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Law Offices of Jonathan M. Cooper

Q:
How do I know if it is “worth it” to pursue a New York breach of contract claim?

A:

Pursuing a breach of contract claim in New York takes a commitment of both your finances and your time. To greatly increase your chances of succeeding in a claim, you should be represented by an experienced New York business litigation lawyer who can help you assess the facts and circumstances surrounding your case.

A good example is a recent breach of contract filing in New York in which a hotel guest filed suit against Intercontinental Hotels Group after being bitten by bedbugs at a Holiday Inn. The woman involved had to consider many factors, including the fact that her damages are tied to emotional and mental anguish versus a clear-cut dollar loss, as well as the economic stability of the defendant.

In this case, the defendant is a major corporation that is more likely to have the ability to pay damages in the event the lawsuit is lost or settled.

Factors to consider when deciding whether to pursue a claim for breach of contract in New York include:

  • Is the contract breach clear or ambiguous?
  • Who is the offending party?
  • Was the contract in writing?
  • Is the defendant economically sound?
  • What is the amount of your losses?
  • How easily are your damages proven?
  • Is the amount of your damages subjective or clear-cut?

While the decision as to whether to file a claim is ultimately yours, an experienced New York breach of contract attorney can help you assess your options. For more information about this and other business litigation matters, all our office today at (888) 497-3410.