If another company breaches a contract with your business, then you may need to file a lawsuit to recover any damages their breach caused. While most lawsuits are settled out of court, you’ll want to be prepared to go to trial if their settlement offer is less than what you will accept.
Although plaintiffs can sue for breaches of oral or implied contracts, proving that an agreement was made can be difficult. However, with a written contract, the contract itself shows that an agreement existed.
Breach Must Be Defined
When the plaintiff is suing the defendant for breach of contract, the complaint that is filed must specifically state what the breach by the defendant was. Some of the reasons that may be considered breaches of contract are non-payment of money for services rendered, failure to perform a service or deliver goods, or negligent acts of performance. A civil litigation lawyer in Santa Barbara, CA can handle the case for you.
Suing for Damages
When a lawsuit is filed, the plaintiff can sue for the damages caused by the defendant’s breach of contract. In most cases, a civil litigation lawyer will sue for the damage amount the breach caused the plaintiff.
Although in other types of civil cases the plaintiff can also ask for punitive damages and pain and suffering, these damages are not ordinarily allowed in breach of contract matters. However, sometimes the plaintiff can add damages for mental or physical suffering if a Santa Barbara civil litigation lawyer can show that the breach of contract caused the plaintiff to become ill.
In addition, the plaintiff’s civil litigation lawyer may also include consequential and incidental damages caused by the defendant’s breach of contract. These damages can be difficult to understand but an experienced lawyer can explain what they are and possibly include them in your lawsuit.