% or higher depending on complexity and whether the case goes to trial. The agreement must be in writing, must spell out the percentage at each stage (settlement, trial, appeal), and must clearly explain which litigation costs you are responsible for regardless of outcome.5American Bar Association. Model Rules of Professional Conduct – Rule 1.5 Fees
The detail most people miss: litigation costs like court filing fees, expert witness fees, and deposition transcripts are separate from the attorney’s percentage. Some agreements deduct costs from the recovery before calculating the attorney’s share; others deduct costs after. That ordering can swing your net payout by thousands of dollars on a large case. Read the agreement carefully and ask which method applies.
Hourly and Hybrid Billing
Hourly billing gives you more control over the pace and scope of work. Rates run from around $200 per hour for a newer attorney in a smaller market to $1,000 or more per hour at major firms in large cities. The risk is unpredictability. A case that drags through contentious discovery or multiple motions can generate bills far beyond initial estimates. Ask for a litigation budget at the outset and regular billing updates.
Some attorneys offer hybrid arrangements combining a reduced hourly rate with a smaller contingency percentage. This splits the financial risk between you and your lawyer and can make sense when the case is strong but the potential recovery isn’t large enough to justify a full contingency fee.
Representing Yourself Is a Bad Bet at This Size
Self-representation is legal in every court. In a case worth over $100,000, though, the opposing side will almost certainly have experienced counsel. You would need to draft a complaint that survives a motion to dismiss, meet discovery obligations, respond to procedural motions, and present evidence at trial while following the same rules that govern attorneys who spent years learning them. Procedural errors can get claims thrown out entirely, and that is where most self-represented plaintiffs run into trouble: not on the merits, but on the mechanics.
File the Complaint and Serve the Defendant
The lawsuit begins when you file a complaint with the court. Federal Rule of Civil Procedure 8 requires three things: a statement explaining why the court has jurisdiction, a plain statement of your claim showing you’re entitled to relief, and a description of the relief you’re asking for.6Legal Information Institute. Federal Rules of Civil Procedure Rule 8 – General Rules of Pleading State courts have similar requirements. In practice, complaints in high-value cases are detailed documents laying out the facts, the legal theories, and the specific damages.
Federal district courts charge $405 to file a new civil case ($350 filing fee plus a $55 administrative fee).7United States Courts. U.S. Court of Federal Claims Fee Schedule State court fees vary but generally fall in a similar range. If you can’t afford the fee, you can request a waiver by demonstrating financial hardship.
After filing, you must formally deliver a copy of the complaint and a court-issued summons to the defendant. Federal rules allow personal delivery, leaving copies at the defendant’s home with a resident of suitable age, or delivering to an authorized agent.8Legal Information Institute. Federal Rules of Civil Procedure Rule 4 – Summons State rules may allow additional methods like certified mail. Defective service can delay or derail the case, so most plaintiffs hire a professional process server.
In federal court, both sides must exchange certain basic information within 14 days of their initial planning conference, without waiting to be asked. This includes the names of people with relevant knowledge, copies or descriptions of supporting documents, a computation of damages, and any applicable insurance agreements.9Legal Information Institute. Federal Rules of Civil Procedure Rule 26 – Duty to Disclose; General Provisions Governing Discovery
Get Through Discovery
Discovery is where both sides gather the evidence they’ll use at trial. It is often the most expensive and time-consuming stage. The main tools are interrogatories (written questions answered under oath), requests for production (demands for documents and records), and depositions (live questioning of witnesses under oath, recorded by a court reporter).10National Institute of Justice. Law 101 Legal Guide for the Forensic Expert – Procedures Which Govern Civil Discovery
Discovery is broad but not unlimited. Information must be relevant to the claims and proportional to what’s at stake. Judges weigh the amount in controversy, each side’s access to the information, and whether the burden of producing it outweighs the likely benefit. Courts can limit discovery to prevent fishing expeditions or impose protective orders to shield confidential business information.
Preserve Electronic Evidence Early
In most modern cases, the bulk of discoverable evidence lives in emails, text messages, cloud storage, and internal databases. Your obligation to preserve this evidence starts as soon as you reasonably anticipate litigation, sometimes well before you file the complaint. Deleting or failing to preserve relevant electronic records can trigger serious sanctions. If a court finds you intentionally destroyed evidence, it can instruct the jury to assume the missing materials were unfavorable to you or even enter a default judgment against you.
Budget for the Cost
Discovery costs often dwarf every other litigation expense combined. Expert witnesses alone typically charge $450 to $500 per hour for preparation and testimony. Deposition transcripts, document review, and electronic data processing add up quickly. In a case worth $100,000 to $250,000, discovery costs can consume a painful percentage of the potential recovery, so effective attorneys work to narrow the scope early and focus resources on evidence that actually moves the case.
Expect Settlement Pressure Before Trial
Most civil cases settle before trial. Once discovery reveals the strength of each side’s evidence, both parties have real incentives to negotiate. Settlement avoids the uncertainty of a verdict, cuts legal costs, and resolves the dispute months or years faster than a trial would.
