How do courts determine damages?
In California, courts determine damages by applying the legal concept of damages to the facts of the case. Damages are a form of legal relief that is awarded to a plaintiff in a civil case. In most cases, the damages awarded to the plaintiff are meant to compensate the plaintiff for his or her losses or suffering as a result of another party’s wrongful or careless actions. There are two main types of damages, compensatory damages and punitive damages. Compensatory damages are intended to reimburse the plaintiff for his or her losses, including medical expenses, loss of wages, and property damage. Punitive damages are designed to punish the defendant for the wrongful or careless actions and are typically awarded in addition to the compensatory damages. In California, courts will consider a variety of factors when calculating damages, including the plaintiff’s medical bills, lost wages, and other out-of-pocket expenses. Additionally, courts often consider the amount of physical pain and psychological suffering endured by the plaintiff as a result of the defendant’s actions. In some cases, courts may also consider non-economic losses such as pain and suffering, or the loss of a loved one. Ultimately, the court must be able to support the damages award with evidence showing the costs incurred by the plaintiff. The court may also consider expert testimony as to the amount of damages due. In California, it is up to the judge or jury to determine the amount of damages in a particular case.
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