Question 1

How much does a civil litigation attorney cost in NYC?

Accepted Answer

Civil litigation fees vary by case type and complexity. Fee structures include hourly rates (which vary by attorney experience and case complexity), contingency fees (percentage of recovery, typically ranging from 33-40% depending on case type and risk, when available), or flat-fee arrangements for some cases. We offer free initial consultations to evaluate your case and discuss fee arrangements that work for you.

Question 2

What types of cases do you handle in civil litigation?

Accepted Answer

We handle contract disputes, business litigation, property disputes, breach of fiduciary duty, fraud claims, partnership disputes, employment litigation, construction litigation, and general civil disputes. We represent individuals, businesses, and organizations in New York State and Federal courts.

Question 3

How long does a civil litigation case take?

Accepted Answer

Civil cases typically take 1-3 years from filing to trial, though many settle sooner. Simple cases may resolve in 6-12 months, while complex commercial litigation can take 3-5 years. Timeline depends on court backlog, case complexity, discovery needs, and settlement negotiations. We provide realistic timelines during consultation.

Question 4

What is the civil litigation process in New York?

Accepted Answer

The process includes: (1) Pre-litigation demand/negotiation, (2) Filing complaint with proper court (determined by amount in controversy and case type), (3) Serving the complaint on defendant (proper service is critical), (4) Defendant's answer (must respond within 20-30 days depending on service method), (5) Discovery (document exchange, depositions, interrogatories), (6) Pre-trial motions (including summary judgment), (7) Settlement conferences (mandatory in many courts), (8) Trial, (9) Post-trial motions/appeals if needed. Many cases settle before trial. We guide you through each stage and ensure proper procedures are followed.

Question 5

Should I sue or try to settle?

Accepted Answer

It depends on your case specifics, goals, and the other party's position. Consider: strength of your case, potential recovery, litigation costs, time commitment, and business relationships. We often negotiate favorable settlements without filing suit, saving time and money. If litigation is necessary, we're prepared to fight. We'll advise on the best strategy.

Question 6

What is a breach of contract and what can I recover?

Accepted Answer

Breach of contract occurs when one party fails to perform obligations under an agreement. Remedies include: compensatory damages (money to make you whole), consequential damages (foreseeable losses), specific performance (forcing contract completion), or contract rescission. You may also recover attorney fees if the contract provides for it.

Question 7

How do I prove a breach of contract case?

Accepted Answer

You must prove: (1) A valid contract existed, (2) You performed your obligations (or were excused), (3) The other party breached the contract, (4) You suffered damages as a result. Strong evidence includes: written contracts, emails, invoices, payment records, and witness testimony. We gather and present evidence strategically.

Question 8

What is the statute of limitations for civil cases in New York?

Accepted Answer

The statute of limitations is the deadline to file a lawsuit. It varies by case type: 6 years for breach of contract, 3 years for personal injury, 3 years for property damage, 6 years for fraud (or 2 years from discovery of the fraud, whichever is later), 3 years for legal malpractice, 2.5 years for medical malpractice, and 1 year for defamation. The clock typically starts when the injury occurs or when you discover it (depending on case type). Missing the deadline typically bars your claim forever - there are very limited exceptions. Consult us promptly to determine your deadline and protect your rights.

Question 9

What is discovery and how does it work?

Accepted Answer

Discovery is the pre-trial process where parties exchange information. Methods include: document requests, interrogatories (written questions), depositions (sworn testimony), requests for admission, and subpoenas. Discovery can take months or years depending on case complexity. We handle discovery strategically to build your case.

Question 10

What are depositions?

Accepted Answer

Depositions are sworn, out-of-court testimony recorded by a court reporter. Attorneys ask questions and the witness answers under oath. Testimony can be used at trial to impeach witnesses or as evidence. We thoroughly prepare clients for depositions and conduct strategic depositions of opposing parties and witnesses to gather evidence and assess trial risks.

Question 11

Can I represent myself in a civil lawsuit?

Accepted Answer

Individuals can represent themselves (called "pro se" representation), but it's generally not recommended. However, corporations, LLCs, and other business entities must be represented by an attorney - they cannot appear pro se. Civil procedure rules are complex, judges expect legal knowledge, and opposing attorneys will use your inexperience against you. Self-represented litigants have significantly lower success rates. Even for small cases, a consultation can help you understand your options. If you're low-income, free legal assistance may be available through organizations like the New York Legal Assistance Group (NYLAG) or other legal aid organizations.

Question 12

What is a summary judgment motion?

Accepted Answer

A summary judgment motion asks the court to decide the case (or issues) before trial because there are no disputed material facts. If granted, you win without a trial. If denied, the case proceeds. These motions require careful legal and factual analysis. We file summary judgment motions when appropriate and oppose them when necessary.

Question 13

What is mediation and arbitration?

Accepted Answer

Mediation is facilitated negotiation where a neutral mediator helps parties reach settlement. It's non-binding unless you agree. Arbitration is like a private trial where an arbitrator hears evidence and makes a binding decision. Both are faster and cheaper than trial. Many contracts require arbitration. We handle both processes.

Question 14

How much does it cost to go to trial?

