For example, a car accident and the plaintiff is awarded $75,000. Who determines this amount? The Lawyer, Plaintiff, or Judge?
2007-08-28 15:02:01 · 4 answers · asked by Jarred V 2 in Politics & Government ➔ Law & Ethics
The one suing decides what is sued for.
You can follow your lawyers advice but you must sue for an amount certain.
The judge can never change the amount of the suit, he only controls the award. The amount sued for is the amount sued for weather you get it, less or nothing, the suit stays the same.
A jury may award more or less but the suit is for what the suit is for. You must chose an amount and sue for it.
Often there are statutory limits that cap the amount that can be awarded. It is unwise to ask for more but even morons have a right to due process.
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2007-08-28 15:04:24 · answer #1 · answered by Anonymous · 0⤊ 0⤋
The plaintiff (the person bringing the suit) asks for a certain amount, based on how much damages they have suffered -- both out-of-pocket costs (medical bills, lost work, court costs) and estimated value of harm (pain and suffering, lost work, etc.)
The plaintiff's lawyer usually calculates that amount initially, and puts that in the pleading as requested damages.
If the plaintiff wins, the court then reviews all the numbers -- often at a hearing where evidence of the numbers are presented -- and the court determines the final award.
2007-08-28 15:23:17 · answer #2 · answered by coragryph 7 · 0⤊ 0⤋
The jury decides the amount in most states.
2007-08-28 15:05:55 · answer #3 · answered by publius 2 · 0⤊ 0⤋
the judge has the final say.
2007-08-28 15:05:15 · answer #4 · answered by nvrrong 5 · 0⤊ 0⤋