Civil Litigation Services in New York and New Jersey

Civil litigation refers to the legal process for resolving disputes between individuals, businesses, or other entities, typically involving money damages or specific performance rather than criminal charges.

It encompasses a broad range of non-criminal cases. Examples of civil litigation matters include breach of contract disputes, personal injury claims (like car accidents or slip-and-fall injuries), property and landlord-tenant disputes, employment and labor law conflicts, and many others. Essentially, any time one party sues another in court to enforce a right, seek compensation, or prevent an action (such as with an injunction), it falls under civil litigation. Our firm’s civil litigation practice in New York and New Jersey handles a wide variety of these cases, from business disagreements to negligence claims, always aiming to achieve a fair outcome for our clients.

A civil lawsuit generally progresses through several key stages. While specifics can vary by jurisdiction (New York, New Jersey, or federal court) and case complexity, the typical steps are:

1. Pleading Stage: One party (plaintiff) files a complaint to start the lawsuit, outlining their allegations and what they seek. The opposing party (defendant) responds with an answer (and possibly counterclaims).

2. Discovery: Both sides exchange information and gather evidence. This includes written questions (interrogatories), document requests, and depositions (interviews under oath). Discovery is a critical phase where each side builds its case by obtaining facts, documents, and testimony.

3. Motions: During or after discovery, parties might file pre-trial motions. For example, a motion to dismiss (arguing the case should be thrown out on legal grounds) or a motion for summary judgment (arguing that the undisputed facts entitle one party to win without a trial).

4. Trial: If the case isn’t resolved by motions or settlement, it proceeds to trial. At trial, each side presents evidence and arguments. A judge or jury then renders a verdict or decision.

5. Post-Trial and Appeal: After a verdict, there may be post-trial motions or eventually an appeal if one of the parties believes a legal error affected the outcome.

Throughout this process, there are opportunities for settlement discussions, and many cases resolve before reaching trial. Each stage of a civil lawsuit can be complex, which is why having a knowledgeable litigation attorney to navigate the procedures and advocate for you is crucial.

The timeline for a civil lawsuit can vary widely depending on the nature of the case, the court’s schedule, and the willingness of parties to settle. Some straightforward cases might settle in a few months, while complex litigation can take several years to reach a conclusion. In New York and New Jersey courts, just the discovery phase can last many months (or longer in complicated cases with lots of evidence). After discovery, scheduling a trial may depend on court availability – sometimes adding additional months. If either party files many motions or if the case goes to a full trial (and possibly an appeal), the process lengthens. On average, many civil cases take around one to two years from filing to resolution, but it’s not unusual for litigation to extend beyond that. Your attorney can give a more tailored estimate based on the specifics of your case and will work to keep the case moving forward efficiently while protecting your interests.

Yes. In fact, the majority of civil litigation cases are resolved through settlement rather than a courtroom verdict. Settling a case means both parties come to a mutual agreement – often a payment of compensation or some action – to resolve the dispute, and the lawsuit is then dismissed. Settlements can occur at any stage of a lawsuit (sometimes even before a formal suit is filed, or on the eve of trial). There are also alternative dispute resolution (ADR) methods like mediation (where a neutral mediator helps the parties negotiate) which can facilitate settlements. The benefits of settling without trial include saving time and legal expenses, reducing uncertainty (since trial outcomes can be hard to predict), and allowing the parties more control over the result. However, it’s important to only settle on terms that are fair. A good civil litigation attorney will negotiate on your behalf, advise you when a settlement offer is reasonable, and ensure that any agreement protects your rights. If a fair settlement isn’t possible, then proceeding to trial might be necessary – and your attorney should be prepared to advocate for you in court.

Legally, you are allowed to represent yourself in a civil lawsuit – this is known as proceeding pro se.

However, civil litigation can be complex, and self-representation comes with significant risks. Without an attorney, you’d be responsible for understanding court procedures, filing requirements, and legal strategy on your own. You would need to draft legal documents (complaints, motions, etc.), adhere to strict deadlines, and make arguments according to the rules of evidence and civil procedure. Mistakes in any of these areas could harm your case or even lead to dismissal on technical grounds. Moreover, the opposing party (especially if it’s a company or insurance carrier) will likely have experienced lawyers. Hiring a civil litigation attorney levels the playing field – your attorney will know how to build a strong case, navigate the legal system, and advocate effectively on your behalf. In short, while you can represent yourself, having a knowledgeable lawyer greatly increases your ability to achieve a favorable outcome, whether through settlement or at trial.