Civil Litigation

At Gonzalez Law, we are Miami civil litigation attorneys who have dedicated our careers to helping people and businesses fight to protect their rights in court. We also work closely with clients to address legal issues and disputes early and resolve these matters efficiently.

“Civil litigation” generally refers to the process of resolving legal disputes between two or more parties, whether they are individuals, businesses or other entities. A civil lawsuit typically accuses a person or entity of causing personal injury or financial harm and demands compensation for it. 

Money damages are the most common legal remedy in these cases. Lawsuits may also seek injunctive relief aimed at stopping the harm from continuing or preventing the injury from happening again.

For anyone involved in civil litigation, it is essential to have an experienced litigator in your corner. Our Miami civil law firm has the experience and resources to help. We are seasoned civil litigation attorneys with a strong track record for tackling these cases head-on.

What Is a Civil Case?

A civil case is a lawsuit involving two or more parties. The plaintiff is the person or entity that files the suit, while the defendant is the person or entity being sued. The plaintiff alleges that it has been harmed in some way and that the defendant is legally responsible for that harm.

The suit – or “complaint,” as it is often called in court – includes a description of the physical or financial harm that has been caused and the legal theories on which the defendant should be held liable. It also includes a demand for relief in the form of monetary damages, an injunction, or a declaratory judgment.

The Civil Suit Process

Civil litigation involves several steps, from the filing of a complaint to a final ruling by a judge or a jury verdict and possible appeals. The overwhelming majority of cases are resolved without going through the entire process. 

Here are some of the most common steps.

• Pleadings: The plaintiff starts the process by filing a complaint. The defendant is required to respond within a certain amount of time.
• Discovery: State and local rules require each side to turn over a wide range of information prior to trial. Each party also has to give the other parties information on the witnesses it intends to call to testify at trial and any other evidence it plans to introduce. Discovery may include having the parties and witnesses sit for depositions or respond to written questions
• Trial: When a case cannot be resolved out of court, it goes to a judge and/or jury. Each party has an opportunity to present evidence and make legal arguments, as well as to refute those made by the other parties. 
• Appeal: Any party to a civil case can appeal a judge’s decision or a jury’s verdict.

Through the process of your dispute, Gonzalez Law will continuously assess your options with you so that you may make effective and informed decisions. Whether your desire is a settlement or trial, Gonzalez Law will aggressively protect your rights.

Types of Civil Cases

Our Miami civil litigation attorneys take on a wide range of cases. Here are just some of the types of matters that we often handle.

Commercial Litigation

Commercial disputes can arise in many different ways. The key in all of these situations is to identify and address the issue as early as possible. An experienced commercial litigation attorney can help you resolve disputes without full-blown court battles whenever possible and fight vigorously to defend your rights at trial when needed.

• Breach of Contract: Legal agreements with vendors, customers, employees, property owners and service providers are essential to business operations. Breach of contract claims arise when one party to an agreement alleges that one or more other parties did not live up to their responsibilities under the deal. That may be because the party failed to perform what was required, made it impossible for another party to perform, or made clear that it does not intend to honor the deal.
• Corporate Fraud: Fraud captures a full slate of deceptive and often criminal activities targeting people and businesses.
• Interference with contract: These claims usually come up in the context of a company alleging that some sort of fraudulent or other activity unlawfully impeded its ability to carry out its responsibilities under a contract or had such an impact on another party to the agreement.
• Trade secrets violations: Florida’s trade secrets law allows companies to seek compensation and other remedies for the misappropriation of certain sensitive information deemed a trade secret.
• Construction disputes: Issues often arise during construction projects that threaten to derail the work if not resolved. Disputes commonly center around defects, cost overruns, change orders, subcontractor substitutions and accidents, among other issues.

Business Tort Claims

We handle business tort claims as well. Each Miami civil litigation attorney at our firm has significant experience representing business clients in tort litigation. Some examples of the types of business tort cases we handle include:

• Conversion of business assets
• Defamation (libel and slander)
• Tortious interference with business opportunities
• Unlawful restraints of trade
• Unfair competition

Again, these are just examples. Additionally, in many cases, commercial disputes can involve a mix of contract claims and tort claims—and identifying all viable causes of action can be critical for making informed decisions and developing leverage for settlement negotiations. With our experience, we can help you make informed and strategic decisions, and we can take legal action on your company’s behalf immediately if warranted.

