Attorney Eliot Dempsey and The Dempsey Law Firm represent clients throughout the civil litigation process, helping individuals and businesses protect their rights while pursuing fair and effective resolutions to complex legal disputes. With a strong understanding of Florida civil procedure, Attorney Eliot Dempsey guides clients through each stage of litigation while developing strategic solutions tailored to the unique circumstances of every case.

WHAT IS CIVIL LITIGATION?

Civil litigation is the legal process for resolving non-criminal disputes between individuals, businesses, or organizations, where one party (plaintiff) sues another (defendant) seeking money (damages) or a specific remedy rather than punishment. 

Money damages are the most common legal remedy in civil cases. Civil litigation covers a wide range of issues such as contract breaches, personal injury, property disputes, family matters, and employment issues.  

The Civil Suit Process

The Florida civil suit process begins with the pleadings stage, where the plaintiff files a Complaint and Summons to formally start the lawsuit and notify the defendant of the claims being made. Once served, the defendant has a limited amount of time to file a response or answer, which officially joins the issues in dispute and moves the case forward.

After the pleadings are complete, the case enters the discovery phase, which focuses on gathering information. During discovery, both sides exchange evidence through written questions, requests for documents, and depositions, which are sworn statements taken outside of court. This process allows each party to evaluate the strengths and weaknesses of the case before trial.

Attorney Eliot Dempsey and the Dempsey Law Firm work closely with clients during discovery to ensure all relevant evidence is properly obtained, analyzed, and presented.

Next is the pretrial stage, where the parties file motions asking the judge to rule on legal or procedural issues. The judge also sets deadlines and manages the case schedule. At this stage, courts often encourage the parties to attempt settlement through alternative dispute resolution methods, such as mediation, to resolve the dispute without going to trial.

If the case does not settle, it proceeds to trial before a judge or a jury. Each side presents evidence and arguments, and the plaintiff bears the burden of proving that their claims are more likely true than not. After the trial concludes, the judge or jury issues a decision.

Finally, either party may appeal the judge’s ruling or the jury’s verdict to a higher court. An appeal does not involve a new trial but instead asks the appellate court to review the case for legal errors that may have affected the outcome.

Through each stage of civil litigation, Attorney Eliot Dempsey and The Dempsey Law Firm remain committed to providing strategic guidance, strong advocacy, and personalized representation designed to achieve favorable outcomes for their clients.

Frequently Asked Questions — Civil Litigation

What is civil litigation and how does it differ from criminal law?

Civil litigation is the legal process for resolving disputes between private parties — individuals, businesses, or organizations — where one side seeks money damages or a court order rather than criminal punishment. Common civil matters include contract disputes, business disagreements, property claims, and personal injury. The Dempsey Law Firm handles civil litigation throughout Florida.

How long does a civil lawsuit take in Florida?

The timeline varies widely. Simple disputes that settle quickly may resolve in a few months. Complex cases that go through full discovery and trial in Circuit Court can anywhere from one to two years or more. Most Florida civil cases settle before trial — often during or after the discovery phase or at mandatory mediation.

What is the discovery process in Florida civil litigation?

Discovery is the formal information-gathering phase where both sides exchange evidence before trial. It includes written interrogatories, requests for production of documents, requests for admissions, and depositions — sworn testimony taken outside of court. Discovery is where most civil litigation is won or lost, and experienced legal representation during this phase is critical.

Is mediation required before trial in Florida?

Yes. Florida courts require mediation in most civil cases before a trial date is set. Mediation is a confidential, voluntary process facilitated by a neutral mediator who helps both sides reach a settlement. If mediation fails, the case proceeds to trial. Having an attorney represent you at mediation significantly improves your outcome.

What does it cost to hire a civil litigation attorney in Miami?

Civil litigation attorneys typically charge by the hour, on a flat fee for certain services, or on a contingency basis for certain claim types. The Dempsey Law Firm offers free initial consultations to evaluate your matter and discuss fee structures. The cost depends on the complexity of the case, the amount at stake, and how far the case must proceed.