Who decides if damages are awarded?
Asked by: Mr. Jaylin Bernier | Last update: February 2, 2026Score: 5/5 (47 votes)
The decision of whether damages are awarded, and how much, is made by the judge or jury in a court case, depending on the trial type; in a jury trial, the jury decides, while in a bench trial (judge only), the judge makes the final call on the amount, reviewing evidence like medical bills, lost wages, and suffering to determine fair compensation or punishment.
Who decides damages?
How Are Damages Determined? The court in charge of the case decides the type and amount of damages. If there is a jury trial, the jury decides. If there is a bench trial (only a judge), the judge decides.
How does a court determine the amount of damages to be awarded?
Reviewing Evidence. To calculate some damages, the jury will simply need to review the evidence that was presented in court. For example, the plaintiff's attorney should have presented the plaintiff's medical records and expenses to the jury.
What has to be proven for damages to be awarded?
If you prove that you were harmed, that the other party is legally responsible for that harm, and the amount o damages, then the court may award you damages that will be paid by the other side. There are generally two types of damages.
What are the three types of damages that can be awarded?
3 Types of Damages That Can Be Awarded in Personal Injury Claims. Personal injury claims have three primary types of damages: economic, non-economic, and punitive. These are also referred to as special and general damages, which describe losses that are either tangible or intangible.
If a plaintiff is awarded compensation, how is the amount decided?
How much will I get from a $25,000 settlement?
From a $25,000 settlement, you'll likely get significantly less than the full amount, often around $8,000 to $12,000, after attorney fees (typically 33-40%), case costs (filing fees, records), and medical bills/liens are paid, with the exact amount depending on how much your lawyer charges and the total medical expenses you owe.
How are damages calculated?
Economic damages are calculated by looking at how much money you lost because of the accident. This can include the cost of medical bills, lost wages, and property damage. Economic damages are simple to calculate, as they are generally just the sum of your documented losses and what will be lost in the future.
Can damages be awarded based on a guess?
As long as there is material available with the arbitrator that damages have been suffered, but it does not give them an insight into the granular details, the arbitrator is permitted the leeway to employ honest guesswork and/ or a rough and ready method for quantifying damages.
What is the burden of proof for damages?
“Burden of proof” refers to the weight of evidence that the plaintiff (the complaining party) must produce to win the case. In a personal injury case, the standard is normally a “preponderance of the evidence.” In some cases, the “clear and convincing evidence” standard applies.
What qualifies for punitive damages?
The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice. (See also CACI 3940-3942.)
How do insurance companies decide how much to pay out?
The insurance company assigns a claims adjuster to investigate the claim, gather evidence, and determine the extent of the victim's losses. The claims adjuster calculates an initial settlement offer based on their assessment of the victim's damages and the available insurance coverage.
How hard is it to win a civil suit?
Winning a civil lawsuit is challenging, requiring you to prove your case by a "preponderance of the evidence" (more likely than not), a lower bar than criminal cases but still demanding strong proof, often leading most cases (over 90%) to settle out of court due to complexity, costs, and uncertainty, with success depending heavily on strong evidence, a skilled lawyer, and clear liability. Key factors making it hard include navigating complex procedures, facing insurance tactics, proving damages, and overcoming the defendant's strong defense.
Are damages awarded in court taxed?
California State Tax Considerations:
Damages for physical injuries, medical expenses, and pain and suffering are typically non-taxable at the state level. However, California law also specifies that punitive damages and interest on an award are taxable.
Who actually determines if someone is guilty or not guilty?
The trial is a structured process where the facts of a case are presented to a jury, and they decide if the defendant is guilty or not guilty of the charge offered. During trial, the prosecutor uses witnesses and evidence to prove to the jury that the defendant committed the crime(s).
How do juries decide damages?
The jury often receives very little legal guidance — if any — to calculate these damages, and must simply use their own best judgment. While they are encouraged not to make decisions based on emotions, they may be more likely to do so when non-economic damages are considered.
What are the three burdens of proof?
The three main burdens (or standards) of proof in law, from lowest to highest, are Preponderance of the Evidence, required for most civil cases (more likely than not); Clear and Convincing Evidence, used in certain civil matters needing higher certainty; and Beyond a Reasonable Doubt, the strict standard for criminal convictions, meaning near-certainty of guilt.
What are the 4 proofs of negligence?
Most civil lawsuits for injuries allege the wrongdoer was negligent. To win in a negligence lawsuit, the victim must establish 4 elements: (1) the wrongdoer owed a duty to the victim, (2) the wrongdoer breached the duty, (3) the breach caused the injury (4) the victim suffered damages.
What must be proven to win a civil case?
To win a civil case, the plaintiff must prove their claims by a "preponderance of the evidence," meaning their evidence must show their version of events is more likely true than not (over 50% probability), tipping the scales in their favor, unlike the "beyond a reasonable doubt" standard in criminal cases. Specific elements of the case (like duty, breach, and damages in a negligence case) must be proven, and sometimes a higher "clear and convincing evidence" standard is required for things like fraud.
How do courts determine damages?
Damages are imposed if the court finds that a party breached a duty under contract or violated some right. The sum of money included in the damages can be compensatory damages that are calculated based on the harmed party's actual loses, or punitive damages intended to punish the wrongdoer.
What is the test for damages?
Direct causation - you must prove that your losses wouldn't have occurred "but for" the breach. Reasonable foreseeability - the types of claimed losses must have been reasonably predictable at the time the contract was made.
What are vindictive damages?
Vindictive damages, also known as exemplary damages, are damages awarded by a court not just to compensate the plaintiff for loss suffered, but to punish the defendant for wrongful conduct and deter similar actions in the future.
How much of a 30K settlement will I get?
From a $30,000 settlement, you'll likely receive significantly less, with amounts depending on attorney fees (often 33-40%), outstanding medical bills (paid from the settlement), case expenses, and potentially taxes, with a realistic take-home amount often falling into the thousands or tens of thousands after these deductions are covered, requiring a breakdown by your attorney.
What is the general rule of damages?
The general rule is that damages are meant to place the claimant in the same position as if the contract had been performed. Damages are usually awarded for expectation loss (loss of a bargain) or reliance loss (wasted expenditure).