This is a frequently asked question which is difficult to answer without detailed discussions with a lawyer. Most cases can be identified as either a breach of a contract or a breach of a duty recognized by law, or a tort. While each case is slightly different and depends on specific facts of the case, virtually every case has the following elements:
Breach of an obligation (whether contractual obligation or an obligation recognized by the law). In short, someone else took action, or failed to take some action which affected your rights.
The other person’s breach is the proximate cause of your current injury. In order to seek recovery from another, it must be proven that the injury you suffered, usually a financial injury, is the direct result of the other’s action or inaction.
Finally, there must be actual damages. In other words, you must be able to identify and quantify the value of the injury you suffered. This can include cost repairs, lost financial gain, or what it takes to place you in the new position you would have been but for the other person’s actions.
This is a brief overview of what is in fact a specific analysis with you and your attorney. The lawyers at JensenBayles have years of experience evaluating cases in a wide variety of legal disciplines such as, breach of contract, construction defect, trust and estate litigation, guardianship, and many others. Our attorneys have in the past and continue to represent both Plaintiffs and Defendants in all manner of cases. To discuss the facts of your particular case, please contact one of our attorneys at (435) 674-9718 or email@example.com.