How do juries decide damages in civil cases?
In civil cases, the jury is responsible for determining both the issue of liability and the specific amount of damages to be awarded. This process is conducted under the supervision of a judge, who instructs the jury on the relevant law to apply when reaching their verdict.1
When calculating damages, the jury aims to place the injured party in the position they would have occupied had the injury or breach not occurred. In personal-injury cases, this includes compensation for:2
* Actual losses, such as medical expenses and lost wages.32
* Pain and suffering resulting from the injury.2
* Reasonably certain future losses, including future medical costs and loss of earning capacity.2
In instances of especially reckless or malicious conduct, a jury may also award punitive damages. These are designed to punish the defendant and express society's moral disapproval, rather than simply compensate for a loss. These amounts are often tailored to the compensatory damages awarded and consider the defendant's wealth and ability to pay.32