Civil litigation lawsuits are legal disputes between multiple parties where the plaintiff seeks either monetary damages or a specific performance. The most common types of civil litigation lawsuits are tort claims, breach of contract/contract dispute, and landlord/tenant issues. Being that civil litigation cases are so common in Florida, we have come up with a top 8 list of things you can do to help yourself if you are getting sued in a civil lawsuit.
- Hire an attorney right away – Limited Liability Companies need representation in Florida according to the Florida Revised Limited Liability Company Act Ch. 605
- Abide by court deadlines so you do not get defaulted. Having default entered against you can lead to repercussions such as a final judgment entered against you (which can turn into wage garnishment and/or a bank levy).
- Communicate with your attorney constantly and keep the lines of communication open. You do not want to miss a settlement offer, hearing date, or a request for discovery (meaning producing documents, admissions, and interrogatories).
- There is no magic number… civil litigation cases are almost always heavily contested, and the other side is always going to give pushback. Make sure to have all your documents and evidence that support your defenses organized for the attorney to review. Remember: the more evidence you have, the stronger your position is in the lawsuit.
- Refrain from talking to the opposing party throughout the lawsuit, if you need something to be said, have your attorney reach out for you - this is why you have an attorney. Communicating on your own can lead to costly mistakes in the case and unfavorable decisions made against you!
- Have a clear understanding of your objectives: are you going to settle or fight? If you’re going to fight the case, keep in mind that it will cost more money than a settlement. You must respect the budget you set and make sure it makes sense in comparison with how much you’re being sued for in the lawsuit.
- Provide all documents to your attorney from the initiation of the case. If Discovery is propounded against you, be aware of the deadlines to respond. Failure to respond within the allotted timeframe may subject you to a Motion to Compel, Contempt and Sanctions. Keep in mind that it is ok to ask for a reasonable extension if you need more time (just make sure to keep your attorney and paralegal informed).
- Disclose everything to your attorneys, including: any witnesses, expert or not, other lawsuits, and the exact facts of the lawsuit. If we do not know everything, we can’t give you the best representation or formulate the best defense for your case. Help us help you!
The process of getting sued can be overwhelming, especially when you unexpectedly get served with the summons, but there are logical steps you can take to protect yourself, your rights, and your assets. Remember: the best course of action to take in a civil lawsuit will differ from party to party. This may sound straightforward, but many people let personal grudges takeover in civil litigation and that can lead them to more costly litigation expenses rather than if they were to have just settled early on. If you have been sued and need legal defense in a civil lawsuit, our best advice is to consult with an experienced civil litigation attorney right away so that you can learn about your rights and options. If you would like a free consultation in Miami, Fort Lauderdale, Orlando, Tampa, Jacksonville or West Palm Beach, please contact us at: 305-514-0500.
