Tips From a Gainesville Attorney: How Does a Lawsuit Work?

The legal system is an important part of our country’s foundation, and it includes criminal and civil suits that enter into litigation and are often worked out in a court of law. If you’re considering filing a lawsuit, or if you’ve been served with a summons, you may be wondering how the legal process works. What will happen at a court appearance? How long will the case take? Can a case be settled out of court? This post provides an introductory overview of how a lawsuit works in Florida. 

Keep in mind that every case is different and the information here should not be taken as legal advice. If you have specific questions about your case, call the lawyers in Gainesville, Florida, with the highest rate of success. At Avera &Smith, our Gainesville attorneys offer a free consultation so we can listen to your situation and advise you on the next steps. If you have a case, we’ll continue to work with you to achieve the best possible outcome. 

What Is a Lawsuit?

A lawsuit is a legal action brought by one party against another in order to recover damages or gain some other type of relief. The person or entity who initiates the lawsuit is called the plaintiff and the person or entity against whom the suit is brought is called the defendant. 

How Does a Lawsuit Work?

Many often wonder how a lawsuit works. Those who are not familiar with the workings of a lawsuit may view it as a complicated process, but it doesn’t have to be. Experienced attorneys, like those at our offices in Gainesville, are always available to you to help you navigate the process and make it easier. 

Lawsuits may be either criminal or civil in nature. Criminal lawsuits deal with criminal charges, such as theft, drug crimes, traffic offenses and violent incidents. Civil lawsuits can include cases like a breach of contract, property disputes, landlord and tenant issues, bankruptcy, and similar types of cases. 

What is a Pleading?

A pleading is the first step in a lawsuit, and it happens once the plaintiff brings the suit to the court. It’s a formal document that states each party’s position, and it can include the complaint, an answer, a reply, or a counterclaim. 

Complaint: Filed by the plaintiff, a complaint includes the plaintiff’s version of the facts and it details the damages they are seeking.

Answer: Provided by the defendant, an answer explains why the defendant is not at fault or why the plaintiff should not win the case. 

Reply: Following the complaint and answer, either party may file a reply that includes an additional answer or addresses new claims. 

Counterclaim: Filed by the defendant, a counterclaim is similar to a complaint. It allows the defendant to state that the plaintiff has also caused damages, and it explains these damages and details what the defendant is seeking. 

What is a Motion? 

A motion is a request of the judge to make a ruling. It can be requested by either the plaintiff or defendant. There are many types of motions, including a motion to discover, a motion to dismiss, and a motion for summary judgment, among others. 

Motion to Discover: A party can request this motion when they want to gain information from the other party. If this motion is granted, the requested party must provide the information. 

Motion to Dismiss: A party can request this motion if they believe the lawsuit does not have the strength to hold up in a court of law. If this motion is granted, the lawsuit is dismissed and the proceedings end. 

Motion for Summary Judgment: A party can request this motion before the case goes to trial. If this motion is granted, the judge must present a ruling, or judgment, on the case, and the case cannot be retried. 

The Discovery Process

The discovery process is a time during which either party can request information about the opposite party related to the case. Discovery happens after a lawsuit has been initiated and before a case goes to trial or receives a judgment. 

Discovery can be requested and received in a number of ways, and it often includes documents, photos or video, and depositions. A deposition is a sworn statement or testimony made under oath by one or both parties about the incident that can later be used in court. It helps attorneys from both sides gather facts. 

Trial Alternatives

Once a lawsuit is filed, it receives a trial date. This date is set far enough into the future to allow both parties to collect discovery and other details about the case. During this time, many parties have a number of options to settle or close the case before it goes to trial, which can save time, money and prevent unnecessary stress on either party. 

Alternatives to trial include requesting a motion of summary judgment from a judge, which presents a ruling in the case and effectively closes the case and ends legal proceedings. The plaintiff or defendant may also decide to settle the case, either by agreeing to the requested damages or by mutually agreeing to lesser or no damages. The plaintiff is also free to drop the lawsuit completely. 

Trial Lawsuits

While many lawsuits can be settled out of court, it is common to wonder what happens at trial in a lawsuit. A lawsuit can go to trial if an agreement is not reached outside of court prior to the court date. During the trial, both parties will have the opportunity to present their side of the case and call witnesses to testify on their behalf to convince the judge or jury why they are not at fault or why the other party is at fault. 

Following the trial, the judge or the jury is called upon to make a judgment or ruling that determines the outcome of the trial. Following the ruling or judgment, the judge may also present sentencing, which specifies which party is to pay damages, and how much, or which party must submit to fines, probation or imprisonment. 

When to Call a Lawyer

If you’re considering filing a lawsuit or have been served with a summons, it’s important to speak with an attorney to get advice on your specific situation. At Avera & Smith, our Gainesville attorneys have years of experience handling all types of cases. Let us help you understand the process and what to expect. Contact us today for a free consultation.