Civil disputes can disrupt every part of a person’s life. A business partnership that took years to build is unraveling. A construction project that was supposed to be the family’s dream home turned out to be defective and the builder has stopped returning calls. A commercial contract that the other side now claims doesn’t say what it plainly says. A homeowner’s insurance carrier has denied a legitimate hurricane damage claim worth six figures and sent a form letter blaming “wear and tear.” A vendor that performed substantial services for a corporate customer that now refuses to pay. Someone entrusted with access to money or property has taken what wasn’t theirs. An insurance carrier denying a claim for reasons that don’t hold up under scrutiny.
The legal system that follows is not designed to be easy to navigate, and the lawyers on the other side do this for a living. Opposing counsel will be experienced, well-resourced, and willing to litigate aggressively if it serves their client’s interests. The party who comes to the dispute with less preparation, less investigation, or a lawyer who is not actually willing to try the case starts at a structural disadvantage that compounds at every stage. The job of a civil litigation lawyer is to even the asymmetry: to bring the same level of preparation, the same depth of factual development, and the same trial-readiness that the opposing party will bring, and to make sure the case reaches the resolution it deserves rather than the one the better-resourced party can force.
The Law Offices of C. W. Wickersham, Jr., P.A. handles civil litigation throughout Florida. Mr. Wickersham personally evaluates each matter at intake, develops the case strategy, and tries the case if it does not settle. Since opening the firm in 2011, he has personally handled more than 5,000 civil litigation matters in Florida state and federal courts. He is admitted to practice in all Florida state courts, all three United States District Courts in Florida (Northern, Middle, and Southern Districts), and the United States Court of Appeals for the Eleventh Circuit. The firm handles cases at every stage from presuit demand and investigation through trial and appeal.
Most lawyers practicing civil litigation in Florida have not tried a case in years. Some have never tried one at all. The defense bar and the sophisticated commercial bar know this, and they price their settlement positions accordingly. A firm that is genuinely prepared to try a case occupies a different position in the negotiation, because the opposing party knows the case will not go away for a nominal offer and will not be abandoned if the litigation gets expensive or difficult.
We prepare every case for trial from the outset. Discovery is conducted as if the case is going to a jury. Depositions are taken with trial use in mind. Motions are drafted to develop the record needed at trial and on appeal. The cases that ultimately settle on favorable terms are almost always the ones where the opposing side recognizes the case will be lost if it goes to verdict, and settles on those terms rather than risk the outcome. The cases that need to be tried get tried.
Most civil disputes never end up in court. Many should not. The legal system is expensive, slow, and unpredictable, and a dispute that can be resolved through a clear-eyed business negotiation or a short demand-letter exchange is usually better resolved that way than by filing suit. A good civil litigation lawyer should be willing to tell a prospective client when their dispute does not actually require litigation, even though that conversation is the one that ends the engagement before it starts.
The disputes that do require real litigation generally share several characteristics. The amount in controversy is substantial enough that the cost of litigation is justified by the potential recovery or exposure. The other side has the resources to litigate aggressively and is not going to back down without a real fight. The facts are contested, often with significant evidence that requires development through discovery and expert testimony. The legal issues are substantive rather than procedural, requiring real research and briefing rather than form-driven motion practice. The stakes are real, both financially and otherwise, and the wrong outcome would have serious consequences for the client’s business, property, or financial position.
These are the matters the firm handles. The firm is not the right choice for a $200 small claims dispute, for routine document drafting, or for the kind of high-volume general-practice work that is well-served by other Florida firms. The firm is the right choice when a dispute is complex, the stakes are significant, and the work requires real lawyering rather than form-driven case management. A $200,000 breach of contract dispute against a corporate defendant with the resources to fight the case is fundamentally different from a $5,000 dispute with an individual, and the legal strategy reflects that difference at every stage. The initial consultation is the place where we determine whether the matter fits that description, and we are direct with prospective clients about what we recommend, including when we recommend they pursue the matter differently or with different counsel.
