Civil Litigation - The Martins Law Firm

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Our civil litigation practice includes the handling of contract disputes and personal injury claims.

At The Martins Law Firm, we strive to help businesses avoid litigation by being proactive and sensitive to legal exposure in each specific business. Additionally, we gladly consult with clients in a general counsel role.

Our Firm Prepares You for Life

Litigation can often be an unfortunate reality. At The Martins Law Firm, we understand the considerable burden and expense that litigation can have on you or your business, and we are determined to help you create a proactive strategy to avoid litigation. But if you find yourself in court or conflict, we are here for you. For experienced, professional and appropriately aggressive legal counsel from a highly skilled Miami litigation attorney, contact our office today. We represent clients throughout South Florida in a wide range of commercial conflicts and disputes.

At our firm, the client comes first. We pride ourselves in protecting your best interests and objectives. We provide high quality legal services to individuals, businesses, and entrepreneurs.

Legal Consulting

The Martins Law Firm can help shield your business from legal liability exposure. You have devoted time, energy, capital, and every ounce of your being to opening your business. But there is so much more to consider; for example creating and implementing policies and procedures for your specific business.

Beyond the countless details of all that you have already considered in starting your business, there is another set of important legal topics that must be addressed. Let The Martins Law Firm take care of all your businesses legal needs, that way you can focus on what you do best, which is serving your clients.

Our firm will identify your business risks and implement procedures to minimize them. Did you know that if you demonstrate in court that you’ve taken reasonable steps to ensure safety, you are in a stronger position should a lawsuit occur? Running a business requires risk – there is no getting around it. But it is important to do everything you can to reduce your risk levels. The Martins Law Firm can help – I invite you to contact us to learn more!

General Counsel

As General Counsel, The Martins Law Firm will handle assessment of business risk and resolving disputes arising from complex commercial operations. The Martins Law Firm can also be trusted to negotiate, draft, and review all business documents, including:

Employment and independent contractor relationships and agreements
Confidentiality agreements
Vendor agreements
Sales terms and conditions
Manufacturing and distribution contracts
Software licenses and assignments

To determine whether or not retaining general counsel is right for you, contact the The Martins Law Firm today.

Business Litigation

The biggest problem our business litigation attorney sees in cases is that clients try to resolve disputes on their own, in an effort to save on legal fees. In the process, they give up too much, or say too much, or create too many new issues that will have to be litigated earlier, making things even more expensive. The Martins Law Firm’s approach allows small and medium-sized businesses to have General Counsel available at a fraction of the cost of full-time, in-house counsel.

The Martins Law Firm provides businesses with experienced legal counsel at their disposal on an “as-needed” basis. Our clients know they can trust The Martins Law Firm to be available for all of their business needs whenever they may arise. At The Martins Law Firm, we will address any legal concerns along the way, including, but not limited to, shareholder and partnership disputes. The Martins Law Firm always acts proactively to ensure that our clients are protected from unnecessary risks.

Contract Dispute

A contract is a legally binding agreement between parties to do or not do something. Consumers enter into contracts everyday, whether buying a house, taking out an insurance policy or making a routine purchase. It is important that before entering into a contract, a person fully understands the terms of the contract that will bind the parties. Most contract disputes occur because of a misunderstanding between the parties or a failure to communicate. If you do not understand the terms of a contract, it is best to consult an attorney before agreeing to it. The Martins Law Firm can assist you with all the aspects of contract law.

What Legal Remedies Are Available in a Florida Breach of Contract Lawsuit?

In most cases, our Florida contract attorneys pursue claims for money damages or equitable relief on behalf of our clients.

Monetary Damages

Compensatory damages are intended to “make the plaintiff whole” and provide monetary relief representing the benefits the plaintiff would have received had the contract not been breached. Compensatory damages may include consequential damages, which are intended to provide compensation for any indirect damages caused by the breach of contract. For example, our attorneys may be able to recover lost profits caused by another party’s failure to perform its obligations under a contract.

Liquidated Damages

Some contracts contain a liquidated damages provision, which provides a specific, predetermined amount of money that a court can award to the aggrieved party if the contract has been breached.

In general, liquidated damages provisions in contracts are enforceable in Florida courts if:

The damages resulting from the breach are not readily ascertainable; and
The amount of liquidated damages provided under the contract is not grossly disproportionate to the actual damages incurred.

Attorneys’ Fees and Costs

The fees and costs of the contract litigation may be recoverable if such recovery is expressly provided for under the terms of the agreement.

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