Grasping the complexities of what it means to “take legal action” can be daunting, particularly for those unfamiliar with the legal landscape of a particular state. Anyone contemplating Florida civil litigation would benefit from developing an understanding of civil litigation works in the state. From contract disputes to personal injury claims, the process of resolving civil matters through the courts requires knowledge of Florida’s legal procedures and regulations. This legal knowledge includes generally understanding the types of cases heard, the difference between courtroom litigation and the use of alternative venues of dispute resolution, and essential procedural steps. Whether a business owner, a tenant, a landlord or another individual seeking justice, understanding the basics of civil litigation in Florida can empower anyone to effectively engage with the legal system and make informed decisions.

Legal Documentation

Reviewing legal documentation prior to taking legal action against an individual or business is paramount for several reasons. Almost every commercial relationship is governed by written understandings that may have been signed, consented to, or otherwise agreed to by at least two parties. For instance, homeowners associations (HOAs) typically have by-laws and Covenants, Conditions, and Restrictions (CC&Rs) by which all members in the HOA’s community agree to abide. These documents outline the rights and responsibilities of both the association and its members, serving as a foundational framework for resolving disputes within the community.

In cases where there were no formal legal documents, email correspondence and recorded conversations may serve as evidence to demonstrate that parties consented or agreed to specific terms and conditions. These communications can play a crucial role in establishing the intentions of the parties involved and clarifying any misunderstandings that may arise. By thoroughly examining such documentation, individuals and businesses can gain insight into the nature of their agreements and assess the strength of their legal positions before initiating legal proceedings.

Moreover, in the absence of any records of communications or specific agreements, Florida Statute and existing legal frameworks such as the Uniform Commercial Code may be invoked in a court of law to interpret the merits of a legal case. These statutes provide guidelines and principles for resolving disputes and enforcing contracts, ensuring that parties are held accountable for their obligations under the law. Thus, by conducting a comprehensive review of legal documentation and understanding the relevant legal frameworks, individuals and businesses can effectively evaluate their legal rights and obligations before pursuing litigation, potentially avoiding costly and time-consuming legal battles.

Size of the Claim

Small claims court and large claims court in Florida differ in several key aspects. Small claims court is designed to handle disputes involving money damages up to $8,000.00. It’s important to note that the damages calculation excludes court costs, interest, and any legal fees. These cases are typically heard in county courts, providing individuals with a relatively accessible and streamlined process for resolving minor disputes. However, the county court where the hearing takes place may vary, depending on factors such as the county of residence of the defendant, the county where the action occurred, or the location where the property involved in the legal action is situated.

“In cases where there were no formal legal documents, email correspondence and recorded conversations may serve as evidence to demonstrate that parties consented or agreed to specific terms and conditions.”

On the other hand, a large claims court in Florida addresses civil legal cases involving damages over $8,000. These cases are also handled by county courts up to a limit of $50,000 in damages. In most cases, large claim cases involve more complex legal issues and larger sums of money compared to small claims court matters. District courts handle claims involving damages of $50,000 and up. Furthermore, district courts also handle county court appeals involving cases which may be under $50,000 in damages.

Alternative Methods of Dispute Resolution

In light of the often lengthy and costly nature of trying cases in county and district courts, many businesses and organizations have turned to alternative means of dispute resolution. One prevalent method is arbitration, where parties agree to submit their dispute to a neutral third party, known as an arbitrator, who renders a binding decision. Arbitration offers several advantages, including a faster resolution timeline compared to traditional litigation and greater flexibility in selecting the arbitrator and procedural rules. Additionally, arbitration clauses are commonly included in contracts, providing a predetermined mechanism for resolving disputes and potentially reducing uncertainty and legal expenses for all parties involved.

Direct negotiation and mediation sessions are also popular alternatives to resolving disputes outside of the courtroom. In negotiation, parties engage in direct discussions to reach a mutually acceptable resolution without the need for third-party intervention. Mediation, on the other hand, involves the assistance of a neutral mediator who facilitates communication between the parties and helps them explore potential solutions. Unlike arbitration, mediation outcomes are non-binding, giving parties greater control over the final resolution. These alternative methods of dispute resolution are often less contentious and costly than arbitration and courtroom litigation, making them attractive options for businesses and individuals seeking to resolve their differences efficiently and amicably.

