As a civil litigation attorney located in New York City, I’ve seen my fair share of lawsuits. Since I’m in court nearly everyday, just sitting in the courtroom I get a sense of what type of cases are clogging up the courts. I also have my own caseload and handle court appearances for hundreds of other lawyers. I think I have a really good pulse for what type of cases are most frequently litigated.
Below is a list of the most common legal issues for New York civil court cases (which usually denote suing for money damages). Before deciding to sue, you should consider whether the facts of your case fit the requirements of at least one of them. Otherwise, don’t bother calling a lawyer. Unfortunately, the mere fact that you have suffered something horrible by another person or company you are not automatically entitled to a legal judgment. The law must support your contention that you have damages.
Below is a list of the most common lawsuits in New York civil court.
Breach of Contract. Breach of contract occurs when a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party’s performance. If the party does not fulfill his contractual promise, or has given information to the other side that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, that party is said to breach the contract. If you suffered some harm or damage, you may be able to sue.
Lawsuits involving employees. Employment law is a sub speciality within civil litigation. Usual law firms specialize only in employment litigation. Usual issues include:
- Improper termination
- Failure to place employment terms in writing.
- Failure to run a proper background check on an employee. The employee then does some harm, like sexually harass another employee.
Defamation. Lawsuits stemming from what reviewers are saying on online sites such as Yelp and Facebook are becoming more and more common.
Debt. Perhaps the most common type of lawsuit for businesses. One party owes money to the other, negotiations falter and a lawsuit commences.
Personal Injury. These type of cases are the most lucrative for civil litigators in small firms. They are also the most difficult for the honest civil litigator to get, because so many lawyers do unethical things to obtain these types of cases. These type of cases involves injuries due to negligence.
The Law Office of Frederic R. Abramson practices civil litigation in New York. If you have any questions regarding civil litigation, feel free to contact me at 212-233-0666.