CIVIL TRIAL PRACTICE

At Kinney, Fernandez & Boire, we place an emphasis on our civil trial practice.  This area of law involves the filing of lawsuits that seek monetary damages for a loss that has occurred to an individual, family, or company.  Our office routinely files lawsuits for cases involving such things as automobile accidents, wrongful death, slip and fall accidents, injuries as a result of a defective product, dog bite injuries, disputes over insurance coverage and other disputes that fall within our areas of practice.  Our law firm ONLY represents plaintiffs, the party that brings the lawsuit against the defendant.  We NEVER represent insurance companies!

 

The process of pursuing a civil lawsuit involves filing the necessary paperwork to initiate and move forward the lawsuit in a proper court and participating in discovery, which involves different methods of investigating the issues, obtaining information about your opponents case, determining the evidence in a case, taking depositions of witnesses, etc.  A civil lawsuit will normally move forward to a mediation, where a settlement can be negotiated with the assistance of a mediator after both sides have completed a sufficient amount of discovery.  Ultimately, a civil lawsuit may have to go to trial, where a jury is picked to here the evidence for the plaintiff and defendant, along with the arguments of the lawyers and then will decide the issues by announcing a verdict.  In the course of all of the above, a number of different things can occur that may require periodic hearings in front of a judge.  The judge in a case has the power to decide many issues that can pop up in the course of a lawsuit.   Ultimately, all civil lawsuits are controlled by the Rules of Civil Procedure, the Rules of Evidence, the Rules of Professional Conduct and past decisions that have been made by various courts, such as the Florida Supreme Court and our District Courts of Appeal.

 

The attorneys of Kinney, Fernandez & Boire, combined, have presented literally hundreds of cases to juries in state and federal courts.  Jury verdicts obtained by our lawyers have been in the millions of dollars.  Mike Kinney, a lawyer in Florida for over 50 years, has been called by many one of the finest trial lawyers this area has ever seen.  He has been recognized by the Hillsborough County Bar Association, and many others, for his trial abilities.  Manuel Fernandez has been representing individuals for over twenty years and started his career at a time when mediation was not nearly as common as today, such that he would find himself in trial all too often fighting for his clients.  Rob K. Roy, a former nationally recognized law school mock trial advocate and a lawyer for over twelve years , has the valuable experience of a former criminal state prosecutor, a job that involves taking cases to trial on a routine basis.  He also has represented insurance companies and their clients in jury trials while previously working in the insurance industry as a defense attorney.

 

When it comes to civil lawsuits, our office takes the following approach: First, do not hesitate in filing a lawsuit if it appears that a settlement agreement cannot be obtained; once a lawsuit has been filed, move it!  Push on discovery, keep the case moving as best as possible under the rules and follow every lead in order to develop the best evidence we can to support our client's case; make an honest and reasonable evaluation of the case and educate the client on our evaluation - we will not mislead our clients into thinking there case is better than it might be, nor will we downplay a case simply because of the potential costs, delay and work that comes with pushing a lawsuit forward; stay on top of deadlines and deal professionally with opposing counsel and the courts; finally, if a case has to go to a jury trial in order to obtain a resolution, be the most prepared lawyer in the courtroom and develop a strategy that best suits the facts of the case and will create the best chance for a successful outcome.

 

Overall, the civil trial practice of Kinney, Fernandez & Boire is designed to obtain the maximum recovery possible, while protecting our client as best we can.  At the same time, it is our intention to send a message to insurance companies, defendants, defense lawyers and anyone willing to listen, that the law firm of Kinney, Fernandez & Boire has the knowledge, experience, resources and talent to litigate a case with anyone, anytime, anyplace!