Business-to-business litigation, contract disputes, and the full range of claims that arise between commercial parties. This includes breach of contract claims (vendor and supplier collection actions against corporate defendants, disputes between commercial parties over multi-million-dollar transactional fees and commissions, inter-brokerage commission disputes between real estate brokerages involving cooperating broker agreements and procuring cause determinations), enforcement of indemnity and contribution agreements, guaranty enforcement and defense (personal guaranties on commercial leases, loans, and other obligations), promissory note disputes (acceleration, usury defenses, holder in due course issues), and commercial lease disputes (holdover tenants, CAM reconciliation disputes, lease interpretation fights, tenant improvement allowance disputes, landlord failures to maintain).
Commercial disputes also encompass the business tort claims that typically arise within these contexts. Tortious interference with contractual relations, tortious interference with prospective business advantage, conversion, unjust enrichment, and violations of Florida’s Deceptive and Unfair Trade Practices Act under Chapter 501 are causes of action that are pled in the context of commercial disputes rather than arising independently. These claims require detailed factual development to prove the underlying elements and often involve substantial damages, including treble damages and attorney’s fees recovery where authorized by statute.
The firm also handles alter ego and veil-piercing claims when the corporate form has been abused and individual liability is warranted, licensing, royalty, and franchise disputes, declaratory judgment actions seeking judicial determination of the parties’ rights under contracts or other legal instruments, and judgment enforcement (garnishment, proceedings supplementary, domestication of foreign judgments, and writs of execution) for clients who have obtained a judgment and need to collect it.
The firm handles claims on both sides of commercial litigation: both prosecuting claims on behalf of plaintiffs and defending clients against claims brought by others.
Business Ownership and Governance Disputes. Disputes over the ownership and control of businesses are among the most consequential civil litigation matters a person or company can face, because the underlying business itself is often at risk of being damaged by the dispute among its owners. The firm handles partnership dissolutions and corporate dissolutions (including contested dissolutions where the parties cannot agree on terms, valuation, or wind-down procedures), LLC member disputes, corporate shareholder disputes, family business succession disputes, freeze-out and squeeze-out claims, buyout valuation disputes, manager and officer removal disputes, derivative actions brought on behalf of the entity against officers, directors, or third parties under the procedural requirements of section 607.0741 and related provisions, demands for formal accountings when a partner or member suspects mismanagement or self-dealing, petitions for judicial dissolution under Chapter 605 or Chapter 607 when the business relationship has broken down irreparably, non-compete disputes in the ownership context (departing owners who start competing businesses), successor liability claims when a business is sold or restructured and the question is whether the new entity inherits the old entity’s obligations, and receivership proceedings when a court-appointed receiver is needed to manage the business or asset pending resolution of the underlying dispute.
Florida’s Revised LLC Act under Chapter 605 and Business Corporation Act under Chapter 607 govern many of these disputes, and the substantive law has developed substantially over the past decade in ways that affect both prosecution and defense strategy. These cases often involve closely-held businesses where the operating agreement, partnership agreement, or shareholder agreement is being interpreted or challenged, and where the financial stakes extend beyond the immediate dispute to the future value and viability of the business itself.
The firm has handled class action litigation since its earliest years, including consumer class actions, real estate class actions, property interest class actions, HOA and condominium assessment class actions, and securities-adjacent class actions in Florida state and federal court. Class action practice involves a distinct procedural framework and distinct economics that set it apart from individual civil litigation. The firm’s class action work is described in detail on our Class Actions page.
Defective construction is a growing problem in Florida, particularly in new residential construction where rushed building schedules during the post-2020 building boom, supply chain pressures, material substitutions, and skilled labor shortages have produced widespread defects in homes built in the last several years.
The firm represents owners and condominium associations against builders, developers, and contractors for construction defects, including water intrusion (the largest single category of construction defect work in Florida), structural failures, stucco and exterior cladding problems, foundation defects, electrical and plumbing failures, HVAC and roofing failures, undisclosed defects, sinkhole-related construction issues (including construction on unstable ground, inadequate geotechnical investigation, and builder liability for selling homes on land the builder knew or should have known was compromised), and the full range of latent defects that emerge after closing.
