Central Florida Civil Law

WHAT IS CIVIL LITIGATION?

Civil litigation, as opposed to a Criminal prosecution, involves a dispute between two or more individuals or businesses, usually over money. Breach of Contract, Personal Injury, Malpractice and Landlord/Tenant disputes are examples of disputes that, if tried in court, are referred to as "Civil Litigation" matters.

Attorney Mandy Pavlakos and Of Counsel Civil Litigation Partner Attorney Timothy Dave are experienced in many areas of Civil Litigation. They routinely pursue and defend claims for breach of contract, unfair trade practices, unjust enrichment, landlord tenant matters and consumer issues. Call the Law Office of Mandy Pavlakos at 407-688-1301 ext. 303 for a consultation.

CIVIL LITIGATION

We hope the information provided below will assist you in familiarizing yourself with some of the main issues associated with Civil Litigation. While the information below attempts to answer some common questions in this area, State and local laws may significantly modify the facts set forth below. Every legal problem is unique, nothing provided here is a substitute for the advice of competent counsel. We strongly urge you to consult with an attorney licensed to practice in your state about any particular legal problem you may have.

WHAT ARE THE TITLES OF THE PARTIES IN THE LAWSUITS?

The person who begins a lawsuit is known as the "Plaintiff." The person who is sued is known as the "Defendant." There can be more than one plaintiff or defendant in a lawsuit.

WHAT PAPERS GET FILED TO START A LAWSUIT?

A lawsuit is usually started by the Plaintiff filing a pleading known as a "Complaint." Next, the Defendant files a responsive pleading of some sort (usually this is an "Answer").

WHAT IS THE "DISCOVERY" PHASE OF A LAWSUIT?

After the answer is filed, the parties engage in "Discovery," a process through which each side finds out all the facts about the case so neither side is surprised by an unknown fact at trial. Discovery can include written questions that are answered by the parties (known as "Interrogatories"), witnesses answering questions under oath before a court stenographer (known as "Depositions"), the exchange of documents and one or both of the parties admitting certain facts that are in dispute.

WHEN WILL TRIAL START?

When discovery is over, the trial is scheduled.

WHAT IS AN "OUT-OF-COURT" SETTLEMENT?

Because a civil lawsuit involves a dispute between private parties, it can be settled by the parties at any time. An out-of-court settlement is simply an agreement between the plaintiff and defendant to end the lawsuit on terms that they each find acceptable. Usually, a settlement involves a compromise between the Plaintiff and Defendant. It is important to remember that not all cases need to be litigated in court or go through the entire process discussed above. Settlements are often preferable to a trial because each party knows what the outcome will be and saves the considerable risks and expenses incurred when a trial is involved.

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