Accepted Answer

Civil trials are expensive due to time and preparation required. Attorney fees for trial vary significantly based on trial length, complexity, preparation required, and other factors. Costs include: expert witnesses, exhibits, depositions, court reporters, and attorney time. Many cases settle to avoid trial costs. We provide cost estimates and cost-benefit analysis throughout the process.

Question 15

What happens if I win my case?

Accepted Answer

If you win, the court issues a judgment in your favor for money damages or other relief. However, winning and collecting are different. You may need to take enforcement actions like: property liens, wage garnishment, bank levies, or asset seizures. We help enforce judgments to ensure you actually recover what you're owed.

Question 16

What is the difference between Civil Court and Supreme Court in NYC?

Accepted Answer

NYC Civil Court handles cases where the amount sought does not exceed $50,000 (as of 2022, increased from $25,000). Cases seeking more than $50,000 must be filed in Supreme Court. Civil Court also includes Small Claims Court (for cases up to $10,000) and Housing Court (for landlord-tenant matters). Supreme Court handles larger cases and has broader jurisdiction. Cases seeking $6,000 or less in Civil Court are subject to mandatory arbitration (unless both parties agree to waive it). We help determine the proper court for your case and handle proceedings in both venues.

Question 17

What is Small Claims Court and when should I use it?

Accepted Answer

Small Claims Court is part of NYC Civil Court and handles cases seeking up to $10,000. It's designed to be faster, simpler, and less formal than regular civil court - no attorneys are required (though you can use one), procedures are simplified, and cases typically resolve faster. Filing fees are lower than regular civil court. Small Claims is good for: unpaid debts, property damage, breach of contract (small amounts), consumer disputes, and similar matters. However, you give up the right to appeal if you lose. We can help determine if Small Claims is right for your case or if you should file in regular Civil Court or Supreme Court.

Question 18

What happens if I don't respond to a lawsuit (default judgment)?

Accepted Answer

If you're served with a complaint and don't respond within the required timeframe (typically 20-30 days depending on service method), the plaintiff can obtain a default judgment against you. This means you lose the case without a hearing. However, you can file a motion to vacate (set aside) a default judgment if you have a valid excuse (like improper service, excusable default, or meritorious defense). You must file the motion promptly and provide an affidavit explaining why you defaulted and your defense to the claim. Time is critical - contact us immediately if you've been served or if a default judgment has been entered against you.

Question 19

How do I serve a lawsuit on someone in NYC?

Accepted Answer

Proper service of process is critical - improper service can result in dismissal. In NYC, acceptable methods include: (1) Personal delivery to the defendant, (2) Substituted service (delivery to someone of suitable age at defendant's home/business, plus mailing), (3) Conspicuous place service (affixing to door and mailing, if personal/substituted service attempted), (4) Service by mail (for certain cases, with acknowledgment required). Service must be done by someone 18+ who is not a party to the case, or by a professional process server. Service requirements vary by case type and defendant type (individual vs. business). We ensure proper service is completed correctly.

Question 20

Where should I file my lawsuit (venue)?

Accepted Answer

Venue (where to file) depends on several factors. Generally, you can file in: (1) The county where either party resides, (2) The county where the cause of action arose (where the incident/breach occurred), (3) For businesses, where the business is located or does business. In NYC, you can file in any of the five boroughs (New York, Kings, Queens, Bronx, Richmond) depending on these factors. Some cases have specific venue requirements (like landlord-tenant cases must be filed in the county where the property is located). Filing in the wrong venue can result in dismissal or transfer. We help determine the proper venue for your case.

Question 21

What are the filing fees for civil cases in NYC?

Accepted Answer

Filing fees vary by court and case type. NYC Civil Court filing fees are typically lower than Supreme Court. Small Claims Court has lower fees (around $15-20). Regular Civil Court fees vary by amount sought (typically $75-$300+). Supreme Court fees are higher (typically $210+). Additional fees may apply for: serving papers, motion filing, trial fees, and other procedures. Fee waivers may be available for low-income individuals. We can provide specific fee information for your case type and help determine if you qualify for fee waivers.

Civil Litigation FAQs

Popular Questions

Table of Contents

Still Have Questions?

Popular Questions

Table of Contents

1How much does a civil litigation attorney cost in NYC?Popular

2What types of cases do you handle in civil litigation?Popular

3How long does a civil litigation case take?Popular

4What is the civil litigation process in New York?Popular

5Should I sue or try to settle?Popular

6What is a breach of contract and what can I recover?Popular

7How do I prove a breach of contract case?Popular

8What is the statute of limitations for civil cases in New York?

9What is discovery and how does it work?

10What are depositions?

11Can I represent myself in a civil lawsuit?

12What is a summary judgment motion?

13What is mediation and arbitration?

14How much does it cost to go to trial?

15What happens if I win my case?

16What is the difference between Civil Court and Supreme Court in NYC?

17What is Small Claims Court and when should I use it?

18What happens if I don't respond to a lawsuit (default judgment)?

19How do I serve a lawsuit on someone in NYC?

20Where should I file my lawsuit (venue)?

21What are the filing fees for civil cases in NYC?

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