When you have a legal issue or dispute, you’ll need to consider which type of litigation in Florida is best for you or your business.
Naturally, this can be overwhelming so in this blog, we’ll try to make it easy to understand.
Our Florida litigation attorneys welcome you to call us today for a free consultation if you have a case that needs resolving with legal expertise.
Table of Contents
What is Litigation?
Litigation is the process of bringing a lawsuit against another party(s). It requires that the plaintiff (the person filing the lawsuit) follow strict rules and practices.
In most cases, litigation is for tort cases (where a party has infringed the rights of another), but it can be seen in a wide range of proceedings.
Contrary to popular belief, litigation doesn’t usually go to court. In most cases, litigation can find a resolution far before the need to enter a courtroom.
Do I Need Litigation?
To determine whether litigation is necessary for your case, you should ask a Florida litigation lawyer to review your case. Ask them if they think a lawsuit would help resolve the problem and if it is suitable for litigation.
If your case has no controversy or disagreements then it likely will not require litigation.
What Is Alternative Dispute Resolution?
Alternative Dispute Resolution (ADR) is used when a party seeks to find a resolution to a dispute without the need to go to trial. Using a Florida litigation lawyer, you can consider negotiations, mediation or arbitration.
Administrative Litigation is a type of litigation made between business and government or regulatory agencies, including local, state and federal agencies.
It typically arises when a business violates a law or regulation and an agency wants to take action or vice versa.
Corporate and Partnership Disputes
Corporate and partnership disputes are often made when there are disputes among stakeholders in partnerships, corporations and limited liability companies.
These types of litigation disputes are usually handled before going to court and are governed by both Florida state law and any contracts that were made between the relevant parties.
Business and Commercial Litigation
Business and commercial litigation cover complex commercial litigation, enforcing contracts, general business disputes, disputes with customers or vendors, unauthorized use of copyrights and trademarks, unfair competition, disputes with vendors, breach of employment contracts, and non-compete agreements.
This type of litigation in Florida seeks to resolve disputes in a fair and reasonable manner.
If your business has hit a disagreement that you feel needs business litigation, please contact our Florida business litigation lawyers for a free case evaluation.
Financial Institution Litigation
Financial Institution litigation handles a wide range of lending and financial disputes, usually involving banking and financial transactions. They can arise when a business or customer feels wronged by financial situations, through issues such as fraud, breach of contracts, negligence and other civil wrongs.
In Florida, financial institution litigation is governed by the Unfair and Deceptive Trade statute.
Computer and Software Litigation
When the use of technology leads to disputes in business, it can call for the need for litigation. This typically involves software development, computer contracts, software failure, licensing and agreement, and patent or copyright infringement.
Construction is an industry rife with contract disputes, as there are many demands on deadlines, shipments, safety and subcontractors.
Our Florida litigation attorneys have experience handling lawsuits surrounding construction defects, construction disputes, construction delays, licensing disputes, construction liens, contract disputes, surety and insurance claims and contractor disputes.
Intellectual Property Litigation
Intellectual Property litigation involves cases where a party believes their design, patent, trademark, copyright, trade secret or other unique property right has been stolen or used without permission.
It can also resolve cases where people in a business argue over who created the idea.
Health Law Litigation
Health law litigation can be used by patients, healthcare providers, businesses or insurers for cases involving Medicare reimbursement, medical malpractice and negligence.
If this has happened to you, we welcome you to call our Florida litigation lawyers today for a free case review.
Professional Liability Litigation
This type of litigation in Florida surrounds cases where a professional is accused of malpractice of negligence.
Florida professional liability law allows lawsuits to be brought against professionals who have caused damages. Such as with accountants, engineers, architects, medical and other professionals.
1st Amendment Litigation
If your rights or civil liberties can be infringed, you can use litigation to win damages or put an end to a dispute. All Americans are guaranteed freedom of speech and the right to petition under the First Amendment of the U.S. Constitution.
These often include libel, free speech, free press, freedom of religion and access to public record and meetings cases.
For example, if an individual in a business had their right to express themselves violated, then they may be able to file for this type of litigation.
Securities litigation is a type of litigation in Florida for disputes over financial securities, such as the purchase of stocks, bonds, annuities and other investments.
These typically involve violations made over material facts, insider trading or fraud. A common example is the sale of a business going through on the back of ‘facts’ that were later revealed to be lies.
Trade Secret Litigation
In Florida, trade secret litigation involves the enforcing of license agreements, non-disclosure agreements, trade secret agreements, confidentiality agreements, and non-competition agreements.
This is crucial in allowing businesses to protect their trade secrets from being stolen or issued by competitors.
Trust & Probate Litigation
Our litigation lawyers can represent beneficiaries, personal representatives and trustees in cases where a trust or probate process has been handled unfairly.
Trusts, and the probate process, must adhere to Florida’s estate planning laws. If these are violated, such as by a Trustee not using trust funds for the trust’s best interests, then you may have a case.
Real Estate Litigation
Real estate litigation in Florida covers a wide range of disputes in the sale or purchase of a property. Real estate law is often very complicated and cannot be handled by a real estate agent. Real estate litigation typically arises from mortgage foreclosure actions, lawsuits between purchasers and sellers of real estate, complex commercial landlord/tenant controversies, residential eviction/tenant eviction, closing disputes, and commercial eviction.
Insurance & Bad Faith Litigation
Insurance and bad faith claims can be filed against insurance companies if they’ve failed to meet Florida’s standards of insurance company behavior. For example, if your insurance company has been bullying you, manipulating you, lying or just not replying after several weeks then you likely have a case.
These cases are common in personal injury claims and property damage insurance claims.
Contact a Florida Litigation Lawyer Today
If you have a dispute, either personally or within your business, that needs resolving we welcome you to contact our Florida litigation lawyers today for a free case review.
Caitlin Szematowicz at Battaglia, Ross, Dicus & McQuaid, P.A. has extensive experience that can help you in every step, from document drafting to litigation.
Contact us today to schedule a free consultation.