Negotiations can take several forms. Direct talks between attorneys are the simplest. Mediation brings in a neutral third party who helps both sides explore compromise, though the mediator cannot impose a decision. Many courts require mediation before allowing a case to proceed to trial. Arbitration is more formal, with an arbitrator hearing both sides and issuing a binding decision, but it is typically only available when a contract between the parties requires it.
Rule 68 Offers of Judgment
In federal court, defendants can use a procedural tool called an offer of judgment. The defendant makes a formal written offer to settle for a specific amount. If you reject it and then win less than the offered amount at trial, you must pay the defendant’s costs incurred after the offer was made.11Office of the Law Revision Counsel. Federal Rules of Civil Procedure Rule 68 – Offer of Judgment Those costs can include expert witness fees, deposition costs, and other litigation expenses. This rule creates real pressure to evaluate settlement offers carefully rather than gambling on a higher verdict.
Go to Trial If You Can’t Settle
If settlement talks fail, the case goes to trial. You will have either a jury trial or a bench trial where the judge decides. In most civil cases seeking money damages, either side can demand a jury. Jury trials tend to emphasize storytelling and credibility; bench trials focus more on technical legal arguments and documentary evidence.
The burden of proof in a civil case is “preponderance of the evidence,” meaning you need to show it’s more likely than not that your version of events is correct. That’s a lower bar than the criminal “beyond a reasonable doubt” standard, but it still requires organized, credible evidence.
Post-Trial Motions and Appeal
A verdict doesn’t always end the case. Within 28 days of the judgment, the losing side can renew a motion for judgment as a matter of law under Rule 50(b), arguing that no reasonable jury could have reached the verdict on the evidence presented.12Legal Information Institute. Federal Rules of Civil Procedure Rule 50 – Judgment as a Matter of Law in a Jury Trial Either side can also move for a new trial within 28 days under Rule 59, citing trial errors, juror misconduct, or a verdict against the weight of the evidence.13Legal Information Institute. Federal Rules of Civil Procedure Rule 59 – New Trial; Altering or Amending a Judgment
If post-trial motions fail, the losing side can appeal. In federal cases, the notice of appeal must generally be filed within 30 days of the judgment. Appeals courts review whether the trial court applied the law correctly; they don’t retry facts or hear new evidence. An appeal can add a year or more to the timeline and significant cost, so both sides often weigh it when considering settlement even after a verdict.
Collect the Judgment
Winning a judgment and collecting the money are two very different things. A judgment is a piece of paper saying the defendant owes you a specific amount. It doesn’t automatically transfer funds into your account. If the defendant doesn’t pay voluntarily, you’ll need enforcement tools.
A writ of execution directs law enforcement to seize the defendant’s non-exempt property and sell it at a public auction to satisfy the judgment.14Legal Information Institute. Writ of Execution For assets held by third parties, like wages or bank accounts, you would pursue a writ of garnishment instead. Federal law caps wage garnishment for ordinary debts at the lesser of 25% of disposable earnings or the amount by which weekly earnings exceed 30 times the federal minimum wage.15Office of the Law Revision Counsel. 15 U.S. Code 1673 – Restriction on Garnishment State exemptions may provide even greater protection for certain property.
If the defendant files for bankruptcy, an automatic stay typically freezes all collection efforts. You would need to ask the bankruptcy court for permission to resume collection, and even then, you may only recover a fraction of the judgment depending on the defendant’s available assets and the priority of other creditors.16Central District of California United States Bankruptcy Court. Automatic Stay, What Is It and Does It Protect a Debtor From All Creditors? For this reason, experienced attorneys evaluate a defendant’s ability to pay before filing the lawsuit. A million-dollar judgment against someone with no assets and no income is worth exactly nothing.
Plan for the Tax Bill on a Large Recovery
A settlement or judgment over $100,000 can create a significant tax bill if you don’t plan for it. Tax treatment depends on what the money compensates you for.
- Compensation for personal physical injuries or physical sickness is excluded from taxable income under federal law. If you previously deducted medical expenses related to the injury, you’ll owe tax on the portion that gave you a tax benefit in prior years.17Office of the Law Revision Counsel. 26 U.S. Code 104 – Compensation for Injuries or Sickness
- Damages for emotional distress not tied to physical injury are fully taxable, with one exception: you can subtract amounts you paid for medical treatment of the distress, as long as you didn’t already deduct those costs.18Internal Revenue Service. Settlements – Taxability (Publication 4345)
- Punitive damages are always taxable, even when awarded alongside tax-free physical injury compensation.18Internal Revenue Service. Settlements – Taxability (Publication 4345)
- Lost wages and business income are taxable as ordinary income, including employment taxes where applicable.
When negotiating a settlement, the way the agreement characterizes the payment matters enormously. A settlement that lumps everything into one undifferentiated sum is typically treated as taxable income. Breaking it into specific categories, with clear language tying portions to physical injury, emotional distress, or lost income, gives you documentation to support tax-free treatment for the eligible portions. Discuss the tax allocation with your attorney and a tax professional before signing anything.