Founding Attorney
When a legal dispute arises between individuals, businesses, or organizations, it usually falls under civil law. Unlike criminal cases, which focus on punishing wrongdoing, civil lawsuits aim to resolve disagreements and provide compensation or other remedies. Whether you’re dealing with a contract issue, an injury, or a property conflict, knowing your rights and options can make a big difference. Here’s what you should know about the different types of civil lawsuits and how we can help at Van Elswyk Law.
Common Types of Civil Lawsuits
Civil cases cover a wide range of disputes. Some of the most common include:
- Personal Injury Claims: These cases involve injuries caused by someone else’s careless actions. Car accidents, slip and fall incidents, and medical malpractice are just a few examples. If you’ve been hurt, you may be able to recover compensation for medical bills, lost income, and emotional distress.
- Breach of Contract Cases: When someone fails to honor the terms of an agreement, it can lead to financial losses and legal action. Breach of contract cases may involve anything from business deals to home improvement agreements. Sometimes the goal is money damages, but other times, the court may order the person to fulfill their original promise.
- Property Disputes: Property conflicts often involve disagreements over boundaries, property damage, or rental agreements. Whether it’s a dispute with a neighbor, a landlord, or a previous property owner, the outcome can affect your rights and property value.
Each type of case presents its own challenges. We work closely with you to understand the facts and determine the best course of action.
Statute of Limitations for Civil Lawsuits
Florida law sets strict time limits for filing a civil lawsuit, known as the statute of limitations. Missing the deadline could mean losing your right to pursue a claim. Here’s a quick overview:
- Personal Injury: You generally have two years from the date of the injury to file a lawsuit.
- Breach of Contract: For written contracts, you typically have five years. Oral contracts usually allow four years.
- Property Disputes: If you’re seeking compensation for property damage (like a damaged home or car), you generally have four years. However, if the damage stems from negligence (such as a car accident claim), the deadline may be two years.
Every situation is unique, and other factors can affect the deadline. We’ll review your case carefully and make sure important filing dates are met.
Damages Available in Civil Cases
The goal of a civil lawsuit is usually to make things right through compensation or another remedy. Here are some types of damages that might be available:
- Compensatory damages: This covers the direct losses you’ve suffered, like hospital bills, lost wages, or costs to repair property.
- Punitive damages: In rare cases where someone’s behavior was especially harmful, additional damages may be awarded to punish the wrongdoer.
- Injunctions: Sometimes, the court orders someone to do or stop doing something, such as removing a structure from disputed property.
We’ll help you understand what types of damages apply in your case and fight for the result you deserve.
Court Procedures and What to Expect
Starting a civil lawsuit involves a few main steps:
- Filing the complaint: This document explains what happened and what you’re asking for.
- Serving the defendant: The other party must be officially notified about the lawsuit.
- Discovery: Both sides exchange information and evidence.
- Trial: If a settlement isn’t reached, the case will be presented in court.
It’s important to know that many cases settle before reaching a courtroom. We’ll guide you through each stage, explain your options clearly, and prepare your case as if it will go to trial — even if it ultimately settles.
Alternative Dispute Resolution Options
Not every civil case needs to end in a courtroom battle. Sometimes, it makes sense to resolve disputes through:
- Mediation: A neutral third party helps both sides reach an agreement.
- Arbitration: A private process where an arbitrator hears the case and makes a binding decision.
- Settlement negotiations: Direct talks between parties to reach a fair agreement.
Alternative dispute resolution can save time, money, and stress. We’ll talk through all your options so you can make the best choice for your situation.
Start Your Civil Case with Confidence
If you’re involved in a civil dispute, don’t wait to take action. Deadlines matter, and having the right legal support can make all the difference. At Van Elswyk Law, we’ll listen to your concerns, explain your options clearly, and stand by you every step of the way. Contact us today to schedule your consultation and start moving forward.