New York City Civil Litigation Lawyer Explains Civil Disputes and Lawsuits
The civil court system is the system within which private parties can pursue legal claims and compel action. Civil litigation is an alternative to the criminal court system. NY criminal court system is the court where state action takes place. Prosecutors pursue cases in criminal court against people who have committed crimes against the public by violating statutes and ordinances.
There are many fundamental differences between civil and criminal cases. The burden of proof, the available remedies, and the court processes are divergent. If you have been wronged in a personal or a professional capacity, pursuing a remedy through civil lawsuit may be the best option available to you. However, pursuing such a remedy can be difficult because understanding court rules and following court processes is complex.
New York litigation lawyers at our law firm will provide the advocacy and representation that you require to succeed in civil litigation. Our legal team knows the civil court system and our attorneys have decades of experience as skilled litigators who aggressively represent our client’s interests.
To find out about the services that we provide, give us a call as soon as you have a case that you believe will require a legal remedy.
What is Civil Litigation?
Civil litigation occurs when a plaintiff- who is a private person or company rather than a prosecutor working for the state– files a lawsuit against a defendant. The defendant who is sued could be an individual, a company, or a government agency. The plaintiffs goal is to use the court system to pursue a legal remedy for some type of wrong.
There are many different kinds of cases that could be resolved in civil court including:
- Breach of contract claims
- Personal injury claims
- Defamation claims
- Defective product claims
- Fraud claims including business and investment fraud
- Business disputes
- Real estate litigation
- Insurance disputes
- Malpractice claims
These are just the tip of the iceberg when it comes to suits that can be filed in civil court. If you believe that someone has damaged you by failing to fulfill a legal obligation or by acting in a negligent or wrongful manner, you could pursue civil litigation to try to be “made whole” or put back in the position you would have been in had the damage not occurred.
What Types of Legal Remedies Are Available in Civil Court?
Plaintiffs who go to NYC civil court do so in order to ask the court to right a wrong or solve a problem. Unlike in a criminal case, defendants who are sued in civil court cannot be imprisoned and won’t be left with a criminal record. Instead, plaintiffs often pursue monetary damages in civil court- although sometimes they ask the court to compel a defendant to act or to stop a defendant from acting.
In many types of civil cases, such as personal injury claims and defamation cases, plaintiffs ask the court to award them financial compensation. Sometimes, this compensation is for actual financial loss, such as compensation for medical costs incurred due to an accident. Monetary compensation can also be awarded to plaintiffs for non-economic damages, such as pain endured due to an injury.
Plaintiffs could also seek injunctions, or court orders to restrain a defendant’s actions. If a company is concerned about its trade secrets being revealed, for example, it could pursue an injunction and the court could compel a defendant not to reveal the confidential information.
There may be other remedies available, including specific performance, depending upon the type of case the plaintiff is pursuing and the kinds of damage allegedly caused by a defendant. NY civil litigation attorneys can assist plaintiffs in identifying an appropriate remedy for their particular situation and in convincing the court to grant them the remedy they are seeking.
How Does a Litigation Lawyer Help With Civil Litigation in NY?
When a plaintiff pursues litigation, the burden is on the plaintiff to prove the claims he is alleging. If a plaintiff sues for defamation, for example, he’ll have to prove an untrue and damaging statement was made. If a plaintiff sues after an injury, he will have to prove that the defendant’s negligence or wrongdoing caused him to suffer harm.
Plaintiffs also must prove their entitlement to a remedy and must prove the appropriateness of a remedy. Whether this involves demonstrating an injunction is necessary due to the risk of irreparable harm or showing the extent of financial loss to recover monetary compensation, it is up to the plaintiff to present evidence.
Defendants, on the other hand, can aim to introduce doubt about the plaintiff’s version of events or can raise affirmative defenses and show their behavior or actions were justified. If a defendant raises an affirmative defense, such as arguing the statements he made were true in response to a defamation lawsuit, the defendant may have the burden of proving that defense.
Both plaintiffs and defendants are bound by a complex set of rules of civil litigation, including rules on the kinds of evidence they can present and the types of questions they can ask in court. When meeting their burden of proof, both plaintiffs and defendants also must make arguments in a manner that a jury can understand.
New York civil litigation lawyers know how to craft simple and powerful arguments that will convince a jury to find for their client. Skilled attorneys understand the rules of evidence admissibility, help clients to comply with court deadlines and requirements, and make compelling cases that maximize the chances of an outcome in their client’s favor.
Contact Skilled New York Civil Litigation Lawyer Simon Kabzan Today
We have represented individuals and businesses in many different types of civil claims. Our skilled litigators represent both plaintiffs and defendants and we know how to present solid arguments in court that can convince a judge or jury to find for our clients. When you need a litigator with a reputation for aggressive advocacy and skilled legal arguments, our firm is the firm to turn to.
Give us a call today or contact us online to discover more about how we can bring our extensive litigation experience to your case.