Banks and Morris, P.A. represents clients in many areas of civil litigation. Examples of such civil disputes would be contract cases, commercial and business disputes, and real estate issues.

When individuals or companies are unable to resolve their disputes, our attorneys are often called upon to either file or defend a lawsuit. After a lawsuit is filed, it can take up to one or two years until the case is resolved by a trial. Much of this time is consumed by gathering information from the opposing party. This process is called discovery, and includes interrogatories, requests for documents, and depositions. Prior to trial, the state of Florida requires that the parties to the lawsuit attempt to settle the case (for example, by arbitration or mediation). Some trials are presided over by a judge while in others there is a right to a trial by jury.

General Legal Terms

Attorney-Client Privilege - The law generally considers all communications between an attorney and his/her client to be privileged: in other words, confidential and afforded special protection under the law. As a result, no other party (particularly, opponents in a lawsuit) is entitled to gain access to those communications.

Case Evaluation - The act of assessing your claim. Factors to be considered by experienced legal counsel are: the likelihood that your claim will prevail on the liability or fault aspect of your case, the extent to which you or a loved one has been injured, and the costs which will likely be incurred in pursuing your claim.

Claimant - The claimant in a serious injury case is the person(s) that has been injured as a result of the negligence of one or more other parties. If a formal lawsuit is filed, the claimant becomes the plaintiff in the lawsuit and the allegedly negligent party becomes the defendant.

Complaint - A complaint will outline the circumstances of the incident that forms the basis of the lawsuit. It will also describe, in broad terms, the nature of the damages suffered by the plaintiff. The complaint will specify who the parties to the case are - the plaintiff(s) and defendant(s). Once the complaint is filed with the court, the attorney will have the complaint served upon the defendant(s) by a process server or certified mail.

Contingent Fee Agreement - An agreement whereby an attorney is being hired on the basis that he or she will only receive a fee from you (the client) contingent upon you receiving compensation from the defendant(s). The contingent fee agreement may lay out such details as who is responsible for the costs of the case and how any money collected for the client is to be distributed. Some law firms will advance the case costs to the client and will be reimbursed for these costs out of the proceeds of the case. Case costs include such things as court fees, charges for acquiring copies of the client's relevant medical records, witness fees and expert witness fees, deposition fees, travel, etc.

Damages - Damages are awarded in various categories:

-Compensatory damages, which compensate the plaintiff for actual dollar-value losses (e.g., medical expenses [past and future], lost income, loss of future earning capacity, etc.)

-General damages, also a form of compensatory damages, which cover more intangible losses, such as pain, suffering, humiliation, or the loss of enjoyment of life, as well as grief suffered from the loss of a loved one.

-Punitive damages (rare), which punish a defendant for egregious behavior and which serve to deter others from similar conduct (e.g., deposition fees, travel, etc.)

Defendants - People (or corporations) who are alleged to have caused the injury to the plaintiff(s) and are so named in the lawsuit.

Deposition - A deposition is a form of discovery in which a plaintiff, a defendant, a witness or an expert witness with relevant information about a lawsuit is formally questioned under oath by the attorneys representing all parties in the lawsuit. The deposition is similar to the giving of oral testimony in a trial, but takes place under less formal circumstances and in advance of a trial. The deposition is typically before a court reporter and the witness is subjected to examination by attorneys for all parties.

Discovery - The use of depositions, interrogatories, requests for production of documents, requests for admissions and demands for independent medical examinations, among other procedures, to discover relevant evidence possessed by the other parties or by independent witnesses.

Lawsuit - A lawsuit is a formal legal action made by one party or group of people (the plaintiff[s]) against another person or corporation (the defendant[s]) in which recovery is sought for damages suffered by the plaintiff(s). The lawsuit is formally initiated with the filing of a complaint in the proper court of law.

Plaintiffs - The person or persons who have suffered injury and are seeking recovery for damages by filing a lawsuit.

Statute of Limitations - An established legal deadline that requires a person who has suffered a serious injury to file a lawsuit within a certain time after the date of injury or lose forever his or her rights to sue for compensation. Exceptions apply from state to state.