Civil And Business Litigation Law Firm

Civil litigation occurs when one party perceives another party has violated a legal right. The case may go to trial, but no criminal charges are filed. Instead, the plaintiff sues to settle the dispute by seeking damages.

Damages awarded differ depending on the type and nature of the complaint:

Compensatory damages - Monetary damages are awarded to a plaintiff to correct the wrong. These are damages that can objectively be calculated as a result of the wrongdoing, such as lost wages or profits, or other financial implications of a business matter.

Liquidated damages - These damages are established as part of a contract to deter breaking the terms of the agreement, awarded in breach of contract cases. They are generally calculated at the time of contract when potential losses may be more subjective and harder to assess, as in the value of leaked trade secrets.

Equitable relief - An award with no monetary value, equitable relief is a court-ordered action to remedy wrongdoing. Relief may be awarded in addition to compensatory damages, but on its own, is a court-ordered injunction. The relief is intended to prevent further harm from occurring, such as a gag order to prevent the sale of intellectual property.

Punitive damages - Although not common in matters of commercial litigation, punitive damages are awarded as punishment and means of deterring a recurring offense. These damages may be awarded in addition to compensatory or equitable relief.

Litigation damages - Rarely awarded in commercial litigation, unless specifically included in a contract, litigation damages compensate the plaintiff for legal services fees associated with bringing the civil suit. These damages would generally be awarded in addition to other remedies.

If you've experienced a wrong that needs remedying, an experienced NYC commercial attorney should review your case. Before proceeding with litigation, they can estimate potential reasonable damages—giving you essential information when deciding to move forward with a lawsuit.

In cases of compensatory damages, estimating damages is a straightforward process. If you were unfairly let go from your job six months ago, it is easy to calculate your total lost wages during this time. If you sign a contract guaranteeing the sale of 1,000 units and your supplier only provides 500 units, a simple calculation will determine your loss of profit.

Liquidated damages are more difficult to calculate; however, they are generally not calculated during litigation. Instead, liquidated damages are considered as part of contract execution. By the time a breach of contract occurs and your case goes to court, the amount has been determined for some time. Still, liquidated damages are tricky to calculate.

Liquidated damages often require assigning a price on items with no preexisting value. These will differ from contract to contract and industry to industry. An experienced business attorney can assist in determining these calculations before entering into an agreement, such as assigning value to intellectual property, trade secrets, or other potential loss of assets.

Punitive damages are not often awarded in breaches of contract, but rather when the court determines a defendant's actions were intentional or especially harmful. There is no hard and fast rule for calculating punitive damages; instead, it is at the court's discretion. The higher courts have determined evidence of intentional wrongdoing and willful misconduct are requirements for awarding punitive damages, as is an acceptable punitive-to-compensatory damage ratio.

Litigation Process

In business civil litigation, a petition is filed with the court, claiming the wrongful act. The defendant is notified of the complaint and the deadline for answering. Future court dates are set, and the discovery process begins.

During discovery, motions are filed, and information gathered. Each party builds a case to support or defend its claim. Finally, a judge or jury will hear the case and hand down a decision.

If either party has a valid reason to question the court's decision, an appeal may be filed with a higher court. Appeals challenge reasoning or processes used in deciding a case, but new evidence is not introduced.

NYC Commercial Litigation Attorney

Attorney Rich has been litigating business civil litigation matters for more than 25 years. Clients describe him as professional, empathetic, prepared, educated, and experienced. His expert knowledge and honest approach to litigation make him a preferred NYC business litigation attorney for Westchester County.

Call (347) 941-0760 today to schedule your civil litigation case review.