The prospect of fighting a lawsuit can be daunting, regardless of whether you are considering filing a complaint in court as a plaintiff or on the receiving end of one as a defendant. Fortunately, you do not need to go it alone.
At Gonzalez Law, our attorneys are seasoned litigators with a strong track record of success in Miami civil lawsuits. We have dedicated our careers to helping people and businesses vindicate their rights in court while also striving to efficiently resolve disputes outside of court whenever possible.
It is important for anyone considering filing a lawsuit or already being sued in Florida to understand generally how the process works. It is also vital to have a handle on how settlement works and the alternative dispute resolution tools available.
The First Step: Filing a Complaint
The complaint initiates a civil lawsuit. The person or entity that files it is the plaintiff, while the person or entity being sued is the defendant.
The complaint lays out the general factual allegations on which the plaintiff asserts that it was harmed by the defendant. It also describes the legal theories on which the defendant is allegedly liable for the harm. Finally, the complaint asks the court to rule in favor of the plaintiff and force the defendant to pay money damages. It may also ask the court to issue an injunction restraining the defendant from doing something or compelling the defendant to do something.
The complaint usually does not need to be overly detailed. Instead, it must simply state a plausible claim or claims for legal relief and make the court and the defendant aware of the claim or claims.
A summons is typically filed along with the complaint. This document alerts the defendant of the lawsuit and the deadline for responding to it. The summons also informs the defendant that a default judgment may be entered against it if the defendant does not respond by the deadline.
Responding to a Complaint: Filing an Answer
The defendant in a civil lawsuit must respond to the complaint within a certain time frame, often 20 days. That response is usually in the form of an answer.
The answer must admit or deny each of the individual factual allegations in the complaint. The defendant can instead state that it does not have sufficient knowledge to admit or deny certain allegations.
The answer also can be used to offer legal defenses or counterclaims. That may include asserting new facts and legal claims.
In some cases, a defendant may instead respond to the complaint by filing a motion to dismiss it. These motions are typically based on jurisdictional challenges – the plaintiff filed the suit in a court that does not have jurisdiction to hear the case – of failure to state a claim on which legal relief can be granted.
Discovery
Discovery is a critical stage of a civil lawsuit, during which the parties are required to exchange information and evidence. The idea is that each side should be fully aware before trial of the information and evidence that the other plans to present in court to support its arguments.
Discovery includes requests for responses to written questions (interrogatories). The parties may also seek to take depositions – sworn testimony outside of court – of the other parties or witnesses.
This process is crucial because it allows parties and their lawyers to get a better sense of the strength of their case. It is also a time in which the parties may decide to return to the bargaining table for settlement discussions.
Pre-Trial Motions
Attorneys for each side may also file motions to ask the court to resolve disputes over discovery or related to the allegations in the lawsuit.
Motions for summary judgment are often filed in advance of trial. A plaintiff or a defendant may ask the court to rule in its favor on some or all of the claims. In order to grant the motion, the court must conclude that there are no genuine disputes of material fact and that the moving party is entitled to judgment as a matter of law.
Trial and Appeals
If the case is not resolved otherwise, it proceeds to trial in a local court. That may be a bench trial – in front of a judge – or a jury trial. In the latter situation, a judge will still rule on legal questions related to the case, but the jury will ultimately determine the facts and render a verdict.
A trial can last for as little as a few hours or stretch on for several weeks, depending on the nature of the case and the evidence being presented. Attorneys can make opening and closing arguments, examine witnesses, and present other evidence at trial.
The vast majority of Miami civil lawsuits never make it to trial. Cases are often settled by negotiated agreement among the parties or resolved through motions to dismiss and motions for summary judgment.
In those cases that do proceed to trial, either party has the right to appeal a judge’s final ruling or the jury’s verdict. An appeal asks a higher court to review the case and determine whether errors were made at trial.
Alternative Dispute Resolution
Not all Miami civil lawsuits end up in court. Our attorneys have had significant success resolving cases on optimal terms through alternative dispute resolution.
Mediation and arbitration are the two primary alternatives to traditional litigation. Each gives parties the chance to resolve disputes more efficiently than through a full-blown trial.
In mediation, a third-party mediator is brought in to help the parties try to reach a settlement. In arbitration, a neutral arbitrator is tapped to hear the case and make a binding decision.
Speak With a 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.