In this article, you can learn about:
- The most important aspect of every civil litigation matter.
- How settlements can be reached in any stage of a civil suit.
- What an attorney can do to encourage a positive outcome for your case.
What Are The Most Common Types Of Civil Litigation Claims That Your Firm Would Handle?
Our firm handles a wide range of civil litigation issues focusing heavily on moments when our client needs an advocate through legal matters that affect their assets. Some of the most common cases we handle include, but are not limited to:
- Debt Defense
- Consumer Collection Actions
- Fraud Claims
- Stolen Property
- General Business Disputes
- Recovery of Property, Business Interests, and Finances
If I Win My Civil Case, Am I Guaranteed To Win Financial Damages Or Rewards?
It’s a common misconception that winning a civil lawsuit means that you win financial compensation. In reality, winning a lawsuit only means that you have the legal right to collect compensation.
This means that while you may gain a judgment – winning sometimes isn’t winning. Whether you get to see a financial return on a civil suit depends largely on who you’re suing and what you’re suing them for.
The question of collectability is very important and should be considered by anyone in litigation. Even when you’re confident about the merits of your case and its ability to succeed in court – a settlement is often the best option because of the costs and the uncertainty of collection.
Consider the following example:
You sue someone and win a judgment of a million dollars. The person you sued may file for bankruptcy the next day.
If they qualify for bankruptcy and the judgment you have against them is a dischargeable debt, you won’t be able to collect anything.
This sets a big issue for people who are interested in litigating to collect financial compensation. Therefore, it’s important to understand the “second half” of recovering damages in a civil case.
So, how do you collect on a civil judgment if you are looking to collect from an individual?
Once you have a judgment, you can collect compensation by placing a lien on the person’s property or by garnishing their wages. However, if that person doesn’t have any meaningful assets, or works off the books, it will be incredibly challenging to recover the amounts you are owed.
This is why it’s always important to consider pursuing a settlement – particularly when the dispute is between two private individuals. Even if you are not completely satisfied with the outcome, a settlement can ensure that you are able to leave the negotiation table with an amount of compensation that is fair and sufficient.
Can My Civil Case Be Settled Even If We Are Already In The Middle Of Litigation?
A civil case can be settled at any point in the lifetime of a case – even in the middle of litigation. While 90% of civil disputes are settled before they see the courtroom, some matters can be settled during trial.
So, how do you reach a settlement? It usually depends on three things.
One, the advice of counsel. If both civil attorneys are working together to settle the matter, it will create a much more copacetic environment. Meanwhile, if one attorney wants to go to trial so they can collect an excessive payment, a settlement may be nearly impossible.
Two, the financial positions of the parties. If the person you’re suing can afford to make a settlement offer, you’re often in luck. If they can’t afford to pay you, it’s likely that you will have a major problem.
Three, the willingness of the parties to settle. In situations where the parties have much animosity toward one another, a settlement is very difficult to reach. Luckily, in many business disputes, the parties operate reasonably and are willing to settle.
As the old adage goes, when you’re looking for blood, both sides get bloody. Working towards a favorable settlement is a goal that should be pursued by each attorney and every party.
For more information Civil Litigation in New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (516) 550-5467.