Do You Have a Breach of Contract Case?
Do you have a breach of contract case, and if you do should you proceed with a legal action and hire an attorney?
Attorney L. Reed Bloodworth is often asked by potential clients whether or not they should proceed with a breach of contract legal action. Reed said the facts, the damage, and the amount of money involved usually determine whether or not there is a Florida breach of contract case.
Reed is the Orlando, Florida, Founder and CEO of Bloodworth Law. Reed has practiced business and commercial litigation and estate and trust litigation since 2004.
What’s The Value At Issue?
“Often times the first question I ask my clients is what’s the value at issue?” said Reed a 2022 U.S. News and World Report Best Lawyer in Trusts & Estates Litigation, Commercial Litigation, and Real Estate Litigation.
“Is it a situation where you’ve lost a substantial sum of money or some very minor amount of money?
“Is it a situation where you need some type of injunction or otherwise your business may be very, very damaged?
“A lot of times that simple question is going to answer whether or not they should pursue an action,” he said.
Do You Have A $1,000 to $8,000 Case?
There’s a question anyone with a legal dispute should ask if they have a $1,000 to $8,000 case: should you pay for an attorney to represent your case or do you have a case that is not worth the legal fees?
“For example, if you have a contract with someone and you believe it has been breached,” Reed said. “The result of that breach is you’re not paid $1,000. You may in fact have a valid claim for breach of contract but this is not one that you may not want to engage an attorney to handle.
“You may not want to put the money into a case if you cannot receive a valid amount in return for pursuit of the case.”
$8,000 Or Less? Small Claims Court
Is your case one for Small Claims Court? A small claims case is any legal action filed in a Florida county court over legal disputes worth $8,000 or less.
The first question is whether your attorney’s fees are going to outweigh the value of the recovery by an attorney.
“Additionally, I often ask clients in those situations where it’s a lawsuit for less than $8,000, is whether they can pursue that dispute on their own in small claims court,” Reed said.
“If it’s less than $8,000 it’s not a situation where an attorney is required. There’s a specific system set up in court for those smaller monetary amounts.”
$50,000+ is a Valid Lawsuit
“Now, when you’re facing a situation where you’re owed $50,000 or $100,000 or millions of dollars, those are much more serious in nature,” Reed said.
“Those are cases where it is very beneficial to have an attorney involved and those are typically cases that you could pursue for a breach of contract.”
Is An Injunction Needed?
“The other types of cases where it’s often beneficial to pursue a breach of contract involve cases where you may need an injunction to stop someone from harming your business,” Reed said.
Will Your Business Be Harmed and Not Recover?
“There may not be a specific monetary amount at issue but your business could be harmed to a degree that it may not recover but for getting some type of injunction.
“Those are two primary cases where you may have a cause of action for breach of contract and you could pursue it,” Reed said. “You need an injunction and your business may be harmed to the point it may not be able to recover without it.
“So again, the facts are going to determine what type of case you have what’s the monetary amount at issue but consult with an attorney. Ask them what’s my best option?
Bloodworth Law Business Litigation Team
“We’re in Winter Haven, Florida, and Orlando, Florida,” Reed said. “Give me a call. Let’s talk about what happened to you. You’ll find out if Bloodworth Law Business Litigation Team can help you or your business.”Consider sharing this post