Most conflicts that prompt one or more parties to pursue legal action are referred to as general litigation. A contract disagreement or a bad real estate deal is all examples of general litigation. This category encompasses many lawsuits.
While none of us like the notion of having to go to court to resolve a disagreement, it is sometimes unavoidable. You might lose a lot of money if a business partner, vendor, or employee breaches a contract with your firm. Other instances when litigation may be required include when you have suffered bodily harm as a result of someone else’s negligence or when you need to contest a will left by a loved one who has passed away. When partners are divorcing, litigation is sometimes required due to severe conflicts or threats of termination of parental rights.
You will need an experienced Florida general litigation attorney who will fight hard for your rights in these instances.
General Litigation in Florida
Most civil litigation matters in Florida may be resolved without going to court. If both parties are unable to reach an agreement, the dispute will be decided in court. Your general litigation attorney can assist you with the proceedings if you require a legal settlement.
Litigation Claim Filing Process
Plaintiff filed a complaint in the form of a legal document, which is the starting point for any litigation. The defendant will be served with this document and will have to respond to the claim or file a motion to dismiss it. It is critical to have an attorney assist you in filling out these basic legal documents from the start. Plaintiffs frequently fail to state their claims clearly, forcing them to modify their claims after they have been refused. The plaintiff will no longer be heard by the court after so many attempts. By doing it right the first time, an attorney will help you save time and money.
After the claim has been filed and the defendant has responded, the defendant may seek a jury trial. Litigation, on the other hand, is usually successful. However, if this is not the case, the initial phases are simply trial preparation. It’s a time-consuming procedure.
The information exchange begins after the claim is recognized as “at issue” by the Florida court system. Both sides start formally preparing their sides of the case at this point. They might ask each other for information to support their case. Other persons, such as witnesses, family members, or landlords, may be requested to provide depositions, which are documents or accounts that are important to the case. Depositions are statements under oath that may be utilized in court later. They are frequently written or spoken presentations of facts or responses to the queries.
After both parties have been able to complete the discovery phase, it is time to reach an agreement. A summary judgment may be given if the evidence is overwhelmingly determinate. Mediation is also a court requirement and often before a summary judgment can be awarded, both parties will sit down with an independent mediator. It is helpful to settle while in mediation. If there are remaining issues that cannot be resolved, the case must go to trial.
Always consult with a Florida General Litigation Attorney
Simply contact Marrero, Serrano, Farah Law, LP, in Florida to discuss all of your general litigation concerns if you have been sued or feel you may have a cause of action against an individual or business.