Miami Civil Litigation Lawyer
Civil litigation is a legal dispute involving two or more parties seeking money damages or some specific performance other than criminal sanctions.
Jacobs Legal Trial Lawyers know Miami civil litigation action is increasing as more people become aware of their rights under the law, and the remedies to which they are entitled for negligence or breach of contract.
Some of the key civil litigation areas on which we focus include:
- Commercial Litigation
- Fraud and Deceptive Practices
- Wage Theft
While many civil lawsuits are settled far in advance of trial, you want to make sure you are getting a fair deal. Our Miami civil litigation lawyers have extensive experience in matters of civil litigation. We conduct a thorough investigation of the claim at the outset to give you the greatest leverage possible in moving forward with your claim.
Exhaustive Preparation in Civil Trials
Most people think of “litigation” as being synonymous with “trial.” However, the litigation process starts long before there jury selection or any witness is called to the stand.
Depending on the type of lawsuit and the allegations made, there is a fair amount of investigation that has to occur before the case is even filed. There may be negotiation with the potential defendant(s) before a case is ever filed. If that is not fruitful and there is a decision to file, there are requirements on what must be included in the filing and sometimes rules regarding advance notice to the defendant of intent to file. There are additional notification requirements once the lawsuit is actually filed. Then there is usually an extensive discovery process that includes more investigation, witness interviews, document collection and finding expert witnesses who will back your claim. As the trial date approaches, there will be numerous pretrial conferences, in which attorneys will file motions to dismiss, motions in limine, motions to suppress. Thereafter, there will likely again be some degree of settlement negotiation. If the case still isn’t settled, only THEN will it go to trial. Depending on the complexity, a civil trial can span the course of a couple days or several weeks.
If the resulting outcome is not desirable, you have the option of appeal through several levels.
Civil proceedings are governed under the Florida Rules of Civil Procedure, and if they are not properly followed, you could be forfeiting or waiving key rights and advantages. It could even lead to dismissal of your entire case, possibly without the opportunity to refile.
There are often special rules when it comes to cases with multiple defendants, plaintiffs or expert witnesses (complex litigation), medical malpractice and arbitration/mediation.
This is why it’s imperative that you hire a civil litigation lawyer with experience and proven success. This could be your one shot at recovery of damages and remedies to which you are entitled.
We work exhaustively to prepare for each stage of the process.
Arbitration in Civil Litigation
Arbitration and mediation are alternatives to litigation, and are increasingly used in business and labor disputes.
Generally, these processes may be more advantageous to businesses or large organizations, although there are sometimes benefits to both sides. The two terms are often erroneously used interchangeably.
Mediation is when a neutral third-party hears a dispute between two or more sides and then attempts to help those parties settle issues without actually judging the merits of the case.
Arbitration, meanwhile, more closely resembles litigation in that a neutral third-party hears disputes and arguments, and then imposes a final and binding decision based on the merits. This decision is enforceable by the courts. In most arbitration cases, those involved agreed to have the dispute settled in that forum before it ever arose (i.e., an employment contract or lease agreement).
Both processes are fairly quick and private, and are usually less formal than those proceedings carried out in a courtroom. Costs are generally lower as well, but so too are the overall damages meted out when negligence or wrongdoing is established.
Additionally, most arbitration decisions are non-appealable, unless an appeal option is included in the arbitration clause.
If arbitration is not to your advantage, there are some cases in which arbitration agreements or mediation clauses may be challenged and deemed unenforceable. It’s important to consult with an experienced attorney as soon as possible to discuss your claim.
Contact the Miami civil litigation lawyers at Jacobs Legal Trial Lawyers for a confidential appointment to discuss your rights.
Call us at (305) 358-7991.