Background and Aim: This article was compiled with the aim of examining the possibility of filing a lawsuit for loss of opportunity in Iran's legal system and judicial procedure with a review of American law. In this article, the legal concept of loss of opportunity and its relationship with similar concepts such as loss of benefit and lack of benefit have been analyzed. Our goal in this research is to compare the legal system of Iran and America regarding the lost opportunity.
Materials and Methods: The research method in this article is descriptive, analytical and library method.
Ethical Considerations: From the beginning to the end of the article, the principles of honesty and trustworthiness have been observed.
Findings: The findings indicate that the existence of disagreements between jurists and jurists on the one hand, and the discussion about previous and current laws in accordance with the American law, on the other hand, creates serious challenges in this field; Because the legal system derived from jurisprudence in Iran, whose effects and signs are evident in the legislative process, on the one hand, they believe in compensation for the loss of opportunity, and on the other hand, some people do not consider these losses to be compensable.
Conclusion: Finally, the interpretation of civil laws, the opinions of jurists and the judicial procedure lead us to the conclusion that the damages caused by the loss of opportunity can be compensated without a doubt if they are real and definite.