If you’ve suffered a financial loss, property damage, or personal harm due to someone else’s actions, Florida law gives you the right to pursue justice through the civil court system. You may be entitled to compensation—but first, you must file a civil lawsuit.
Whether you’re dealing with a breach of contract, unpaid business debt, personal injury, or other civil matter, understanding how to file a lawsuit is the first step.
As experienced civil litigation attorneys in Florida, we’ve helped individuals and business owners throughout the state take legal action and recover what they’re owed. Here’s a clear guide to get started.
Step 1: Identify Your Legal Claim
The first step is understanding what type of case you have. Common Florida civil claims include:
- Breach of contract
- Personal injury or negligence
- Property damage
- Unpaid invoices or business debts
- Defamation or business torts
- Consumer fraud
A civil trial lawyer can help determine if you have a valid legal cause of action and what evidence is needed to support your claim.
Step 2: Gather Evidence of Your Losses
To succeed in court, you’ll need evidence that supports your case. Depending on the type of claim, this may include:
- Contracts or written agreements
- Invoices and payment records
- Photos of damage or injury
- Witness statements
- Medical or repair bills
- Emails or communications
- Business records
A strong paper trail is key to proving damages and liability.
Step 3: Draft and File a Complaint in Civil Court
Once your evidence is in order, your attorney will help you draft a Complaint—a legal document that outlines:
- The parties involved
- The legal theory of the case (e.g., negligence, breach)
- The facts supporting the claim
The Complaint is filed with the clerk of court in the appropriate county or circuit court, depending on the value and complexity of the case.
Step 4: Serve the Defendant
After filing the Complaint, the court will issue a Summons. This document, along with a copy of the Complaint, must be personally delivered to the defendant through service of process.
Florida law requires proper service to give the defendant official notice of the lawsuit. If they’re a business, service is usually made on the registered agent.
Step 5: Prepare for Litigation
Once the defendant is served, they have 20 days to respond. From there, the case proceeds through the litigation process:
- Pleadings – Responses, counterclaims, and motions
- Discovery – Interrogatories, depositions, document exchanges
- Mediation – A chance to settle before trial
- Trial – A judge or jury hears the case and issues a ruling
Most cases are resolved through settlement, but if trial is necessary, a civil trial attorney will present your case in court.
Step 6: Enforce the Judgment (If You Win)
If you win your case, the court will issue a judgment in your favor. If the losing party refuses to pay, your attorney can help enforce the judgment through:
- Wage garnishment
- Bank account levies
- Liens on property
- Seizure of assets
When Should You Hire a Civil Litigation Attorney?
You should contact a Florida civil litigation attorney if:
- You’ve suffered financial, physical, or property loss
- You’ve attempted to resolve the issue without success
- You want to hold a person or business legally accountable
- You need help filing a lawsuit or defending your rights in court
Litigation is complex and procedural. A mistake in filing, service, or strategy can cost you time, money, and legal standing.
Speak With a Florida Civil Trial Lawyer Today
If someone caused you harm and you’re ready to take legal action, we’re here to help. At [Your Law Firm Name], we represent individuals and businesses across Florida in a wide range of civil disputes. We’ll evaluate your claim, guide you through the filing process, and fight to recover the damages you deserve.
Contact our office today to schedule a consultation with an experienced Florida civil litigation attorney.
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