Construction defect cases involve substantive Florida law, including Chapter 558 presuit notice procedures (which require a notice of claim, an opportunity to inspect, and a settlement opportunity before suit can be filed), builder express and implied warranties (warranties of fitness for intended use and habitability), Florida’s latent defects statute under section 95.11(3)(c), and the statute of repose for construction defect claims under section 95.11(3)(c) that limits the time within which such claims can be brought.
Construction defect cases are typically multi-defendant litigation involving the builder, multiple subcontractors, design professionals (architects and engineers whose errors in design, specification, or construction oversight contributed to the defect), and material suppliers, with each defendant having its own insurance coverage and its own counsel. Design professional liability, including architect and engineer errors, is a distinct claim type within construction litigation that often requires specialized expert testimony to establish the applicable standard of care and the causal connection between the design error and the resulting defect.
The firm also represents contractors in payment disputes, defect defense, and other construction-related litigation, including matters involving Chapter 713 construction liens, prompt payment requirements under Chapter 715, payment bond and performance bond claims against sureties, and delay claims when a construction project runs dramatically over schedule and the owner or contractor suffers damages. Contractor-side work is typically driven by existing client relationships rather than by inbound prospect inquiry, but the firm handles the full range of construction litigation work for the contractors and subcontractors it represents.
Insurance is supposed to protect policyholders when something goes wrong. When the carrier denies a legitimate claim, underpays it, or delays payment in the hope that the policyholder will give up or accept less than the claim is worth, the policyholder is left in a worse position than if they had never purchased the policy at all. Insurance claim disputes are among the most common civil litigation matters in Florida, and they arise in both commercial and residential contexts.
The firm handles first-party insurance claims for policyholders, including commercial property damage claims, business interruption claims (including the COVID-era business interruption coverage disputes and ongoing supply chain interruption claims), commercial general liability coverage disputes, and bad faith claims against carriers that deny or underpay legitimate claims.
Florida insurance law is a specialized area with its own statutory framework, including section 624.155 governing first-party bad faith claims, the Civil Remedy Notice procedure that is a precondition to bad faith litigation, the recent procedural reforms affecting bad faith pre-suit notice requirements, and the substantive policy interpretation issues that drive most insurance disputes. The firm handles insurance disputes from initial denial through trial, including coverage litigation, bad faith claims, appraisal disputes (when the policy provides for appraisal as a dispute resolution mechanism and the carrier either refuses to participate or manipulates the process), and disputes over the proper scope of repair and replacement coverage.
Homeowners’ Insurance Claims. Florida homeowners face a uniquely difficult insurance environment. Private carriers are leaving the market or becoming functionally insolvent. Citizens Property Insurance Corporation, the state’s insurer of last resort, is under enormous financial strain. The carriers that remain in the market are deploying every denial and underpayment strategy available to them, and many Florida homeowners are sitting on substantial denied or underpaid claims without knowing that the carrier’s decision can be challenged.
The most common homeowners’ insurance disputes the firm handles include:
Hurricane and named-storm damage claims, which remain the largest single category of residential insurance disputes in Florida. Carriers routinely underpay storm damage claims through lowball engineering reports commissioned by the carrier’s own preferred vendors, depreciation calculations that reduce the payout below the actual cost of repair, managed repair programs that funnel policyholders to the carrier’s preferred contractors at the carrier’s preferred price rather than allowing the policyholder to select their own contractor, and outright denials based on policy exclusions that do not actually apply when the policy language is read carefully.
Roof damage and replacement disputes. Carriers systematically underpay roof claims by applying depreciation that exceeds the actual depreciated value of the roof, by approving “repairs” when the roof needs full replacement, or by attributing storm damage to pre-existing wear and tear. Roof claims are probably the single highest-volume residential insurance dispute category in Florida right now.
Water damage claims arising from burst pipes, appliance failures, plumbing failures, and other sudden water events. Carriers frequently deny these claims as “maintenance” issues or “wear and tear” when the damage was in fact caused by a sudden and accidental event covered under the policy.
