Filing a lawsuit is a big decision, so make sure you have a good case before going through the hassle of finding a lawyer. For example, you hire a flooring company to replace the carpet in your business. They do a bad job, and it took much longer than they said it would. Before filing a claim against them for breach of contract, ask yourself some questions and establish the facts of the case.
Do I have a good case?
- Can you prove your case? You’ll need a copy of the contract you signed with the other party, or evidence a contract was made. You must prove they didn’t do what was agreed to under the contract. You will have to prove that you held up your end of the deal, which, in this example, would be paying the contractor.
- If you win, will you be able to collect on the court judgement? If the person or business you sue goes bankrupt or disappears, the outcome of your case is worthless. You must collect the money the judge says you are owed, the court or lawyer will not do it for you.
- Can you prove damages? You will need to demonstrate how the other party’s actions harmed you economically. This could include the number of clients you have lost or the amount of revenue not earned due to the incident.
Every case has different legal elements, so be sure to research the type of law your case falls under. Additionally, be aware that there is a wealth of misleading, incomplete, outdated, and incorrect legal information on the Internet. Reference: Nolo’s Encyclopedia of Everyday Law, 3rd edition. (Irving & Michon) The information above is for educational purposes only and is not to be accepted as legal advice.
Boyer Law Firm, P.L. does free initial consultations only after pre-screening through e-mail or a telephone conversation. Also, you must send us the documentation related to your case in order for a full assessment.