What types of cases fall under civil litigation in Florida?
Civil litigation includes a wide range of non-criminal disputes such as breaches of contract, inheritance disputes, disputes involving real property ownership and possession, business disputes, personal property damages and construction disputes, just to name a few.
How long do I have to file a civil lawsuit in Florida?
In order to determine the statute of limitations for your particular case, you should always consult with an attorney to ensure your rights are timely preserved.
What are the stages of a civil lawsuit?
Civil cases usually involve several stages: initial pleadings, discovery, pre-trial motions, settlement negotiations, trial, and possibly appeal. Not all cases go to trial; many settle beforehand.
How long does a civil litigation case take in Florida?
The duration can vary widely depending on complexity, court schedules, and whether the case is settled early. Some cases resolve in a few months, while others may take years.
Can I recover attorney’s fees if I win my case?
In most cases, attorney’s fees may only be recovered from your opponent if a statute or contract specifically allows it. Otherwise, each party typically pays their own attorney’s fees.
Do I need a lawyer for a civil case?
While an individual may represent themself in court, a legal entity, such as a Corporation, LLC, Trust, etc. are required to be represented through counsel. Civil litigation involves complex procedures and rules. Having a lawyer represent you should increase your likelihood of a successful outcome.
What is the difference between mediation and litigation?
Mediation is a voluntary, confidential process where a neutral third party helps both sides reach a settlement. Litigation involves resolving the dispute in court, which is more formal and public.
What should I bring to my initial consultation?
Bring all relevant documents such as contracts, emails, letters, court papers, or anything related to the dispute. A clear timeline of events is also helpful.
Can I sue for emotional distress in a civil case?
Yes, but emotional distress claims must meet specific legal standards and often require strong supporting evidence. These claims are usually part of personal injury or tort cases.
How much does it cost to hire a civil litigation attorney in Florida?
Fees and costs vary depending on the complexity and nature of the case. Most civil litigation matters are handled on a billable hourly basis. A reasonable retainer is typically required upfront, with additional costs for court filings, expert witnesses, and discovery as the case progresses.
