Before you file a lawsuit, you need to know the owners of the property who are responsible for the pollution. You also must conduct whatever research is necessary to formulate allegations that demonstrate the pollution is a violation of your state law.Keep in mind that to claim the pollution is either a public or private nuisance, you must have proof that it interferes with your reasonable use and enjoyment of your property.
A private nuisance affects people individually, while a public nuisance affects the general public. Some pollution may qualify as a public nuisance.
However, for you to file a lawsuit regarding a public nuisance you must be able to prove that some exception applies, such as the fact that you have a special injury caused by the pollution that is different from the general harm suffered by the public at large.
If your claim is based on health conditions, you probably should have medical evidence, particularly statements from medical professionals to the effect that your physical condition was caused or exacerbated by the pollution.
You might also want to talk to neighbors about how the pollution is affecting them. Filing several lawsuits at once may increase the chances that the judge will issue an injunction against the property owner to stop the pollution.
 Because environmental law can be complex, you may benefit from the assistance of an experienced environmental attorney who has previously handled cases dealing with pollution on private property.Typically attorneys won't take these types of cases on contingency, since often the only thing you can ask for is a court order for the property owner to cease the polluting activity.
However, you may be able to sue for attorney's fees as part of your lawsuit. If you win, the defendant will be ordered to pay your attorney's fees which you owe or have already paid out of pocket. Whether you can include attorney's fees in your damages depends on your state's law.
If you're concerned about the cost of attorney's fees, you might want to check with any nonprofit environmental organizations in your area. Many of them have legal teams that provide assistance to individuals taking action against pollution.
 Your complaint includes allegations that together demonstrate that the pollution constitutes a violation of state law, or that it is a nuisance as defined by your state law, and that you personally have suffered damages as a result of this pollution.If you've decided to represent yourself, check with the clerk of the court where you want to file your lawsuit for forms. You also may be able to download these online. If the court doesn't provide fill-in-the-blank forms, ask for copies of complaints filed in other lawsuits that you can use as guides to format your document properly.
Identify yourself as the plaintiff and the owners of the property as the defendants. Then list your allegations in numbered paragraphs, one factual allegation per paragraph.
You also must explain how those allegations add up to a violation of the law, and tell the court specifically what you want it to do as a result of this violation.
Sign your complaint. Some jurisdictions may require you to sign your complaint in the presence of a notary public if you are not being represented by an attorney.
 Once you've completed and signed your complaint, make at least two copies of it and take them all to the clerk of the court in which you want your lawsuit to be heard. The clerk will stamp your originals and copies, and return the copies to you.You'll have to pay filing fees when you file your lawsuit, typically several hundred dollars for a civil suit in county court. If you don't think you can afford filing fees, ask the court clerk for a fee waiver application.
On the fee waiver application, you'll have to provide information about your income and assets. If the money you have available falls below the court's threshold, you won't have to pay court costs for your case. Often you automatically qualify for a fee waiver if you receive public benefits.
After you file your complaint, one of the copies you made must be delivered to the defendants using a particular process called "service." Complaints in county court typically are hand-delivered by a sheriff's deputy.
You also may be able to mail the complaint to the defendants using certified mail with returned receipt requested. When you get the receipt back, you'll be responsible for filing a proof of service document with the clerk.
 When the defendant is served with your lawsuit, they have a limited period of time – typically 20 or 30 days – to file some sort of response. If the deadline passes and you don't receive a response, you may be eligible to win by default.The defendant may file a motion to dismiss, which at this stage argues that even if all of the allegations in your complaint are true, they don't add up to a violation of the law for which you can sue for damages or a court order.
You also may receive an answer denying most of your allegations. This doesn't necessarily mean the defendant is saying your allegations aren't true. Rather, the defendant is forcing you to meet your burden of proof in the trial.
Assuming the defendant responds before the deadline, you typically will begin the process of litigating the lawsuit. Don't be surprised if you also receive some sort of settlement offer from the property owner.
Gather information about the problem.
Consider consulting an attorney.
Draft your complaint.
File your complaint.
Wait for a response.
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