Civil Litigation

Excellence. Integrity. Perseverance.

Hialeah, FL Civil Litigation Attorney

Reliable Representation in Pembroke Pines, FL

Civil Litigation becomes necessary to resolve demand letter and pre-suit negotiations, settlement agreements, collections issues, business disputes, contract disputes, replevin, civil theft, intentional infliction of emotional distress, defamation, probate, real estate, civil appeals, and landlord and tenant issues. 

As a Hialeah, FL civil litigation lawyer, I can help you in the following civil litigation issues:

Demand letter and pre-suit negotiations

  • Settlement agreements
  • Collections issues
  • Business disputes
  • Contract disputes
  • Replevin
  • Civil theft, 
  • Intentional infliction of emotional distress
  • Defamation (Libel & Slander)
  • Probate
  • Real estate
  • Landlord and Tenant issues (Representing Landlords) 
  • Civil Appeals 

Schedule an initial consultation to explore your options in a civil litigation case. Contact me online 
or call (786) 442-2984 to get started.

How Does Civil Litigation Work in South Florida?

Civil litigation works to address and adjudicate a wide range of disputes. Though a civil trial can sometimes appear to resemble a criminal proceeding, It is important to note that civil litigation never involves criminal charges. 

Before filing a civil action in the appropriate court, you should always consider consulting with an experienced attorney. I can review the facts of your situation and determine if you have a strong case. I will always be forthright and transparent when evaluating the strength of your claim and potential odds of success. I can also help you understand the statute of limitations involved in your case and consequently how long you have to take legal action.

How Do You Proceed?

If you are ready to proceed, you will need to file a complaint with the appropriate Florida court. This complaint will name the defendant (or defendants), explain their transgressions, and state what you wish to get out of the case. Depending on the nature of the situation, you may wish to recover significant monetary damages from the defendant. In others, you may only want to enforce an action. I can help prepare your complaint and deliver it to the appropriate parties.

After the defendant is served with the official complaint, they will have an opportunity to formally respond. In many cases, the defendant will deny the allegations.

What Happens After Pleadings Have Been Filed?

Once pleadings have been filed with the court, the discovery process will begin. Discovery encapsulates all of the research that is necessary to build an effective case in court. I will gather and review evidence as well as contact and interview witnesses and relevant experts. The plaintiff’s legal team generally has the right to request and access documents, information, and evidence from the defendant, and vice versa. The discovery process typically lasts for several months or more.

Next comes pre-trial negotiations. Both sides will have a sufficient sense of what evidence and testimony will come into play during a trial. Depending on how the available information is weighted, it may become clear that one side is more likely to prevail if the case proceeds to trial. 

This dynamic often results in pre-trial settlements. In fact, many civil cases never make it to trial. No matter your position in a case, I will always work to secure the best possible outcome. I will be direct and honest when assessing a settlement offer and advise how best to move forward.

What if a Settlement Cannot be Reached?

If an agreeable settlement cannot be reached, the case will go to trial. Depending on the situation, a jury may or may not be involved. Like in any trial, both legal teams will present opening arguments, question witnesses, present evidence, and make closing statements. The judge (and jury, if one is involved) will ultimately make a decision and, if necessary, determine a judgment, including any appropriate damage awards.

As a Hialeah, FL civil litigation attorney, I am extremely familiar with each stage of this process. I can serve as your guide and advocate throughout your case and will always put your needs and objectives first. 

Contact me online or call (786) 442-2984 to schedule your initial consultation today!

How Arbitration and Mediation Play a Role in Civil Litigation

Alternative dispute resolution can in some circumstances help parties avoid an expensive and time-consuming civil trial. Arbitrations and mediations are generally faster and more cost-effective than fighting a case in court. They are also completely private, which can be useful for adjudicating sensitive matters, such as a divorce, and you will typically have relatively more control over the matter’s outcome.

