Where People Usually Start
Civil disputes usually start as something else — a contract that was not honoured, work that was not paid for, a business relationship that ended badly. By the time litigation is on the table the question is practical rather than theoretical: what is realistically recoverable, how long it will take, and whether the matter is better resolved by negotiation, mediation or a filed case.
How we can help
Civil litigation is a legal dispute between two or more parties that seek money damages or specific performance rather than criminal sanctions. A lawyer who handles civil litigation is known as a litigator or trial lawyer. Representing parties in trials, arbitration and mediation before administrative agencies, foreign tribunals, and federal, state, and local courts is the common practice of litigators.
Civil litigation encompasses a broad range of disputes. Several common areas include:
- Environmental law
- Landlord/tenant disputes
- Product liability lawsuits
- Personal injury claims
- Intellectual property disputes
- Construction liability lawsuits
- Medical malpractice claims
- Employment and labor disputes
- Real estate lawsuits
- Anti-trust litigation
- Workers’ compensation claims
- Education law disputes
- Divorce lawsuits
Litigation requires a willingness to take and hold opposing positions and to work through conflict on a client’s behalf. Experience matters in achieving the best available outcome once a matter is actively being litigated.
Why this needs a lawyer
Litigation runs on deadlines from the day a case begins — statutes of limitation, service requirements, answer dates, discovery schedules. Missing one can end a case regardless of its merits. Just as important is an honest assessment early on of what a claim is worth and whether the other side can actually pay, because that decides whether it makes sense to file at all.
Civil Litigation Law — common questions
What counts as civil litigation?
A legal dispute between two or more parties seeking money damages or specific performance rather than criminal sanctions. It covers a broad range — contract disputes, landlord-tenant, property damage, employment disputes, and claims between businesses.
How long does a civil case take?
Longer than most people expect. Pleadings, discovery, motion practice and, if it does not settle, trial each take their own time, and court calendars vary by county. The great majority of civil cases resolve before trial, but that resolution often comes well into the process rather than at the start.
What is the difference between arbitration, mediation and going to court?
In mediation a neutral helps the parties reach their own agreement and cannot impose one. In arbitration a neutral hears the dispute and issues a decision, often binding and with limited appeal rights. Court is the public process with full procedural rights and appeal. Many contracts require arbitration, so the contract may have already decided this for you.
How long do I have to bring a claim?
Every type of claim has its own statute of limitations, and some are far shorter than people assume. Claims against municipalities in particular can require a formal notice within a very short window before any lawsuit is possible. Missing the deadline generally ends the claim regardless of its merits.
What does discovery involve?
Exchanging documents, answering written questions under oath, and depositions. It is usually the longest phase and often the one that determines the outcome, because it establishes what can actually be proven rather than what each side asserts.
Is it better to settle or to go to trial?
It depends on the strength of the evidence, the cost and time of continuing, the collectability of any judgment, and your own tolerance for risk. A settlement is certain; a trial is not. That calculation should be made with a clear view of the evidence, not on principle alone.
What will it cost?
That depends on the complexity of the dispute, how much discovery is needed, and whether the other side litigates aggressively. Fee arrangements vary by case type. It is a reasonable question to raise at the first consultation, and it should be answered before you commit.
The answers above are general information about civil litigation law in New York, not legal advice, and do not create an attorney-client relationship. Every matter turns on its own facts.
Related practice areas
Free Consultation
Speak directly with your attorney.
Consultations are free for every practice area, with no obligation. You will be speaking with Michael L. Walker himself.
Prefer to call
Tell us about your matter
Fill in what you can. If a field does not apply to your situation, leave it blank.