How do courts determine damages?

In Virginia, courts use a range of methods to determine damages when deciding a civil case. Before a court decides the amount of money to award to a plaintiff, they must first identify the type of damages that the plaintiff suffered. Typically a plaintiff can receive either compensatory or punitive damages. Compensatory damages are awarded to the plaintiff to compensate them for losses incurred as a result of the other party’s misconduct. This can include medical bills, lost wages, or emotional distress. The court will try to set a fair amount of compensation for the losses suffered so that the plaintiff can be made whole. Punitive damages are awarded to the plaintiff as a form of punishment for the other party’s wrongful conduct. Punitive damages are intended to punish the other party and to deter them from similar future conduct. The amount of punitive damages awarded will depend on the severity of the other party’s misconduct. When determining damages, the court will look at a variety of factors, including the extent of the harm suffered by the plaintiff, the extent of the other party’s wrongdoing, and the amount of compensation required to make the plaintiff whole. The court will then decide the amount of damages that should be awarded to the plaintiff.

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