At Larkin Farrell, LLC, we practice all forms of civil litigation, or the legal process applied to non-criminal matters. Civil litigation is the filing and subsequent prosecution and defense of a civil lawsuit filed to resolve a legal dispute between two or more individuals or business entities over compensation, usually in the form of money, for damages incurred or specific performance for services that were not delivered.
Civil Litigation, or General Litigation, can include litigation involving the following substantive areas of law:
- Insurance Litigation
- Business Litigation
- Real Estate Litigation
- Employment Litigation
- Collection Litigation
- Property Damage Litigation
- Construction Litigation
Aspects of the Civil Litigation Process
The litigation process includes several stages, including pleadings, discovery and trial, designed to allow the litigants and the court to identify the issues in dispute, gather evidence and ultimately decide the outcome of the case.
Pleading is the beginning stage of a lawsuit in which parties formally submit their claims and defenses. The plaintiff submits a complaint stating the cause of action, or the issue or issues in controversy. The defendant submits an answer stating his or her defenses and denials. The defendant may also submit a counterclaim stating a cause of action against the plaintiff. Pleadings serve an important function of providing notice to the defendant that a lawsuit has been instituted concerning a specific controversy or controversies. It also provides notice to the plaintiff of the defendant’s intentions in regards to the suit.
Discovery is the formal process of exchanging information between the parties about the witnesses and evidence to be presented at trial. The purpose of discovery is to make the parties aware of the evidence that may be presented at trial.
The trial is the principal method for resolving legal disputes that parties cannot settle by themselves or through less formal methods. The chief purpose of a trial is to secure fair and impartial administration of justice between the parties to the action.
Alternative Dispute Resolution
Often the parties to a dispute agree to resolve the dispute through arbitration, mediation or neutral evaluation (forms of “alternative dispute resolution”) because they are quicker and more cost effective then litigating a case in court. At Larkin Farrell, we know that a fast, tidy resolution is often the most desirable outcome for our clients.
Types of Civil Litigation
Larkin Farrell has successfully represented clients in all major areas of civil litigation. Whether representing businesses and other corporate entities or individuals, our clients can rest easy knowing that our skills and knowledge of all forms of civil disputes will be focused on their unique case.
Insurance litigation primarily involves disputes between insurers and policyholders over insurance-related matters. This covers no fault, first party and third party claims and a wide variety of civil liabilities. Some of the most common practice areas include homeowners insurance, workers’ compensation, products liability, medical malpractice, auto accidents and premises liability as well as the wider umbrella of personal injury cases. Our goal with insurance litigation is to work as hard as possible to keep claims out of the courthouse with declaratory judgment actions, as insurance lawsuits can last a decade or more. We focus on getting claims settled as fast and for as little as possible to keep the cost to our clients low.
Business litigation, also called commercial litigation, involves almost every kind of business related dispute. Running a business comes with the inherent risk of lawsuits, which, if handled improperly, can drain both time and money and threaten damage to the business’s reputation and viability. Whether a dispute arises from a breach of contract or other agreement, as a result of unethical or deceptive business practices, contentions with shareholders, disagreements between landlords and tenants or over issues of corporate governance, we are prepared to create the best conflict resolution strategy for your business. Larkin Farrell works to help our clients minimize risk while providing quick and cost effective solutions to any prospective or ongoing disputes.
Real Estate Litigation
We represent homeowners, lenders, brokers, landlords and tenants in the practice area of real estate litigation. This includes the purchase and sale of both commercial and residential real estate in addition to financing and leasing property, lis pendens, zoning, eminent domain and condemnation, evictions, disagreements over boundaries and property tax disputes among other aspects of real estate litigation. The real estate industry is ever-changing, with new laws and regulations constantly being created, therefore you need a law firm like Larkin Farrell who can evolve with the times and keep you and your interests abreast of the situation.
Civil litigation regarding the rights and obligations of workers, employers, unions and government labor agencies is known as employment litigation. Social norms and legislation inform the standards and conditions that laborers are expected to receive from their employers. Employment litigation includes but is not limited to disputes over wages, overtime, wrongful identification as independent contractors, contract breaches, whistleblowing, unsafe work environments, violence in the workplace, retaliation by employers against employees and all forms of discrimation. At Larkin Farrell, we have seen and litigated virtually every kind of employment claim and we will use that experience to help you see success in your case.
When a legal dispute over money owed arises between creditors and debtors, collection litigation is the result. At Larkin Farrell, we have litigated cases in this area involving the Fair Debt Collection Practices Act as well as disputes involving promissory notes, loans, letters and extensions of credit, collecting unpaid rent and condo charges, payment for goods or services rendered, and unjust enrichment. The most important aspect of collection litigation is determining the likelihood of collecting the debt and the expenses necessary to do so. We will use our experience to ensure you recover what is owed to you in the most expedient and cost effective manner possible.
Property Damage Litigation
Property damage litigation comes into play in the event that public or private property is damaged or destroyed by a person that is not the owner or a natural phenomena. Floods, hurricanes, fires, vandalism, negligence, construction defects, and faulty repairs are just some of the ways your property can be damaged. Whether these cases involve another party or an insurance company, we have represented both plaintiffs and defendants in property damage disputes.
In the New York-New Jersey metropolitan area, at any given time a myriad of construction projects are underway, and therefore, there is a high density of disputes that emerge regularly. Any legal issue related to construction or repair of a building such as a home, complex or other structure falls under the purview of construction litigation. Violations of federal and state regulations or local ordinances are the most common forms of construction disputes but conflicts can also arise between customers, contractors and subcontractors. Breaches of contract, improper land use, eminent domain, violations of environmental law, lis pendens, mechanics lien and cases of unjust enrichment are some of the most common issues involved in construction litigation. The laws and contractual issues involved often make New York and New Jersey construction issues extremely complex, therefore you need a law firm like Larkin Farrell with the necessary experience and capabilities to navigate such cases.
Skilled and Professional Civil Litigation Lawyers
The attorneys at Larkin Farrell, LLC have extensive experience representing clients at trial, hearings, and any and all forms of alternative dispute resolution, such as arbitration or mediation. We have represented all manner of civil litigation cases in Civil and Supreme Court throughout the 5 boroughs of New York City as well as in Staten Island’s Civil Court and in the District Courts of Long Island. We also have worked cases throughout Monmouth County from our offices in Red Bank, New Jersey. Put our knowledge and expertise at your disposal so we can start strategizing for your civil litigation case today.