Frequently Asked Questions
I have been served with a summons. What do I do now?
A summons is the legal document that initiates a lawsuit, usually accompanying a complaint, which states the Plaintiff’s grounds for the lawsuit. If you have been served with a Florida lawsuit, you 20 days to respond, or else face the possibility of a default judgment, which is another way of saying you will lose your case by forfeit. If you have been served with a summons or complaint, act immediately to contact an attorney to ensure that your rights are protected.
I want to sue someone. How long do I have to file my lawsuit?
The deadlines for filing a lawsuit are determined by the applicable statutes of limitation. The statutes of limitation vary depending on where the alleged wrong took place as well as what specific causes of action are going to be alleged. Moreover, the deadlines can often be subject to interpretation and are not always black and white. To ensure that you do not miss your chance to file a lawsuit, contact an attorney at the earliest possible time to have them review your case and provide you with a sound legal opinion on your options.
One of my business partners suggested that we mediate a dispute. What is mediation?
Mediation is a process by which parties to a lawsuit can attempt to come to a mutually agreeable settlement prior to trial. The process can be kept completely confidential, and the parties often never even need to see each other while a mutual agreement is reached by the mediator coordinating with each party in private. It usually takes place with lawyers present, but can be done by the parties themselves. It has become a court-ordered step in almost all cases, and can be a very effective way to settle a dispute with reduced costs all around.
I have signed a contract with an arbitration clause. What is arbitration?
Arbitration is another form of pre-trial dispute resolution, but unlike mediation, resembles an actual trial in many ways. An arbitrator, usually a well respected member of the legal profession, will act as a judge and both sides of the lawsuit will have the opportunity to present their case, complete with witness testimony. At the end, the arbitrator will enter a judgment that can be binding or non-binding on the parties depending on the terms of the arbitration. Many contracts include arbitration clauses which require the parties to submit any disputes arising out of the contract to binding arbitration. If you have a dispute you believe is subject to a mandatory arbitration clause, contact an attorney to guide you through the process.
If You Have Additional Questions, Do Not Hesitate to Ask Us Today
If you have additional questions that are not addressed here or want the opportunity to discuss any of your issues in more detail with one of our licensed Florida attorneys, contact our office to set up a free initial consultation. You will have the opportunity to chat one-on-one with an attorney and see for yourself why so many clients have returned to Wiederhold & Kummerlen, P.A. time and time again for their litigation needs.
Contact us online or call our office at (561) 615-6775 for your free initial consultation today.