How are damages decided in a lawsuit?
How are damages decided in a lawsuit? Tim Cella Former Paralegal at Ascent Law (2018–2021) Just now This depends of the type of lawsuit. Is the lawsuit based in tort law ? Is the lawsuit based in contract law ? How was the person or entity harmed? The answers to those questions will help form the structure for a determination of damages. With that being said, the court evaluates the evidence presented by both sides to determine the appropriate amount of damages. Damages are usually awarded to the prevailing party in a lawsuit, and the amount is determined by the court based on the evidence presented. Damages are typically awarded for losses suffered by the plaintiff as a result of the defendant’s wrongful conduct. The court considers the type of harm suffered, the amount of harm suffered, and the amount of damages necessary to compensate the plaintiff for the harm suffered. The court also considers the defendant’s ability to pay the damages. The ...