Helping You Resolve Legal Disputes in NYC
Not every legal problem fits neatly into “personal injury” or “business-only” categories. You might be facing a contract disagreement, a property dispute with a neighbor, or a conflict with a company that treated you unfairly.
Our civil litigation practice covers a broad range of disputes for both individuals and businesses outside of personal injury claims—essentially, if you need to sue or are being sued in a civil court, we can help you understand your options and protect your rights.
The Law Office of Jesse D. Capell, PLLC brings trial-focused experience and practical guidance to these cases, working to resolve them efficiently while staying ready to go to court when that’s what it takes.
Types of Civil Cases We Handle
Our civil litigation work focuses on general disputes that don’t fall under a dedicated practice page, with some overlap where appropriate. Examples include:
Individual and Small-Business Contract Disputes
Disputes over service contracts, project agreements, or other deals that went wrong—even outside a strictly “commercial” setting. For example, a contract for professional services or a written agreement with a contractor that wasn’t honored.
Real Estate and Property Disputes
Neighbor conflicts, boundary and easement issues, property damage claims, or tenant/landlord disputes beyond specialized eviction practice. We help clients understand their rights and obligations under leases, deeds, and related agreements.
Consumer Fraud & Deceptive Practices
Cases where an individual believes a business misled them—through false advertising, hidden fees, or other deceptive practices. These may involve consumer protection laws and can overlap with business tort concepts.
General Civil Disputes & Lawsuits
Other civil conflicts that are not family law or criminal matters—for example, disputes over money owed, certain professional disagreements, or conflicts about rights and responsibilities where a court ruling is needed. We intentionally keep this practice broad while avoiding areas like family and criminal law that are not a focus for the firm.
Overlap with Commercial Litigation
In some situations—such as a contract dispute between businesses—your matter may be better suited for our commercial litigation practice. We’ll help you understand whether your case fits the Civil Litigation or Commercial Litigation side of the firm and route it accordingly.
Our Litigation Philosophy:
Every Case Taken Seriously
Whether your dispute involves a modest amount of money or a high-stakes conflict, we treat your case seriously and prepare diligently. Civil litigation can be disruptive and stressful; having a trial-ready lawyer gives you leverage and reassurance throughout the process.
Attorney Jesse D. Capell’s trial background means he is prepared to go to court when necessary, which often encourages fair settlement discussions. At the same time, we recognize that not every case should be tried—so we look for opportunities to resolve disputes efficiently through negotiation or mediation when that makes sense for you.
Our goal is simple: give you clear, honest advice about your position, your risks, and your options, so you can make decisions that align with your real-world priorities—not just legal theory.
The Litigation Process
The Civil Litigation Process in New York
Civil lawsuits follow a general path, even though each case is unique. We walk clients through each step so there are fewer surprises along the way.
1. Case Evaluation & Strategy
We review your documents, timelines, and goals. We discuss whether litigation, negotiation, or another approach is likely to serve you best.
2. Filing the Complaint or Response
If we’re bringing a claim, we draft and file a complaint in the appropriate court. If you’ve been sued, we prepare and file a timely response (answer or motion) to protect your rights.
3. Discovery & Investigation
Both sides exchange information through written questions, document requests, and, in some cases, depositions. This phase helps uncover the evidence that will shape negotiations and trial strategy.
4. Negotiations, Mediation & Motions
Many cases resolve at this stage. We may engage in settlement talks, mediation, or file motions asking the court to decide certain issues before trial. Throughout, we keep you informed about offers, risks, and likely outcomes.
5. Trial (If Needed)
If settlement is not possible or not in your best interest, we proceed to trial and present your case to a judge or jury. Jesse’s role as a trial lawyer is to present your story clearly, challenge the other side’s case, and fight for the result you deserve.
Civil Litigation FAQ
What is the difference between civil and criminal cases?
Civil cases are disputes between private parties—individuals, businesses, or organizations—often involving money, contracts, or rights. Criminal cases are brought by the state and can involve jail or other criminal penalties. At this firm, we focus on civil litigation; if you’re facing a lawsuit or need to bring one, that’s where we can help.
How much does it cost to sue someone?
Costs vary based on the complexity of the case and how far it goes. Unlike personal injury matters, which are typically handled on a contingency fee, general civil litigation is often billed on an hourly or flat-fee basis. In many situations, personal injury cases may be contingency, while civil disputes require a retainer and hourly billing—though we assess each case individually and explain the fee structure clearly before you move forward.
Do I need a litigation attorney for a contract dispute?
Some smaller disputes can be handled in small claims court without a lawyer, but even lawyers hire other lawyers when they’re personally involved in lawsuits. Civil procedures, deadlines, and rules of evidence are complex, and having an experienced litigation attorney greatly improves your chances of a favorable settlement or outcome, especially when the stakes are meaningful to you.
Can I handle a lawsuit without a lawyer?
It’s possible, but risky. Mistakes with deadlines, court filings, or evidence can seriously hurt your case. An experienced litigator can help you navigate the process, avoid common pitfalls, and make informed decisions about settlement versus trial.
Will my case go to trial or settle?
Many civil cases settle before trial if the parties can reach an agreement. We work to secure a fair resolution that saves time and cost where possible, but if the other side won’t be reasonable, we are fully prepared to proceed to trial.
How do I sue someone in NYC civil court?
The process typically involves evaluating your claims, choosing the correct court, filing a complaint, serving the defendant, and then moving through discovery, negotiations, and possibly trial. We guide clients through each step, ensuring filings are timely and strategically drafted, and that you understand what’s happening at every stage of the lawsuit.
What’s the difference between civil litigation and commercial litigation?
“Civil litigation” is a broad term for non-criminal disputes between private parties, while “commercial litigation” usually refers to business-focused disputes between companies or business owners. This page focuses on general civil disputes (for individuals and mixed matters), and our Commercial Litigation page focuses on business-centered conflicts. If your matter is primarily a business dispute, we may recommend starting with Commercial Litigation.
Related Litigation Services
Civil litigation often overlaps with other practice areas at the firm. Depending on your situation, you may also want to review:
1. Commercial Litigation (Business Disputes)
Representation in business-focused disputes such as partnership conflicts, contract issues between companies, and business torts.
2. Personal Injury & Trial Work
If your civil dispute also involves injuries from negligence, you may fall under our personal injury practice instead of (or in addition to) general civil litigation.
Contact Us
Get Legal Help for a Civil Dispute in NYC
If you’re facing a lawsuit—or think you may need to bring one—it’s better to understand your rights early than to wait until deadlines are looming. Our NYC civil litigation attorney can review your situation, explain your options, and help you decide on a strategy that fits your goals and resources.
Whether your case ultimately settles or goes to trial, you don’t have to navigate the civil court system alone. The Law Office of Jesse D. Capell, PLLC is here to provide clear, steady guidance from the first consultation through resolution.