There are also time limits that vary as well from court to court and state to state. In general however, the first step is to conduct a thorough and complete case analysis of your specific facts and the law that applies to your case. Next, if it is determined that there is a viable case, the defendant or defendants are notified by letter or formal notice, depending upon what is required by law. After that, the potential defendant or defendants and their insurance carriers, lawyers or risk management departments will want information relating to your claims and may ask for copies of medical records or other documents. They will then typically conduct their own review as to their potential liability and damage exposure.
Formal discovery is as it sounds.
It is detailed information gathering by both sides. The goal of discovery is to obtain evidence favorable to your position and evidence detrimental to your opponent's position. If a lawsuit is filed, there is usually a filing fee required. At some point the court will set a hearing and at that hearing a trial date will be set. Depending on the jurisdiction, that time can widely vary.