Civil Litigation

While every civil lawsuit has its own unique challenges and characteristics, there are several similar steps in the process from beginning to end.  Perhaps the most obvious is to begin at the beginning:  seek the counsel of an  experienced attorney, preferably one well-practiced in the type of civil litigation surrounding your case.  Not only will experienced legal counsel know how to advocate for you, they will help you understand the proceedings of your case along the way.

Step One – Assess Case: The first thing we do at Cohen & Lucyniak, P.C. is perform an initial case assessment – we listen as our client presents us with the details of why they are considering filing a lawsuit, as well as the circumstances surrounding that decision. 

Step Two – Investigate:  After our initial meeting, we begin the investigative process.  Our legal team will dive into the details of the case.  This is the evidence-building portion of the process, where we spend time and effort in gathering the proof that will support a favorable outcome.

Step Three – Draft or Respond to Pleading:  We then draft a “Complaint”, which is an initial court document that explains our client’s side of the story.  Included in this document are the details of your case, as well as the outcome you are hoping for.  The pleading is then delivered to the defendant – this is commonly referred to as “being served.” If our client is the defendant, we will craft a legal response, called an “Answer,” offering their side of the story. Often, counter accusations are leveled, and questions are presented back to the plaintiff.

Step Four – Discovery:  Once both pleadings have been filed with the court, the “Discovery Process” begins. This is a time consuming exercise where our attorneys will spend most of their time. Our legal team begins in-depth research, document review, witness interviews, and other steps to determine as many facts as possible about the case. Expert witnesses may be called to validate a client’s arguments, and they may be used in testifying when the case goes to court. During this process, investigators or the attorney may examine the scene in question or request specific documentation and statements from the people involved in the case.

Step Five – Pre-Trial Tasks:  In this phase, we wrap up the “Discovery Process”; consult with and advise our clients; retain expert witnesses; attend pre-trial conferences; further develop case strategies; and prepare trial exhibits. 

Step Six – Possibility of Settlement:  Our attorneys are trained that, in most cases, settlement is the best path to a favorable resuilt for our clients.  Therefore, we begin negotiations with the other party’s attorneys as early in the process as possible, with the hopes of avoiding court and reaching a settlement.  However, in most cases, settlment chances most likely after “Discovery Process”.

Step Seven – Trial:  If no settlement agreement is reached after the “Discovery Process”, the case will go to trial. This may or may not involve a jury, depending on the circumstances of the case. Before the trial, we provide our legal briefs to the judge. These documents outline our arguments and the evidence both parties have. At the trial, we offer an opening statement, then pursue arguments and questioning.  We will then offer strong closing arguments. The judge or jury will then decide the verdict.

The attorneys at Cohen & Lucyniak are skilled trial attorneys.  Other attorneys will often take your case to the Pre-Trial stage then refer it to another attorney for Trial.  At Cohen & Lucyniak, we will stay with you every step of the way. We specialize in presenting strong litigation with clear evidence that results in a positive outcome for you.  Let us know how we can help you!