Van Elswyk Law represents individuals and businesses in Sarasota and the surrounding area in civil litigation. From contract disputes to securities fraud and high-net-worth divorce, our firm has a proven track record of success in arbitration and court proceedings.
Founding attorney Brice Van Elswyk works to find negotiated solutions and avoid costly litigation but is always prepared to litigate to achieve the best possible outcome. Regardless of the type of dispute, it takes a seasoned civil litigation attorney to protect your rights and interests. Contact Brice today to schedule a confidential consultation.
Civil Litigation Attorney Representing Clients in Sarasota
Unlike a criminal proceeding in which the defendant is acquitted or convicted, civil litigation involves claims between parties seeking monetary damages or another legal remedy, such as specific performance or an injunction. Van Elswyk Law guides clients through all aspects of civil litigation, including:
- Pretrial negotiation
- Pretrial proceedings
- Potential settlement
Attorney Van Elswyk regularly conducts discovery, including e-discovery, to recover electronic communications – emails, texts, social media profiles, website content, and other data – and utilizes recovered information to make effective presentations during depositions and at trial.
The Advice and Counsel You Need
Van Elswyk Law represents clients in all types of civil disputes, focusing on the following matters:
- Contract disputes – The firm negotiates and litigates contract disputes involving business contracts, employment agreements, and real estate contracts, including breach of contract, breach of warranty, and misrepresentation.
- Securities fraud – Attorney Van Elswyk helps individual investors recover losses due to securities fraud (e.g. unsuitable investments, unauthorized trading, churning, breach of fiduciary duty) through arbitration and court proceedings.
- High-net-worth divorce – The firm represents clients in high-net-worth divorce cases involving complex properties and assets valued at $1 million or more.
- Negligence – It takes a skilled Sarasota civil litigation attorney to protect your rights and interests if you have suffered harm due to another party’s negligent or reckless conduct.
- Injunctions – The firm assists clients with obtaining or defending against temporary and permanent injunctions and restraining orders, including domestic violence injunctions.
Brice Van Elswyk prefers to resolve disputes through settlement negotiations, but his trial-ready approach will benefit you at the bargaining table or in the courtroom.
Civil Litigation: Legal Remedies
Van Elswyk Law works strategically to help prevailing plaintiffs obtain the following damages and legal remedies:
- Compensatory damages to recover financial losses resulting from a breach or tort
- Consequential damages or “special damages” for losses arising from an indirect but foreseeable consequence of the defendant’s actions
- Liquidated damages or monetary damages when such damages are stipulated and agreed to in a contract
- Punitive damages to punish the defendant’s illegal conduct and to deter others from similar wrongdoing
- Rescission to cancel a contract and release both parties from further performance
- Reformation or a modification of contract terms to reflect the original intent of the parties
- Specific performance, a court requiring the defendant to perform its contractual obligations when monetary compensation is not feasible (e.g. providing goods or services)
Let an experienced Sarasota civil litigation attorney help you recover damages that account for all your losses.
Civil Litigation Proceedings In Bradenton & Sarasota Florida
It is common for the presiding judge to advocate for a settlement between the disputing parties before resorting to a courtroom trial. Should the case proceed to court, it is imperative for the parties to be prepared to produce evidence and call forth witnesses. The admissibility of evidence is at the discretion of the judge, guided by the established rules of evidence.
Legal counsel for both the claimant and the accused have the right to challenge evidence or interrogations to streamline the focus of the proceedings. After the presentation of all evidence and the delivery of final arguments, the judge will render a decision regarding the dispute. Should the judge find any party liable for misconduct, they may impose monetary recompense for the claimant or levy financial sanctions against the defendant.
What Is Alternative Dispute Resolution?
Because civil litigation can be lengthy and costly, Van Elswyk Law recommends that clients consider alternative dispute resolution (ADR) proceedings such as mediation and arbitration:
- Mediation – In this form of ADR, the parties hire a neutral third party known as a mediator to guide them to a negotiated settlement. The mediator does not offer legal advice or make rulings, but identifies points of contention, helping the parties to find common ground and reach a mutual agreement.
- Arbitration – Business and employment contracts typically include a mandatory arbitration clause requiring the parties to resolve disputes through binding or non-binding arbitration. The parties submit their claims to an arbitrator (or a panel of arbitrators) who hears arguments and evidence and renders a final decision known as an arbitration award.
Why Choose Van Elswyk Law?
Brice Van Elswyk has a well-earned reputation as a dedicated advocate who provides clients with aggressive representation in civil litigation. He works with clients to explore all their options to resolve legal disputes. When litigation is the only option, Brice leverages his trial skills to achieve positive outcomes. If you are facing a legal dispute, trust Van Elswyk Law to protect your rights and interests in and out of the courtroom.
Contact Our Experienced Sarasota Civil Litigation Attorney
Working with an experienced civil litigation attorney is essential if you are involved in a legal or business dispute. Contact our Nokomis office today to set up an appointment with our civil litigation lawyer.
Van Elswyk Law helps clients with all types of civil litigation in Sarasota, Bradenton, Charlotte County, Hillsborough County, and Manatee County.