Alternative dispute resolution is often mandated in many employment agreements, so you may not have a choice over how to proceed if you are involved in an employment or labor dispute. Arbitration and mediation also may not be right for every situation, especially if the matter is especially complex or contentious. I can assist you with all forms of dispute resolution and can advise what strategy makes the most sense for your case.  

Civil Litigation Cases I Handle

I am an experienced litigator that has handled many types of civil cases in South Florida courts. When you come to me for help, I can review your litigation options and help you understand how I plan to approach your case. I can also provide litigation support and assist you with appeals.

As a Hialeah, FL civil litigation lawyer, I can help you litigate matters involving:

  • Employment or Labor Disputes. Many employers require that prospective workers agree to arbitration as a condition of employment. In some cases where these provisions are not involved, civil litigation is often used to adjudicate irreconcilable labor-related disputes. I represent both employees and employers in a variety of common conflicts, including wage claims, wrongful termination claims, discrimination claims, severance agreements, and restrictive covenant enforcement issues.
  • Personal Injury Claims. When someone suffers injuries as a result of another person’s negligence, they have a right to recover damages to cover medical expenses, property damages, lost income, reductions in quality of life, and more. In some especially severe cases, punitive damages can also be assigned. I represent claimants and defendants in many types of personal injury cases, including automobile accidents, dog bites, and premises liability incidents.
  • Breaches of Contract. When multiple parties enter into a legally enforceable agreement, they promise to fulfill the responsibilities and obligations articulated in the contract. Should a party fail to honor one or more terms of an agreement, they are in breach of contract and vulnerable to legal action. A party bringing a breach of contract claim will typically move to recover damages caused by the breaching party’s conduct. I represent plaintiffs and defendants in many types of breach of contract claims.
  • Breaches of Fiduciary Duty. An individual can owe a “fiduciary duty” to another party, or a legal responsibility to act in that party’s best interest, in a variety of scenarios. A trust administrator, for example, must act in the best interests of the trust’s beneficiaries. Individuals injured by breaches of fiduciary duty can potentially recover damages if they can establish the fiduciary duty existed, that a breach occurred, and that the breach directly caused damages. I can help plaintiffs and defendants manage breach of fiduciary duty claims.
  • Intellectual Property Disputes or Infringement Claims. Patents, trademarks, and copyrights are intended to safeguard many forms of intellectual property, which often form the cornerstone of a company’s competitive advantage. Abuses or exploitation of protected intellectual property may require civil legal action to resolve. I can assist claimants and defendants with navigating these types of cases.
  • Divorce. When married partners wish to legally separate, they must go through divorce proceedings. Some divorces can be handled without litigation if both parties can agree to every term of the separation. Civil litigation will be necessary if there are any disputes involving property division, debt division, spousal support, or child custody. I can help you move through this delicate process and do everything possible to achieve your goals. Divorce cases can also often be a good candidate for arbitration or mediation.
  • Probate. Probate is the process through which a deceased person’s estate is settled and closed with the state. It is a notoriously costly and protracted endeavor that can be rife with conflict requiring litigation to resolve. I can assist with many types of probate matters, including will contests and breaches of fiduciary duty.
  • Partnership Disputes. Conflicts involving a company’s leadership can be especially contentious and complex, especially with so much at stake. I can help you litigate issues involving allegations of fraud, misappropriations of funds, ownership rights, shareholder disputes, and more.
  • Encroachment and Other Real Estate Issues. An encroachment refers to a situation where another party has built something on – or even inhabited – a piece of property they do not legally own. Encroachments can cloud a title and make land ownership transfers difficult. I am deeply familiar with real estate law and can work to help you resolve many types of title defects, including encroachments.
  • Other Matters of Business Law. I have an extensive knowledge of numerous areas of business law and can assist your company with litigating business torts, securities issues, and more.

Learn more about how The Law Office of Arianna M. Mendez, PLLC can assist with your civil litigation case. Contact me online or call (786) 442-2984. I provide my services in English and Spanish. 

Contact Attorney Mendez Today!

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