Family Law

Making the decision to end a marriage is never easy. There are a number of legal issues that often come up, even when both spouses agree that it is time to unwind the marriage through divorce. The questions that arise impact not only the spouses, but also their children and sometimes other family members.

These are some of the most common issues in Florida family law litigation.

• Asset division: Who gets the house, retirement accounts and other assets, (even the family dog) is routinely among the most contentious questions in divorce cases.
• Alimony or spousal support: Courts order one spouse to pay another alimony in some cases to ensure a basic standard of living. These payments typically are temporary and may sometimes be done in a lump sum.
• Child custody and visitation: Judges consider a number of factors to determine what is in the best interest of the children involved when they make decisions over custody and visitation.
• Child support: Support payments to cover the needs of minor children are largely based on a predetermined formula, with judges also considering a number of specific factors.

The good news is that Florida offers a simplified divorce option for spouses who meet certain requirements and want to wind down the marriage efficiently. Divorcing spouses who do not meet these requirements still have several options for streamlining the process through negotiated agreements.

Personal Injury

Accidents happen every day, even to the most cautious people. Folks often walk away unharmed. In some cases, however, accidents can result in serious, life-changing and even life-threatening injuries. 

Anyone injured in an accident in Florida has the right to seek compensation from those responsible. That is true whether it is a car crash on a busy highway, a slip and fall in a cluttered grocery store aisle, or a botched medical procedure.

Car crashes are some of the most common forms of accidents in Florida. A negligent driver is often to blame in these cases and his or her insurer is required to compensate those injured. The problem is that insurance companies tend to fight tooth and nail to limit paying our claims or avoid paying them out altogether. An experienced personal injury attorney can help you fight back.

Each Miami civil litigation attorney at our firm takes the time to understand each client’s specific individual circumstances and develop a strategy that is tailored to their specific goals. We are skilled negotiators who make every effort to resolve cases efficiently and on optimal terms. We also are seasoned litigators ready to take cases all the way through trial if needed to get clients the full remedies they deserve.

Other Individual Tort Claims

Along with personal injury claims involving serious accidents, we handle other types of tort claims on behalf of Florida residents and visitors as well. Some examples of other types of tort claims include:

• Assault and battery
• False imprisonment
• Intentional infliction of emotional distress
• Strict liability claims involving defective products
• Theft and property damage

If you have questions about your legal rights under any circumstances in which you believe that an individual or business may be liable for losses you have suffered in Florida, we strongly encourage you to speak with a Miami civil litigation attorney at Gonzalez Law Offices, P.A. One of our attorneys will be more than happy to assess your situation and determine if legal action is warranted.

Real Estate Disputes

We also represent property owners, prospective purchasers, tenants, and other parties in real estate disputes in South Florida. Here, too, our practice is extremely broad, and we are available to serve as both plaintiff’s counsel and defense counsel for our clients. Representative examples of the types of cases we handle within our real estate litigation practice include:

• Commercial Landlord/Tenant Disputes – We represent landlords and tenants in commercial lease disputes. This includes (but is not limited to) disputes involving rent and common area maintenance (CAM) charges, buildouts and improvements, lease renewals, anchor tenant provisions, and other key contract terms.
• Real Estate Acquisition Disputes – We represent property owners and prospective purchasers in residential and commercial real estate acquisition disputes. We also represent brokers, inspectors, and other commercial parties facing liability in connection with failed real estate transactions, and we represent lenders, investors, and other interested parties as well.  
• Real Estate Development Disputes – We represent all parties involved in real estate development disputes in South Florida. With extensive experience in real estate and construction litigation, we are intimately familiar with the issues involved in these often highly complex cases. Our attorneys are available to represent property owners, developers, contractors, architecture and engineering firms, insurance companies, and other parties that need experienced litigation counsel to help them protect their interests.

Once again, these are just examples. If you are facing any type of real estate dispute in South Florida, we strongly encourage you to contact us to discuss what we can do to help.

Speak With a Miami Civil Litigation Attorney

If you are seeking legal advice on a potential dispute, are considering a lawsuit, or are already facing litigation, Gonzalez Law can help.

Our office is conveniently located in Miami, and we are proud to serve clients across South Florida. Call us at 305-676-6677 or contact us online to speak with a Miami civil litigation attorney.