Fire and smoke damage claims.
Mold claims, which usually arise from water damage that was not properly or timely remediated, often because the carrier delayed or denied the underlying water damage claim.
Sinkhole claims. Sinkhole activity is a significant and Florida-specific risk, and sinkhole claims involve their own body of law under section 627.706 and following statutes, their own neutral evaluation process, and their own expert requirements (a professional engineer and a professional geologist are typically required). The sinkhole claims process in Florida is procedurally distinct from other insurance claims and requires counsel familiar with the specific statutory framework.
Examination under oath disputes, when the carrier demands an examination under oath and then uses the policyholder’s testimony as a pretext for denying the claim.
Supplemental claims, when the initial repair estimate turns out to be inadequate and the policyholder submits a supplemental claim that the carrier denies or ignores.
Underinsured and uninsured motorist coverage disputes (UM/UIM). When a policyholder’s own automobile insurance carrier underpays or denies a UM/UIM claim, the dispute is functionally an insurance coverage dispute even though the underlying event is a motor vehicle accident. A policyholder whose own carrier is underpaying their UM claim needs an attorney who understands insurance coverage litigation, not just personal injury litigation.
Assignment of benefits disputes. The post-reform AOB landscape has changed, but AOB-related disputes remain in litigation and the firm handles them.
Homeowners who have received a denial letter, a lowball estimate, or an unexplained delay from their carrier should understand that the carrier’s initial decision is not the final word. Carriers deny and underpay claims as a business practice; the policyholder who accepts the first answer without question is the one the carrier is counting on. The policyholder who retains counsel and challenges the denial is in a fundamentally different position.
Florida’s civil theft statute, section 772.11 of the Florida Statutes, provides one of the most powerful remedies available in Florida civil litigation. A person who proves that another party knowingly obtained or used their property with criminal intent can recover treble damages (three times the amount stolen) plus mandatory attorney’s fees. A $100,000 theft becomes a $300,000 judgment plus fees. This remedy is substantially more powerful than a breach of contract claim or a conversion claim arising from the same facts, and it is available in addition to any other civil remedies the victim may have.
Civil theft claims arise across virtually every category of civil litigation. The most common contexts include:
Contractor theft, when a contractor accepts a substantial deposit for construction work, performs little or no work, and disappears with the money. This is one of the most common civil theft scenarios in Florida, and the treble damages remedy exists in part because the legislature recognized that contractors who take deposits with no intention of performing are engaged in theft, not merely breach of contract.
Employee and officer embezzlement, when an employee, officer, or agent with access to business funds diverts money for personal use.
Partner and co-owner misappropriation, when a business partner, LLC member, or co-owner takes business assets, diverts business opportunities, or uses business funds for unauthorized purposes.
Fiduciary theft, when a person entrusted with fiduciary responsibility, such as a trustee, an agent under power of attorney, or a court-appointed guardian, steals from the person they are supposed to protect.
Property manager and caretaker theft, when a property manager diverts tenant security deposits, rent proceeds, or maintenance funds, or when a caretaker with access to an elderly or vulnerable person’s finances drains their accounts.
Tenant property conversion, when a commercial tenant absconds with landlord fixtures or property.
Deposit and advance payment theft, when any person or entity accepts a deposit or advance payment for goods or services with no intention of performing.
Investment-related theft, including the civil theft component of Ponzi schemes, affinity fraud, and misrepresentation of the use of invested funds.
The civil theft statute has its own pre-suit procedure. Before filing a civil theft action, the claimant must send a written demand to the alleged thief, identifying the property taken and demanding its return or payment of its value. The alleged thief then has 30 days to comply with the demand. If the property is not returned or paid for within 30 days, the claimant may file suit seeking treble damages and attorney’s fees. This pre-suit demand is a statutory prerequisite; a civil theft claim filed without the demand is subject to dismissal. The firm handles the pre-suit demand process, the litigation that follows if the demand is not satisfied, and the enforcement of any resulting judgment.
