Civil Litigation

Civil Litigation Lawyer Stuart, Port St. Lucie and Jupiter FL

When faced with a situation where you are being sued or in a position where it becomes necessary to assert your rights, it is important to find the right attorney. Your attorney should be attentive, diligent, and be able to comprehend the strategic advantages of your position and balance them against any potential liabilities to reach an optimal outcome. It is very important to examine not only the conflict which resulted in the underlying action, but to scrutinize the financial and psychological impact a civil litigation case can have.

Although emotions and principles may play role in the underlying friction which created the dispute, objectively examining the case identifies its true strengths and weaknesses. Cost benefit/analysis should always be a key component of any civil litigation action. It is important to use this yardstick (cost/benefit analysis) as the case progresses.

As your advocate, I employ these methods of analysis from the very beginning and through the administration of your case. It is important to move the case in a direction efficiently, while at the same time addressing your needs as my client.

If you live in Stuart, Port St. Lucie, Fort Pierce, Jensen Beach, Jupiter, Hobe Sound, Palm City, Tequesta, or anywhere along the Treasure Coast or the Palm Beaches and are looking for a diligent advocate to assert or defend your legal position, call and make an appointment for a free consultation or you can click here to go to my contact us page. I have handled a variety of civil litigation cases in state and federal court for businesses and individuals.

Litigation can and usually is very daunting and the last thing you need as a litigant is an attorney that is unreachable and a pretentious, arrogant snob. I am approachable and make it my priority to communicate with my clients. Most of my clients know me as Randy Fischer not Randall Fischer. Rapport is very important to me.

I thought it would import to highlight some of the key areas of civil litigation. Many clients are not aware of the broad range of cases involved and what the difference is. I am just going to introduce some general areas of practice and try to update this page routinely. I think you will be surprised as I add more and more general topics. The first topic I am going to address is Breach of Contract. This is an incident that occurs routinely here in Stuart, Port St. Lucie, and Jupiter, FL. As a lawyer, I routinely see contractual disputes arise before, during and after execution and completion of a contractual arrangement.

Breach of Contract

One of the most common areas of civil litigation is breach of contract. What is surprising about contracts is they are an integral part of our daily lives and often the liabilities associated with them are underplayed, overlooked, or simply ignored. It is always interesting when I hear a client say, “well the salesman said they never enforce those terms anyway, so I signed the paper.” If a term is not going to be enforced, then it does not need to be in the agreement. Do not let someone else tell you what is and what is not going to be enforced in an agreement. Read what you are signing, get clarification, and if you do not understand, do not sign, get a lawyer. Placing yourself in an adverse position because you do not want to appear unknowing, or are in a hurry, or feel it is just superfluous language, could result in a tremendous mistake. When these situations and others occur, many people simply put their heads in the sand, ignoring the problem and hoping it will go away. This is one of the areas of civil litigation where many clients fail to fully avail themselves to their legal rights. It is important to talk to an attorney before you sign the contract and it is equally important that you consult with a lawyer if you find yourself backed into a corner.

If you find you are facing any kind of contractual issue, please give my office a call. I am a lawyer practicing in Stuart, Port St. Lucie and Jupiter Florida.

Negligence

Another very common area of Civil litigation is negligence. For there to be negligence, in general, there must be a duty to perform some action, a breach of that duty by the party responsible for the performance, and damages resulting from that breach. The damages have to show a degree of proximity to be associated with the breach of the duty and there must be damages of some kind. This is a very general outline of what is need to prove negligence. There is a tremendous amount of statutory and case law defining the relationships, duties, and degrees of these duties. There are also defenses available to the party accused of negligence (assumption of risk, contributory negligence, etc…). Negligence is a very broad area of the law and includes the areas of Medical Malpractice, Breach of Fiduciary Duty, Negligent Hiring, Negligent infliction of emotional distress…the list is almost endless.

If you feel as though someone who owed you a duty to perform some action and failed to properly carry it out resulting in financial, physical, emotional or psychological damage, please give my office a call. I will let you know if, in my opinion, you have a viable claim. I am a lawyer practicing in Stuart, Port St. Lucie and Jupiter Florida.