The cost to sue for breach of contract in Ohio will vary depending on several factors. For instance, the complexity of the case, attorney fees, court filing fees, and other related expenses will all be factors that may impact the total cost to sue for breach of contract.
Examples of general costs that may impact the total breach of contract lawyer cost in Ohio include:
- Court Filing Fees: Filing a lawsuit in Ohio typically involves a filing fee, which can range from $100 to $400 depending on the court and the amount that is disputed in the contract
- Attorney Fees: If you hire an attorney, their fees can vary widely
- Some attorneys will charge by the hour, while others may work on a contingency basis (i.e., where the attorney pays the costs upfront but recovers a percentage of the damages recovered)
- Attorney fees can range from $150 to $500 per hour or more
- Perfecting Legal Service: You will need to pay a fee to have the lawsuit officially served to the other party, which can be anywhere between $30 to more than $500 depending on the difficulty of perfecting service and whether or not private process servers are required
- Discovery Costs: If your case requires gathering evidence, such as conducting depositions or other forms of legal discovery, there may be additional costs for these services
- Miscellaneous Costs: Other potential costs include copying fees, expert witness fees, travel fees, mail fees, and other fees involved in handling the case on a day-to-day basis
What Is a Breach of Contract Attorney, and Why Might You Need One?
Simply put, a breach of contract attorney is an attorney who handles legal matters concerning breaches of contract. As far as what constitutes a breach of contract, a breach is what occurs when a party to a valid contract fails to fulfill their duties and obligations under the terms of the agreement.
In other words, the terms of a contract guide the parties to the contract as to what they must do and how they must do it in order to maintain their end of the contract. As such, if one party to the contract does not adhere to the terms of the contract, they will be considered to be in breach of the contract.
As a result, the party that is not in breach of the contract will then be allowed to take legal action and can file a civil lawsuit against the breaching party for damages that they suffered from that party’s breach.
Generally speaking, there are three main ways in which a party may be held liable for a breach of contract include:
- Anticipatory Breach: Also known as an anticipatory repudiation, an anticipatory breach occurs when the breaching party tells the non-breaching party that they will not be fulfilling the terms of their contract
- Minor Breach: A minor breach of contract is what happens when a party fails to perform a small detail of the contract
- In minor breach cases, the entire contract has not been violated and can still be substantially performed in most cases
- Examples of minor breaches include technical errors within the contract, such as a wrong date, price, or typo within the terms of the contract
- Material or Fundamental Breach: Material or fundamental breaches are the most commonly cited reason for a breach of contract legal action
- In material breach cases, the breach is so substantial that it essentially cancels the contract, due to the fact that it renders performance by either party impossible
In addition to the above types of breaches, examples of other ways that a contract can be breached include:
- If the initial contract is fraudulent
- If the contract was formed illegally
- If the contract is unconscionable
- If there is a mistake of fact present in the contract terms
Once a party is able to prove that a breach of contract has occurred, they will then be allowed to sue the breaching party for damages. In general, the most common type of damages awarded in a breach of contract action is compensatory damages.
The term compensatory damages covers both general damages and specific damages. General damages are damages that are meant to cover losses that are directly related to the subject matter of the contract, such as failing to meet a set number of shipments.
Specific damages, on the other hand, are damages that are meant to compensate the non-breaching party for losses related to the breach but not resulting directly from the breach. For instance, damages that are related to a business’ reputation.
A breach of contract attorney is an attorney who represents a party involved in the above actions. A local attorney in Ohio will be knowledgeable on everything mentioned above, and can also answer any questions you may have.
What Other Factors Cause the Costs of a Lawyer To Vary?
As noted above, numerous factors can impact the cost of a breach of contract lawyer. One of the most impactful factors when it comes to the total cost of a lawyer is their total attorney fees. Some attorneys may cost more than others based on a variety of different factors, including:
- The amount of time the lawyer spends on the custody case
- The attorney’s experience, abilities, and established reputation
- The geographical location of the case, as some attorney’s offices are located in areas that are more expensive to operate in
- The difficulty and potential novelty of the breach of contract case
- Other costs associated with handling a breach of contract case, such as an attorney’s overhead costs, such as rent, utilities, etc.
What Services Do Breach of Contract Attorneys Provide?
As noted above, breach of contract attorneys provide legal services related to a breach of contract action. As such, they will be able to represent their client in pursuing or defending them in a civil action related to a breach of contract.
Examples of common tasks that are performed by a breach of contract lawyer include:
- Providing professional legal advice and devising a strategy that is tailored to their client’s specific breach of contract situation
- Preparing legal documents, such as breach of contract lawsuits, discovery questions, and responses, and ensuring all paperwork meets the legal requirements in Ohio
- Negotiating directly with the other party or their attorney to resolve the issues without the necessity of court intervention
- Representing their client’s interest in court by presenting their case, including introducing evidence, examining witnesses, and arguing on their client’s behalf
- Conducting legal research to build a strong case for their client by analyzing laws and cases similar to their client’s case in order to develop an effective case strategy
- Otherwise, providing support and guidance to their clients throughout the contract dispute matter
What Are the Advantages of Hiring a Breach of Contract Lawyer?
The main advantage of hiring a breach of contract lawyer is that having a professional handle your legal issue can provide peace of mind and allow you to focus on your business or other matters. Examples of other advantages of hiring a breach of contract lawyer include:
- Experience in Contract Law: A breach of contract lawyer will have specialized knowledge and experience in contract law, which can often be complex and filled with legal jargon
- Negotiation Skills: Lawyers are skilled negotiators and can help you reach a favorable settlement without going to court, which will then save you time and money
- Legal Representation: If your breach of contract case goes to court, having a lawyer ensures you have professional representation who can argue your case effectively
- Understanding of Statute of Limitations: Lawyers are aware of the time limits for filing a breach of contract claim and can help you file your lawsuit on time
- Resources: Lawyers will have access to legal resources, research tools, and a network of experts that can strengthen your case
Should I Talk to a Lawyer About My Breach of Contract Case?
If you are involved in a legal issue involving a breach of contract, it may be in your best interests to consult with an experienced Ohio breach of contract lawyer. LegalMatch can assist you in locating and setting up a legal consultation with an experienced breach of contract attorney in your area.
A breach of contract lawyer will be able to help you understand your state’s specific laws regarding contracts, as well as the types of damages that are available for a breach of contract action. Additionally, they will be able to review your contract in order to ensure that you entered into a valid contract.
Further, an attorney will also be able to initiate a breach of contract action on your behalf. Importantly, many states allow for attorneys who are successful in a breach of contract claim to automatically recover their attorneys’ fees from the other party. Finally, a breach of contract lawyer can also represent you in court, as needed.
Jose Rivera
Managing Editor
Editor
Last Updated: Dec 20, 2024