The treble damages and mandatory attorney’s fees provisions of section 772.11 fundamentally change the economics of the case. In a standard breach of contract action, the recovery is limited to the plaintiff’s actual damages, and each party typically bears its own attorney’s fees unless a contractual or statutory fee-shifting provision applies. In a civil theft action, the recovery is three times the actual damages plus the plaintiff’s attorney’s fees, making it economically viable to pursue claims that would not justify the cost of litigation under ordinary damages rules. The firm evaluates potential civil theft claims at intake and advises clients on whether the facts support a civil theft theory in addition to any other claims that may be available.
Personal attention from the lawyer. Mr. Wickersham personally evaluates each matter at intake. He develops the case strategy, communicates directly with clients throughout the representation, takes the depositions that matter, argues the motions that matter, attends mediation, and tries the case if it does not settle. Sophisticated clients in complex litigation want to know that the lawyer they hired is actually working on their case rather than supervising junior associates and paralegals who do the substantive work. This firm operates on the model where the lawyer handles the case.
Strategic case evaluation. Civil litigation rewards strategic thinking, and the firm approaches every matter with a clear-eyed evaluation of the realistic likelihood of success, the cost of pursuing the matter relative to the value at stake, and the strategic options available at each stage. Not every matter that can be litigated should be litigated. We discuss the options with each client at the outset and recommend the approach most likely to achieve the client’s actual objectives, which sometimes means aggressive litigation and sometimes means negotiated resolution or alternative dispute resolution, including mediation (which Florida courts require before trial in nearly all civil cases) and arbitration (when contractually required).
Emergency and injunctive relief. Some disputes require immediate action. When a former partner is violating a non-compete agreement and soliciting clients, when a party is dissipating assets to avoid a judgment, when evidence is being destroyed, or when immediate harm will occur without court intervention, the firm handles temporary restraining orders, temporary injunctions, prejudgment attachment, and asset freezing orders on an emergency basis. The ability to move quickly when circumstances require it is a core part of civil litigation practice.
Resources to investigate and develop the case. Civil litigation is not won by motions and demand letters alone. It is won by professional investigation, document-intensive discovery, depositions of the right witnesses, expert testimony from the right experts, and the willingness to spend the resources required to develop the evidence the case needs. The firm has the infrastructure and the experience to handle document-heavy cases, multi-defendant matters, cases requiring expert development, and cases with substantial discovery scope.
Candor about realistic outcomes. Sophisticated clients are not well served by lawyers who tell them what they want to hear. We are direct with clients about the strengths and weaknesses of their case at the outset of the representation, about the realistic range of outcomes, and about the costs and risks of pursuing the matter. When the case is strong, we say so. When there are weaknesses, we identify them and develop the strategy to address them. The clients who appreciate this approach are the clients the firm is built to serve.
Appellate work handled in-house. Civil litigation that goes to verdict often produces post-trial motions, and adverse verdicts or rulings can require appellate review. The firm handles its own appellate work in all five District Courts of Appeal of Florida (including the Fifth District Court of Appeal, which covers the Fourth Judicial Circuit where the firm is located), the Florida Supreme Court when accepted for review, and the United States Court of Appeals for the Eleventh Circuit. Continuity between trial counsel and appellate counsel produces better briefs, better issue preservation, and better outcomes than transferring the case to outside appellate counsel after the verdict.
Civil litigation does not follow the same predictable pattern as personal injury work, where the carrier’s first offer is reliably low and the case develops toward policy limits over the course of the representation. Civil litigation outcomes are more variable, and the strategy depends on the specific case, the specific opposing party, and the specific objectives of the client. The firm’s approach to case strategy involves several recurring components:
Forum selection. The choice of forum matters. Whether to file in state or federal court, which judicial circuit to file in, how to respond to removal and remand, and how to position the case for the most favorable procedural environment are strategic decisions that affect the trajectory of the case from the outset. The firm evaluates forum selection as part of the initial case strategy.
