NYC Civil Litigation
New York City
Civil Litigation Team Lead
Businesses or individuals can pursue a legal claim in the civil court system in New York City. The burden of proof, court processes, and available remedies differ vastly from those in the criminal court system. If you need legal representation in a civil litigation case, contact Oberheiden P.C. today.
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New York, NY 10005
Our attorneys will provide skilled representation to protect your legal interests in these cases. With our high level of experience representing our clients throughout the city, you can turn to a team who understands the civil court system and knows what it takes to win these cases.
What Is Civil Litigation?
In these cases, an individual or company files a lawsuit against a defendant. That defendant can be a person or entity, including a company, governmental agency, or individual. New York City civil litigation uses the court system to provide a remedy for some wrongdoing against the plaintiff. Many types of legal claims can be resolved in civil court.
Sometimes, a company or individual could make serious claims against you or your business. With that, you need to hire a skilled legal team to protect your reputation and assets. However, civil litigation is not just one-sided. Some companies may engage in unfair practices that can hurt your business. As a result, you may have to file your own claim in civil court. In either case, you can turn to the skilled legal team at Oberheiden P.C. to assist in any NYC civil litigation.
Plaintiffs go to an NYC civil court to resolve a wrong, usually wanting financial compensation for an actual loss, like financial losses stemming from a breach of contract. However, the courts can award penalties for non-financial damages as well. Unlike a criminal case, defendants will not have a criminal record if they lose the case. Instead, the defendant may have to pay significant monetary penalties.
Additionally, the plaintiff could seek a court order to restrain the defendant’s actions. For example, if a company is worried about revealing trade secrets, it could seek legal action. The company could pursue an injunction against a defendant in court so that they do not disclose any confidential information.
Civil litigation centers around seeking some resolution to the alleged damages by the defendant. Unfortunately, with current legal processes, anyone can take you to court, even if you have not done anything wrong. While some law firms may suggest settling out of court, Oberheiden P.C. will work to protect your legal rights and help find the best resolution in your case.
Our legal team understands both sides of the civil litigation process. We will aggressively defend you against any civil claims, but our attorneys can also protect your business interests and take defendants to court.
Hire Oberheiden P.C. for Your Civil Litigation Case in NYC
Unlike other law firms, we understand all sides of civil litigation law. During the course of a business’s daily operations, it must maneuver through a wide range of legal issues. Some issues that can come up in NYC civil litigation cases include:
- Breach of contracts
- Customer disputes
- Unfair business practices
- Non-disclosure and non-compete agreements
- Trademark and copyright infringements
When it comes time to defend your business’s obligations, interests, and rights, you need a law firm that understands the complexity of civil litigation.
Work With Only Senior Attorneys
Since civil litigation can cover a wide range of cases and claims, we have attorneys working in specific practice areas. At Oberheiden P.C., you will only work with a senior attorney with a high level of experience in these civil law issues. Some law firms love to tout their experience in civil litigation but then pass the case to junior associates or paralegals. That will never happen at Oberheiden P.C. Our law firm does not even have junior associates on staff. Instead, our senior attorneys will directly handle all matters on your case, from intake to resolution.
At Oberheiden P.C., we want to provide you with some peace of mind. When you need to contact a senior attorney, you can reach out directly to any member of our skilled legal team. We prevent any communication breakdowns between our team and clients, meaning you never have to wait for a return call or have questions left unanswered about your case.
Use Personalized Strategies
Since there is a direct line of communication between you and our senior attorneys, we will craft the right defensive or offensive strategy for these civil litigation cases. Not all civil matters are the same, and you cannot have a “one-size-fits-all” approach for you or your business. At Oberheiden P.C., we focus on developing a stronger legal strategy to benefit our clients. While some strategies have worked for past clients, a customized approach is needed for your case. With our years of legal experience handling these claims, we will find the right plan to help protect you in any type of civil litigation case.
Always Prepare for a Trial
You want to have a lawyer who will be willing to take your case to court, not just settle the issue for terms dictated by the other party. When the other side in the suit knows that your legal team is willing to go to trial, that can help negotiate a settlement with more favorable terms for you.
The legal team at Oberheiden P.C. will treat your case as if we are heading to trial. In many situations, this can cause a bit of uncertainty on the other side, granting you an advantage in the case. If you do have to go to the courtroom, our legal team has a stellar track record of successfully representing clients in NYC.
Frequently Asked Questions About Civil Litigation
What Is the Statute of Limitations?
The statute of limitations is the period in which someone can legally file a lawsuit. In some cases, specific acts can extend that time frame, but in most cases, there is a set time restriction to take action in a civil litigation case. In New York, the statute of limitations generally ranges from one to six years. If you want to know the exact timeline for your civil litigation case, talk to the attorneys at Oberheiden P.C.
What Are the Stages of Litigation?
Generally, the lawsuit is filed by the plaintiff in the New York civil court system. From there, a summons and copy of the complaint are served to the defendant. The document will outline when the defendant has to file an answer or take another action regarding the complaint. In some situations, the court could issue a default judgment to the plaintiff if the defendant does not answer the complaint.
However, when the defendant answers, the next stage is the discovery and motion practice. Civil litigation could go to trial if there is no settlement. The trial may result in a mistrial or a judgment. The defendant has a right to appeal the ruling, but they may still be responsible for adhering to the terms of the resolution. While this is a brief look at the stages, these steps may not apply to your situation. Speak to the civil litigation attorneys at Oberheiden P.C. to learn how your case will proceed in the New York court system.
What Is Discovery?
Discovery is the process where both parties will want to obtain evidence in the civil trial. The NYC court system allows pre-trial discovery, including depositions and written testimonies. While different discovery rules apply at the state and federal levels, there are similarities between the two.
With a deposition, a witness must answer questions under oath in the presence of a court reporter. The reporter will record the questions and answers to prepare a written transcript. Any party in a lawsuit may have to participate in the deposition. The attorneys can use the responses of the testimony in the civil trial. Along with witness deposition, there are other types of written discovery. Some witnesses may have to write answers to relevant questions, while others must respond to requests to produce documents. Any required documents from a third party can be obtained with a subpoena.
The discovery stage is very important in any case. You will want to have a skilled legal team to assist during this process. At Oberheiden P.C., we will work hard to prepare a strategy for your case. Along with our reputable civil litigation attorneys, we also have investigators and trial consultants in the law firm who can help establish the facts of your case.
How Long Does a Civil Litigation Case Take?
There is no definitive timeline for these cases. The plaintiff can get a default judgment if a defendant does not respond to the summons. However, if a defendant answers, the start to finish of the civil litigation will depend on a couple of factors, including the parties involved in the cases, the complexity of the issues, and the court system. Remember that not all cases will go to trial. Some are settled or dismissed in court, leading to a shorter time frame. Often, it can take anywhere from a few months to several years to resolve these types of cases.
Reach Out To Oberheiden P.C. Today
If you want to learn more about our civil litigation approach (or any other type of business litigation defense), make sure to contact the legal team at Oberheiden P.C. You can see how our law firm can help your case with a free consultation. Call us at (888) 680-1745 or fill out the online contact form.