With over 30 years of experience in civil litigation, I’ve seen firsthand how legal disputes unfold—and how to give you the best shot at success.
Civil litigation involves conflicts between individuals or entities that aren’t criminal in nature. These can range from contract disputes to personal injury cases, employment issues, and more.
While I always aim to keep clients out of court—saving them time, stress, and money—some disputes inevitably end up at trial. When that happens, two key elements are essential for winning your case:
1. Proving Liability
First, you must show that the opposing party legally wronged you. Whether it’s a breach of contract, a car accident, fraud, or wrongful termination, you’ll need to establish that their actions (or inaction) violated your rights under the law.
2. Proving Damages
Once liability is established, you must demonstrate that you suffered a loss—usually financial—as a direct result of their actions.
Examples include:
- Breach of Contract: You lost $200,000 because the other party didn’t uphold their end of the deal.
- Car Accident: You sustained injuries that required hospitalization, leading to medical bills, lost wages, and pain and suffering.
- Wrongful Termination: If you were out of work for a year, your damages may include lost income for that period.
Is Litigation Worth It?
Even if you have a strong case, you must decide whether pursuing it is financially and strategically worth it. Often, this is a business decision, not an emotional one.
For instance, in a breach of contract dispute, if the opposing party is known for being aggressive and litigious, you might spend over $100,000 in legal fees to recover $200,000. Is that a risk you’re willing to take? Is it worth your time and out of pocket money?
Or let’s say you were wrongfully terminated but found a better-paying job in a week. Your damages may be minimal—so while your former employer may have broken the law, the practical outcome of winning the case could be negligible.
Alternatives to Court
Litigation isn’t your only option. Many contracts require mediation—a meeting between both parties to try to resolve the issue—before a lawsuit can even be filed. Arbitration is another common alternative. It’s usually faster, less formal, and more cost-effective than going to trial.
If you’re reasonable, open to negotiation, and well-prepared, you can often reach a favorable resolution without ever stepping into a courtroom.
Call 818 579-9996 for a free consultation.
Liat Cohen, Esq.
e-mail: LiatLawpc@gmail.com