Early factual development. The first 60 to 90 days of any civil litigation matter are spent developing the factual record that will determine the strategic options available later. This includes obtaining the relevant documents, identifying the key witnesses, evaluating the underlying contracts or transactions, retaining initial experts where appropriate, and pressure-testing the client’s understanding of what actually happened against the documentary record. Most cases look different after this initial investigation than they did at intake, and the strategy is calibrated to what the facts actually support.
Motion practice as case development. Florida civil litigation is heavily motion-driven, and aggressive early motion practice often defines the trajectory of the case. Motions to dismiss can eliminate weak claims or defenses, motions for summary judgment can resolve discrete legal issues before trial, motions in limine can shape the evidentiary record, and discovery motions can force production of evidence the opposing party would rather keep hidden. The firm uses motion practice strategically to narrow the case to the issues that actually matter and to develop the record the case requires.
Discovery scope and depth. Discovery is the engine of civil litigation. The firm develops discovery plans calibrated to the specific case, including written discovery, document production, depositions of party representatives and key witnesses, expert depositions where appropriate, and third-party discovery where the necessary evidence is in the hands of non-parties. Complex cases often involve large document productions and extensive deposition schedules; the firm has the infrastructure to handle that volume effectively.
Settlement evaluation at meaningful milestones. Most civil litigation matters settle rather than going to verdict. The question is when, and on what terms. The firm evaluates settlement opportunities at meaningful milestones throughout the case (after motion practice, after key depositions, at mediation, in the weeks before trial) and recommends acceptance or rejection based on the realistic alternative if the case continues. We do not recommend settlement that undervalues the case, and we do not recommend continued litigation when settlement adequately serves the client’s objectives.
Trial readiness as leverage. The single most important factor in civil litigation settlement value is whether the opposing side believes the case will actually go to trial if it does not settle. A firm that is genuinely prepared to try the case occupies a different negotiating position than a firm whose litigation strategy ends with the mediation conference. We prepare every case for trial from the outset, and we try the cases that need to be tried.
Civil litigation is not resolved in weeks. It is resolved over months, and often over more than a year. The roadmap below describes the typical phases of a civil litigation matter and what the firm is doing during each phase, so clients can understand what is happening and what to expect. Every case is different, and the specific timeline for any individual matter depends on the facts, the opposing party, the court, and the strategic choices made at each stage.
Phase 1: Intake, Investigation, and Strategy Development (typically 1 to 3 months). After the client signs an engagement agreement, the firm begins developing the case. This phase involves gathering the relevant documents, interviewing the client and any cooperative witnesses, evaluating the underlying contracts or transactions, conducting preliminary legal research on the issues likely to drive the case, retaining initial experts where appropriate, and developing the initial case strategy. Most cases involve some early communication with the opposing party or opposing counsel during this phase, either to attempt presuit resolution or to lay the groundwork for litigation.
Phase 2: Filing and Initial Litigation (typically 2 to 4 months). Suit is filed (or, if the firm is defending, a response is prepared and filed). Initial motion practice often follows, including motions to dismiss, motions for more definite statement, or similar threshold motions. Once the pleadings are at issue, the case enters discovery.
Phase 3: Discovery (typically 8 to 18 months). Discovery is the longest phase of most civil litigation. Written discovery is exchanged, documents are produced and reviewed, depositions are scheduled and taken, experts are retained and developed, and the evidentiary record is built. Complex cases with multiple parties, substantial document production, or extensive expert development may take longer; simpler cases may move faster. Discovery is also when most motion practice happens, including discovery disputes, motions to compel, motions for protective order, and substantive motions like motions for summary judgment.
Phase 4: Mediation and Settlement Negotiation (variable timing). Florida courts require mediation before trial in nearly all civil cases. Mediation typically occurs near the end of discovery, after the major depositions and expert development are complete and both sides have a clear picture of the evidence. Many cases settle at mediation; many do not, and the case proceeds toward trial. Settlement negotiations also occur throughout the case at various points, not just at mediation. When meaningful settlement opportunities arise, we evaluate them with the client and recommend a course of action.
