Equitable Claims Lawyers in Phoenix

Fighting to Ensure Equity and Fairness for Our Clients

When people think of going to court, they often assume that some form of monetary damages are being sought. However, this isn’t always the case. In some instances, financial compensation may not be sufficient to resolve a dispute. Instead, only resolutions focused on fairness and equity will suffice. So, what can you do in these situations? An equitable claims lawyer in Phoenix may be able to help.

At Resolvere Law, PLLC, our team of legal professionals works hard to secure fair outcomes for our clients. In many cases, this means seeking monetary damages. When you need more to ensure a fair outcome, however, our law firm can assist. We’ll help you understand your options and how to best move forward. In some cases, you may be entitled to equitable relief and financial recovery. Contact us today for a free consultation.

Do You Need an Equitable Claims Attorney in Phoenix?

It’s not uncommon for a person to believe their case is “open and shut.” This is particularly true in equitable claims. After all, a complaining party honestly believes that the principles of equity and fairness have been violated. Surely a court would have to see things their way, right? Unfortunately, this is not always the case.

Equitable claims are unique in the fact that they’re not heard by a jury. Bench trials mean that you can’t appeal to the human nature of jurors. Instead, it’s just a judge who will preside over your case. Unfortunately, your ideas of fairness and equity may not be the same as the judge’s. Put simply, you need a legal professional on your side who can present your case in a way that appeals to the court’s sense of decency.

Let our equitable claims lawyers in Phoenix help. Contact us today.

When Are Equitable Claims Appropriate?

Equitable claims are appropriate whenever a party’s goal is to compel certain actions from another party. Legal remedies in these cases do not involve money. However, many types of cases that are traditionally handled with legal claims can fall under equity law. Here are a few types of cases that our Phoenix equitable claims lawyers handle:

• Boundary disputes
• Breach of contract
• Business litigation
• Buy and sell agreements
• Civil litigation
• Construction litigation
• Partnership disputes
• Real estate disputes

This list may seem relatively extensive, but it’s far from exhaustive. The simple fact is that equity law exists in nearly every aspect of our lives. It allows us to live in a just and civilized society. Have the actions of one party made a contract no longer fair? Are there disagreements over property division in probate? Did someone agree to a certain action but now refuses to follow through?

In all these situations, equity has been ignored. When someone decides to violate the tenets of fairness, an attorney can help you set things right. Contact us today for your free consultation.

Types of Equitable Remedies in Arizona

When a court grants equitable relief, the remedy focuses on compelling or preventing certain actions rather than awarding money. Understanding the types of equitable remedies available helps you know what outcomes are possible in your case.

An injunction is a court order requiring a party to do something or stop doing something. Temporary injunctions may be issued during litigation to prevent ongoing harm, while permanent injunctions are granted as part of a final judgment. These are common in boundary disputes, business litigation, and cases involving breaches of non-compete agreements.

Specific performance orders a party to fulfill their obligations under a contract. This remedy is often sought in real estate transactions or buy and sell agreements when the subject matter is unique and monetary compensation would not adequately substitute for the promised performance.

Rescission cancels a contract entirely, returning both parties to their positions before the agreement was made. This remedy may be appropriate when a contract was entered into based on fraud, misrepresentation, or mistake.

Reformation allows a court to rewrite a contract to reflect the true intentions of the parties when the written document contains errors or does not accurately capture what was agreed upon.

A constructive trust is imposed when one party has been unjustly enriched at another’s expense, requiring them to hold property or assets for the benefit of the rightful owner.

How Equitable Claims Differ From Legal Claims

Understanding the distinction between equitable claims and legal claims helps you determine which approach is appropriate for your situation. While both fall under civil litigation, they differ in their goals, procedures, and the types of relief available.

Legal claims seek monetary damages to compensate an injured party for losses they have suffered. If someone breaches a contract and causes you financial harm, you would pursue a legal claim to recover payment to cover those losses. The focus is on making the injured party whole through a dollar amount.

Equitable claims, by contrast, seek remedies that address fairness rather than financial compensation. When money cannot adequately resolve a dispute, equitable relief asks the court to order a party to take specific action, stop certain behavior, or correct an unjust situation.

Another key difference involves how these cases are decided. Legal claims are often heard by a jury, while equitable claims are decided by a judge in what is known as a bench trial. This means the judge alone evaluates the evidence and determines the outcome based on principles of fairness and justice.

In some situations, a case may involve both legal and equitable claims. For example, a breach of contract dispute might seek specific performance to compel the other party to fulfill their obligations while also requesting monetary damages for losses incurred during the breach. An experienced equitable claims attorney in Phoenix can help you understand which remedies apply to your circumstances.

What to Expect During an Equitable Claims Case

Pursuing an equitable claim involves several stages, and knowing what to expect can help you prepare for the process ahead. While each case is unique, most follow a similar path from filing through resolution.

The process begins with filing a complaint that outlines the facts of your dispute and the equitable relief you are seeking. The defendant then has an opportunity to respond, and both parties engage in discovery, exchanging documents and information relevant to the case.

Because equitable claims are decided by a judge rather than a jury, bench trials tend to be more streamlined than traditional jury trials. However, preparation remains critical. Your attorney will gather evidence, identify witnesses, and develop arguments that demonstrate why fairness and equity require the court to grant the relief you are requesting.

In some cases, parties may seek preliminary relief before the trial concludes. If immediate harm is occurring, your attorney can request a temporary restraining order or preliminary injunction to prevent further damage while the case proceeds.

Settlement discussions may occur at any point during litigation. Many equitable disputes are resolved through negotiation once both parties understand the strength of the evidence and the likely outcome at trial. If settlement is not possible, the case proceeds to a bench trial where the judge issues a final ruling.

Working with a knowledgeable equitable claims lawyer ensures your case is presented effectively and that you understand your options at each stage of the process.

Can You Recover Monetary Damages in Equitable Claims?

If you looked at many of the equitable claim types listed above, you might have noticed something interesting. Put simply, these cases don’t solely exist in the world of equity law. In many cases, circumstances may dictate that monetary damages are appropriate. So, is it possible to secure financial compensation in an equitable claims case?
This certainly is a possibility. Claims based on equity may have resolutions such as injunctions, contract rescission and reformation, specific performance orders, constructive trusts, and more. However, the courts may also order monetary relief if actual damages occurred due to a defendant’s wrongful acts. A legal professional can help you understand if you qualify.

Contact Our Equitable Claims Lawyers in Phoenix Today

There are no one-size-fits-all solutions in the legal world. While many litigants may seek monetary damages, the law isn’t always this simple. At times, it’s necessary to ask a judge to hand down a decision that focuses on fairness and justice. Regardless of the dispute you’re involved in, having a legal professional on your side can prove invaluable.
At Resolvere Law, PLLC, our dedicated legal team is ready to assist. We can review your case to help you understand relevant law, and we can help identify the best path forward in your situation. Contact us today by calling (480) 568-1327 to schedule your free consultation. Our equitable claims lawyers in Phoenix are on standby and here to assist.