How Long Does a Civil Lawsuit Typically Take to Get Resolved?

Some lawsuits are very quick and some can take a long time. Generally, the ones that are quick are the ones that are negotiated. It’s always worthwhile to try to negotiate a settlement in a lawsuit but it doesn’t mean that the settlement is always going to produce the desired results. If you win in a lawsuit, generally the court is going to give you everything on most of what you ask for if you’re going down the path. But if you settle by negotiating a settlement, oftentimes you’re giving up something and you may give up something significant. The tradeoff is that you have a bird in hand rather than two in the bush. You know what you’re going to be getting or you know what you are going to be giving up and you also know that you’re not going to be paying a lot of legal fees to take this case a lot further. If there is no settlement, the lawsuit typically can take anywhere between one to three years.

Most are settled somewhere in that time, but some lawsuits go longer, and a few lawsuits go more quickly but usually not more quickly than a settlement.

What Is The Difference Between Federal Court And State Court?

The difference between the federal court and state court is that federal court is run by the federal government and the trial court is called the United States District Court, and there are many United States district courts. State court is run by the state. In this case, New York state courts are run by New York State. There are different levels of state courts. Generally, in state court, if there are causes of action that are based upon state law, they will be heard in state court. If there are causes of action that are based upon federal law, the plaintiff can bring them to state or federal court. There are exceptions to this. State court actions can be brought in federal court in the event that there is some form of a federal question to begin with. In other words, there is a federal claim coupled with a state claim, and the federal claim is a predominant claim, then causes of action can be brought in federal court.

Another way to go to federal court is if there is what’s known as diversity between the parties. Diversity means that the parties live in different states. If all the plaintiffs live in different states from all the defendants, that qualifies. Diversity doesn’t mean all the plaintiffs have to be in different states or the defendants have to be in different states; it means that no defendant or plaintiff lives in the same state. If you have diversity and the amount in controversy is over $75,000, then a party can bring their claim in federal court also. The idea here is that a foreign defendant may feel that they are being discriminated against by a domestic plaintiff in state court so they will move to have the case removed to federal court so that they feel like they are getting a fair shake and not have to worry about state court judges.

In New York State, I don’t really feel that the state court judges are prejudiced against foreign defendants and I have not had any experience that the state courts are prejudiced against any foreign defendants. But it could be that in other states that’s an issue. In any case, federal law allows for that type of a situation to be avoided. Most federal claims can also be brought in state court, even constitutional claims. Therefore, even if somebody has the right to go to federal court on a federal law or United States constitutional claim, they could bring it in the state court, so they have a choice as to where they would want to go. Many times, they will choose to file in federal court.

Also, federal courts have exclusive jurisdiction over certain things like admiralty, which deals with the laws of the seas; as well as intellectual property law. When the federal court has exclusive jurisdiction, those types of claims can only be brought in federal court.

What Qualities Should I Look For When Choosing An Attorney For My Civil Lawsuit?

Selecting the right attorney in litigation is going to be about finding somebody who understands your case and can demonstrate that they really understand the facts of your case as you present them and knows how to apply the law to your case. There are many different types of litigation and it’s unlikely that any particular attorney has experience in every type of litigation. As an initial starting point, it’s important to find an attorney that has experience in the type of litigation that the individual is seeking and can understand their needs and can express what the law is in a way that’s understandable to the client so that they understand the potential or likelihood of success on their case. Also, the client should be told and what they can expect in terms of costs if the case were to go the long run, or what their costs would be given a strategy of attempting to setup the strongest position possible and then negotiate a solution from there.

The individual is going to look for an attorney they can communicate with, that has experience in the areas that they are looking for, and that can express themselves in a way that can help the client make proper informed decisions. Warning signs should be any attorney that’s going to tell you that they can guarantee that you’re going to win, or that they can guarantee that it’s going to cost you only a certain amount of money. It’s almost impossible to guarantee anything in the law. You don’t know how the judges are going to rule in any particular situation and sometimes the judges just rule incorrectly. It happens because there’s a huge backlog in the court system and not infrequently, it’s the law clerks that are writing the opinions and rulings and the judges sign the documents without fully familiarizing themselves with the facts of the case or the law.

If the court rules incorrectly, you’re only recourse is to file a motion to reargue, or file an appeal or both. So, if an attorney is guaranteeing you something, that’s definitely a warning sign. If the attorney isn’t expressing confidence in that particular area of law, that’s another warning sign. Other warning signs include an attorney that is not connecting with you and is unable to understand you or provide feedback and help you understand the finer points of your case. On the other hand, if you can find an attorney who gives you a realistic perspective, who demonstrates that he or she understands what your case is about, who has experience in that area of law, and who makes you feel comfortable that they understand your personal goals and objectives, those are all signs to look for when choosing an attorney.

For more information on Resolution of Civil Lawsuits in Civil Lawsuit in New York, Long Island, Nassau or Suffolk County, a FREE phone consultation is your next best step. Get the information and legal answers you are seeking by calling (516) 806-0762 today.

How Long Does a Civil Lawsuit Typically Take to Get Resolved?