A broken contract can have serious consequences for the victim of the breach, but it also can be a cause for concern to the breaching party. If your contract has been breached by the other party, you may be able to claim damages or other actions to repair the harm caused by the breach. Learn how you can file a claim for a breach of contract.
Evidence of the Breach
If you have a broken contract, you will need to provide specific evidence to make a claim. Your claim should contain three basic elements of proof:
- Valid contract: Your contract must be legally valid to be enforced in court.
- Breach of contract terms: You must prove that there is a serious or material violation of your terms.
- Damages: You must be able to prove your losses with some degree of certainty. Courts may order damages to be paid, but there are also other remedies that may be ordered, depending on the case.
Where Do I File a Claim?
The specifics of your claim will determine where your claim is filed. Depending on the nature of the contract, the subject of the contract, and specific state laws, you may file your claim in a different court. Typically, breach of contract claims are handled in civil court, but smaller contracts may be handled in small claims court. Your lawyer can help you determine the correct court for your specific case.
Sometimes, it is possible to negotiate a breach of contract outside of court. Often, an impartial third party is used to help with these negotiations, such as a mediator or an arbitrator. These alternative dispute resolution methods may save both parties time, money, and the hassle of going to court.
At The Hunnicutt Law Firm, we are dedicated to supporting our hard-working clients and protecting their businesses. Our experienced Dallas breach of contract attorney understands how important contracts are, and we will help you seek the remedy you deserve after a breached contract.
Learn how we can help you with a free case evaluation. Contact our offices by calling (214) 361-6740.