Lakeland Civil Litigation Lawyer
Joshua W. Westcott
A Local Polk County Lawyer for General Civil Litigation Claims
While some common types of civil litigation tend to be handled by firms specializing in that type of litigation—e.g. personal injury suits; insurance claims; certain real estate disputes—there are a wide array of claims that are unique in their own right, and it may be difficult to find representation for these matters. Some of the civil litigation claims I handle include:
Breach of contract matters
Certain real estate disputes
Small claims matters
Landlord-tenant matters
Civil claim defenses when not handled by insurance
Feel free to reach out for a case evaluation, and I will determine if your case is one which I can provide representation.
Starting a Business in Lakeland, Florida? You may need Legal Advice and I’m here to Help.
Starting a business can be difficult, especially when it comes to the little details. While you don’t necessarily need a lawyer to start your business, you may find it helpful to consult with one about a number of issues and decisions you will need to make on your journey to starting a business. Are you going to operate as a sole proprietor or form a business entity? What are the implications of each? How will you handle your agreements with customers? Will you use written contracts? There are many questions that you will need to answer, and it may be helpful to at least consult with an attorney regarding your business plans.
Frequently Asked Questions:
What is Civil Litigation?
Civil litigation in Florida involves a legal dispute between two or more parties seeking monetary damages or specific performance rather than criminal sanctions. The process begins when the plaintiff files a complaint to obtain a legal remedy, and the defendant responds by answering the complaint. The civil litigation process in Florida typically follows several stages, including pleadings, discovery, pre-trial proceedings, trial, and possibly appeal. During the discovery phase, parties exchange relevant information and gather evidence to build their cases, which may include depositions, interrogatories, and requests for production. Florida courts oversee the litigation process to ensure that justice is served, and the rules are uniformly applied.
Florida's civil litigation system is designed to resolve disputes efficiently and fairly. Litigants in Florida may encounter different types of civil cases, including contract disputes, property disputes, personal injury claims, and family law matters. The Florida Rules of Civil Procedure govern the conduct of civil litigation and ensure that parties have a fair opportunity to present their cases. These rules dictate the timeline for filing motions, conducting discovery, and scheduling trial dates. Mediation is often encouraged in Florida as a means to settle disputes out of court, potentially saving time and resources for both parties. However, if a settlement is not reached, the case proceeds to trial, where a judge or jury will render a decision based on the evidence presented.
Do I Need a Lawyer to Form a Business Entity?
In most cases, you do not need to have a lawyer to create your business entity, such as an LLC, INC, LLP, and so on. It still may be helpful to consult an attorney to understand what the benefits and drawbacks may be to different types of business entities based on the type of business that you are starting, and an attorney can help guide you through the process of setting up your business entity with the Florida Department of State.
What About Contracts?
When running a business, you will likely be dealing with contracts such as purchase agreements, lease agreements, and other written agreements for goods and services. Making a decision to sign a contract has serious legal implications, and discussing the terms of an agreement with a lawyer can help you to make better-informed decisions and may help you to bargain for more favorable terms.
You may also want to use contracts with your own customers. The use of written contracts can be helpful in protecting you from certain liabilities and can help you in the event that you need to seek legal action against a customer. Contracts help to set out the expectations between you and your customers and can even help to establish certain rights and responsibilities for the parties involved if the contract is breached. A lawyer can help you to decide what you should address in your written contracts and help you draft the necessary language for any contracts you may decide to use.
What Other Issues Might I Need a Lawyer for in My Business?
The list of issues that may involve consultation or the hiring of a lawyer for your business is long. Each situation is unique, and it can be beneficial to have a good working relationship with a lawyer when it comes to your business. If you have an issue you would like reviewed or to find out more options you may have, feel free to reach out to me to see if I may be of assistance to your business.