Phase 5: Trial Preparation and Trial (typically 2 to 4 months from the close of discovery to trial). Cases that do not settle go to trial. Trial preparation involves finalizing the witness list, preparing exhibits, drafting trial briefs and motions in limine, conducting final witness preparation, and preparing for jury selection or bench trial as applicable. Florida civil trials in complex commercial and civil litigation matters typically last several days to several weeks, depending on the complexity of the issues and the number of witnesses.
Phase 6: Post-Trial and Appeal (variable timing). After the verdict or judgment, post-trial motions may be filed by either side. Either party may appeal an adverse outcome. The firm handles its own post-trial motions and appellate work, including appeals to the District Courts of Appeal, the Florida Supreme Court when applicable, and the federal appellate courts when the matter was litigated in federal court.
Total typical timeline. For a civil litigation matter that does not settle pre-suit, the total time from filing to resolution is typically 18 to 36 months, with the range driven by case complexity, discovery scope, the court’s calendar, and whether the case settles or goes to trial. Some matters resolve significantly faster, particularly those with limited discovery requirements or those where one side recognizes early that the case is not defensible. The firm provides updates at meaningful milestones, and clients are always welcome to call or email with questions at any time.
Civil litigation matters are typically handled on an hourly fee basis, with a retainer at the outset of the representation that is replenished as work is performed. Retainer amounts are calibrated to the complexity of the matter and the anticipated scope of the work. Routine civil circuit court matters generally involve a modest initial retainer; complex cases, emergency matters, and cases with substantial expected discovery or trial work involve a larger retainer reflecting the anticipated scope.
Hybrid fee arrangements are available in certain matters where the case structure supports them, including contingency arrangements in select commercial matters and modified contingency or flat-fee arrangements in matters with predictable scope. Fee arrangements are determined at the outset of the representation based on the specifics of the matter and are documented in a written engagement agreement.
The initial consultation for civil litigation matters is $250.00, paid in advance, and applied as a credit against the engagement retainer if the firm is retained to handle the matter.
A case has merit when the underlying facts support a cause of action recognized under Florida or federal law and there is a realistic path to recovery against a defendant with the resources to satisfy a judgment. The threshold question is rarely just whether a wrong was committed; it is whether the wrong can be proven with admissible evidence, whether the legal theory supports the relief the client wants, and whether the defendant has the resources or insurance coverage to make the case economically viable. We evaluate all three factors at the initial consultation and are direct with prospective clients about whether the case is worth pursuing, including when our recommendation is that it is not.
For a matter that does not settle pre-suit, the timeline from filing to resolution is typically 18 to 36 months. Cases that resolve at mediation or in the months before trial settle within that window; cases that proceed to verdict and post-trial proceedings can take longer. Pre-suit resolution is faster when it is achievable, often within 3 to 6 months of engagement. The court's calendar, the complexity of the case, the scope of discovery, and the strategic choices made at each stage all affect the timeline.
Discovery is the formal process by which both sides exchange the information relevant to the case. It includes written discovery (interrogatories, requests for production, requests for admission), document production (which in complex cases can involve thousands or tens of thousands of pages), depositions (sworn testimony taken in person or by video), expert disclosures and depositions, and third-party discovery when the necessary evidence is held by non-parties. Discovery takes time because the process is structured (each step has its own timeline under the Rules of Civil Procedure), because the volume of evidence in complex cases is substantial, and because scheduling depositions of multiple witnesses across busy professional calendars takes weeks or months. Discovery is also where most case-determinative information emerges, which is why the firm invests significant resources in this phase.
Most civil litigation cases settle rather than go to trial, often at mediation or in the weeks immediately before trial. The cases that settle on favorable terms are usually the ones where the opposing party recognizes the case will be lost at trial and settles on those terms to avoid the risk. The cases that go to trial are typically those where the opposing party miscalculates the strength of the case, where the parties' positions on settlement are too far apart for the gap to close, or where the case involves issues that one or both sides have strategic reasons to litigate to verdict rather than resolve through settlement. We prepare every case for trial and try the cases that need to be tried.
