What to Expect When You’re Involved in a Civil Lawsuit in Southwest Florida

The uncertainty associated with a Florida civil lawsuit creates a stressful experience for the parties involved. Despite the sense that so much is unknown about a civil lawsuit, there is a process designed to provide predictability for everyone involved. 

Civil Lawsuits: An Overview

Civil lawsuits arise when people, businesses, or organizations seek to address a legal wrong committed against them. Compensation is a standard remedy sought by the party filing the lawsuit. However, there are many other types of remedies or damages available to a victorious party in a lawsuit, such as specific performance under a contract or an injunction in a property law matter.

Why File a Civil Lawsuit in Florida?

Just because a person has been injured in a slip and fall or car accident does not mean that a lawsuit must be filed. After an investigation into the situation, the parties involved may be able to negotiate a settlement. Gathering evidence, conducting an investigation, and determining the amount of damages sustained are all steps parties can take to settle their legal dispute before a civil lawsuit is filed. 

A lawsuit may need to be filed, for example, if an insurance company denies liability for an accident caused by its insured driver. In the alternative, even if an insurance company accepts fault for an accident, their settlement offer may be too small for an injury victim to accept. Medical bills, pain and suffering, and lost wages must be accounted for in a settlement offer. When the offer does not account for a key part of the damages sustained, a lawsuit becomes a consideration.

Complaint: The Initial Filing in a Florida Civil Lawsuit

The party who initiates the lawsuit is known as the plaintiff. Filing a complaint involves drafting a document that identifies the parties to the lawsuit, provides a basic overview of the circumstances of the dispute, and requests relief from the court. Different types of legal cases have different remedies available.

Serving the defendant with Notice of the Lawsuit

Once the complaint has been filed, the defendant must be provided notice. The defendant will have an opportunity to respond to the lawsuit by filing an Answer. This response will generally be due within twenty days of having been served with notice of the lawsuit. The Answer responds to each allegation in the complaint and raises any defenses the defendant wishes to assert.

Discovery, Mediation and Trial

Discovery involves gathering information relevant to the lawsuit. This information is used to help prepare for Mediation: A formal opportunity for the parties to settle. Finally, a trial involves both parties presenting evidence to support their legal arguments. 

Have Questions about a Civil Lawsuit? Contact Difilippo & Pica, PLLC 

The experienced attorneys with Difilippo & Pica, PLLC help clients when they are in the greatest need. Contact our office today for a free case review.