Because negotiation and mediation offer parties the opportunity to maintain relationships and preserve confidentiality, they are often preferred over more adversarial approaches. Moreover, these methods allow for creative problem-solving and can lead to mutually beneficial outcomes that may not be achievable through arbitration or litigation. By prioritizing direct negotiation and mediation, businesses and individuals can avoid the protracted legal battles and escalating costs associated with traditional court proceedings, fostering a culture of cooperation and conflict resolution within their organizations and communities.

The Importance of an Attorney

In Florida, anyone may hire a lawyer to represent them in courtroom proceedings. This is even true for small claims court cases where sometimes the complexity of the matters involved may make it necessary to have a legal representative. However, plaintiffs or defendants often find it beneficial to hire an attorney long before a matter ends up in court. In many cases, the presence of an attorney is enough to end a dispute. This often involves a few rounds of communication between the lawyers representing the parties in a dispute.

Your legal representative can work with individuals and businesses to build a solid case prior to negotiations, mediation or arbitration, often representing plaintiffs or defendants in these alternative dispute methods in the same way as they would in court.

Having competent Florida-licensed legal counsel can be beneficial even without a dispute to resolve. This is because proactively working with attorneys to vet, review and draft documentation prior to beginning a business relationship with another party is a good way to avoid conflicts and misunderstandings later on.

Selecting an Attorney

Are you either being sued or planning to take legal action in Florida? If so, before choosing to work with a law firm, look for characteristics that identify it as competent, experienced and dedicated to resolving the type of dispute that you would like resolved in your favor. Ask yourself the following questions as you analyze the various options.

Are there too few attorneys in the firm?

Some smaller firms may not have the resources to dedicate to a complex litigation case. There may be other cases being handled by the firm at the same time, which can also make it difficult for smaller firms to deliver a high quality of service.

Are there too many attorneys in the firm?

Some larger firms may not have the partner-level attention to detail needed to manage to a complex litigation case. Some of these firms may relegate your case entirely to inexperienced junior lawyers and thus compromise your chances of success.

How satisfied are their clients?

A good indication of a firm’s reputation is whether it has amassed a large body of positive reviews. Look for law firms with many genuine five-star ratings on Google, and check to verify that these ratings are legitimately real clients of the firm rather than friends, family, and paid reviewers.

Are these attorneys licensed in Florida?

The United States is home to many great lawyers. However, if your matter pertains to Florida, then it is suggested that you seek the best Florida legal counsel you can find. Experienced local lawyers are licensed to represent clients in matters related to the State of Florida and may have extensive knowledge of the local courts which can be beneficial should the cases end up in litigation.

Do they do business in the practice area related to the matter?

Check to make sure that the law firm you are considering has a robust practice in the type of matter for which you require representation. If you are a property developer facing a legal challenge, a member of an HOA looking to defend your rights in a harassment case or a victim of an accident caused by someone else’s negligence, look to see if the lawyers you are analyzing have handled cases of this type before you hire them.

Are their fees affordable?

Legal fees range widely across the State of Florida and are a reflection of a particular attorney’s experience and the complexity of the case. Know that while most attorney’s collect a retainer up front and then charge an hourly rate, there are accepted payment terms in some practice areas that differ from this model. For example, in the personal injury practice area, law firms typically charge a contingency fee. This means that you only pay if your case is won, owing nothing if there is any other outcome to your case. Contingency fees typically only apply to personal injury plaintiffs.

South Florida Law

If you are considering suing another party or perhaps if you have been served notice of pending legal action, the attorneys of South Florida Law can evaluate your case quickly and, if we bring on your case, aggressively seek an outcome that serves your best interests.

When representing the plaintiff in personal injury cases, South Florida law operates on a contingency fee basis, which means that you pay us nothing unless we win your case for you.