Damages depend on the underlying cause of action. Contract claims typically allow recovery of the benefit of the bargain plus consequential damages where foreseeable. Business torts allow recovery of actual economic damages, sometimes with attorney's fees where authorized by statute or contract. Construction defect cases involve repair costs, diminution in value, and consequential damages including loss of use. Statutory claims (such as those under Florida's Deceptive and Unfair Trade Practices Act and the civil theft statute) may include attorney's fees, treble damages, and additional remedies. Insurance bad faith claims can include damages beyond the policy limits. Punitive damages are available in cases involving particularly egregious conduct but require a court order to plead and a heightened evidentiary showing.
Many civil litigation matters involve multiple parties. Construction defect cases often involve the builder, multiple subcontractors, design professionals, and material suppliers, each represented by separate counsel. Commercial disputes often involve parent companies, subsidiaries, individual officers, and related entities. The firm has experience managing multi-defendant litigation, including coordinating discovery across multiple parties, handling cross-claims and third-party claims, and developing trial strategy that accounts for the different positions of different defendants. Multi-defendant cases are often more complex and take longer than single-defendant cases, but they also frequently produce larger recoveries because multiple sources of payment are available.
Expert witnesses are essential in many civil litigation matters. Construction defect cases typically involve engineering experts, building science experts, and damages experts. Commercial disputes often involve accounting experts, valuation experts, and industry-specific experts. Insurance disputes may involve insurance industry experts, roofing and building envelope experts, and public adjusters. Sinkhole cases require a professional engineer and a professional geologist. The firm has working relationships with qualified experts across the disciplines relevant to its practice and engages experts at the appropriate stages of each case. Expert costs are typically advanced by the firm in contingency matters and billed as a litigation cost in hourly matters.
A class action is a single lawsuit brought by one or more named plaintiffs on behalf of a larger group of similarly situated people who have been harmed in the same way by the same conduct. The firm has handled class action litigation since its earliest years and has experience with the certification, notice, settlement, and fee processes that distinguish class actions from individual claims. For a detailed discussion of the types of class actions the firm handles and how the process works, see our Class Actions page.
Do not accept the denial as the final word. Insurance carriers deny and underpay claims as a business practice; the denial letter is the beginning of the process, not the end. Do not sign a release or accept a partial payment without understanding what you are giving up. Do not make permanent repairs before the damage has been properly documented (temporary protective measures to prevent further damage are fine and should be taken immediately). Preserve all documentation, including the denial letter, your policy, all communications with the carrier, photographs of the damage, and any estimates or reports you have received. Contact the firm for an evaluation of your claim. Many policyholders are surprised to learn that the carrier's stated reason for denial does not hold up under the actual policy language or applicable Florida law.
The factors any prospective client should consider include trial readiness (has the firm actually tried cases recently, or does it settle everything?), who actually handles the case (the named attorney, or junior staff?), candor at intake (does the firm tell you whether your case is realistically worth pursuing, including when the answer is no?), strategic depth (can the lawyer articulate a clear theory of the case and explain the strategic options?), and continuity through trial and appeal (does the firm handle its own appellate work?). A firm that advertises heavily may or may not be the right firm for a particular case. The way to find out is to ask about the factors above.
Real estate disputes are handled as a separate practice category and addressed on our Real Estate Litigation page, including boundary disputes, easement claims, title disputes, breach of purchase and sale agreements, failure to disclose latent defects, real estate commission disputes, HOA and condominium disputes, partition actions, eminent domain, foreclosure, construction lien enforcement and defense, and zoning and land use disputes.
Civil litigation matters are some of the most stressful experiences a person or business will go through. The stakes are real, the process is unfamiliar, and the lawyers on the other side are often well-resourced and aggressive. If you are facing a civil dispute and want to discuss whether the firm is the right fit for your matter, please call. I personally evaluate every matter that comes through this firm, and the initial consultation is the place where we determine together whether we can help.
Christopher W. Wickersham, Jr.
