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What Evidence Can Be Used to Prove Damages in a Contract Dispute?

West Palm Beach Business Litigation Attorney 2023-01-26 16-48-30

Did your business suffer losses due to a breach of contract? Whether it was a vendor, supplier, customer, or any other party, you have the right to hold them accountable for a civil claim. You will need to prove your damages as part of the legal claims process. This raises an important question: What evidence can be used to establish the value of damages in a breach of contract claim? Here, our Miami business litigation attorney highlights the most common types of evidence.

  1. The Contract Itself 

The agreement acts as the foundational source of evidence—both for proving that a breach of contract occurred and establishing the total scope of the damages. It can directly demonstrate where the agreement was not honored, providing a clear basis for the non-breaching party’s damages. You should always be sure to retain a copy of the contract itself. 

  1. Financial Records 

Financial documents and records—from invoices to receipts to bank statements—can substantiate the extent of financial losses. Notably, these records provide tangible evidence of the economic impact resulting from the contract dispute. By presenting these documents, parties can clearly demonstrate incurred expenses, lost profits, or additional costs that arose directly from the breach. 

  1. Written Correspondence 

Emails, letters, and text messages between the parties involved can offer insights into the intentions, understandings, and communications related to the contract. While there are procedural rules that limit when this type of outside evidence can be admissible, it can certainly be used to prove the total amount of damages. 

  1. Expert Testimony 

Experts in relevant fields can provide authoritative assessments of the damages incurred. This might include financial analysts calculating lost profits or industry specialists evaluating the technical aspects of a breach. Expert testimony can clarify complex issues—thereby making it easier for a judge, arbitrator, or jury to understand the nature and scope of damages. 

  1. Physical Evidence 

Tangible items or properties affected by the contract breach can serve as powerful proof of damages. Some examples of physical evidence include damaged goods, failed products, or property that shows signs of neglect or improper handling. Photographs, inspections, or reports documenting the condition of the physical evidence can further support a claim for breach of contract damages. 

  1. Fact Witness Testimony 

Testimony from people who have direct knowledge of the contract dispute can provide personal insights into the situation. Witnesses might include employees, customers, or third parties who observed the actions leading to the breach or were impacted by its consequences.

Set Up a Confidential Case Review With a Miami Top-Tier Breach of Contract Lawyer

At Pike & Lustig, LLP, our Miami business litigation attorney has the skills and experience to handle all types of breach of contract claims. If you have any questions about the evidence that can be used to prove damages in a breach of contract claim, we are here to help. Contact us today to set up your strictly confidential initial appointment. We represent businesses throughout Southeast Florida.

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