Lost Profits – Not so Easy to Prove

One of the hardest types of damages to prove is lost profit damages. People don’t always believe this, or want to hear this, but it is a hard damage to prove because another party will always combat such damages by claiming they are speculative. Even if you get such damages awarded at the trial level, there is risk that these damages will get reversed on appeal. Typically, “a business seeking to recover lost profits must prove that 1) the defendant’s action caused the damage and 2) there is some standard by which the amount of damages must be adequately determined.” Bass...

29 August

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Yes, Lawsuits are an Inconvenience, but this does NOT Mean You get Inconvenience Damages

Posted by David Adelstein

in Trial Perspectives

Lawsuits are an inconvenience. They just are--no doubt about it. You have to devote time and resources, both of which you would prefer to allocate to another endeavor. However, while your time is valuable, this does NOT mean you can recover an inconvenience factor associated with your lawsuit. In a recent case, P&G Trucking of Brandon, Inc. v. Riverland Hedging & Topping, Inc., 45 Fla. L. Weekly D2023a (Fla. 4th DCA 2020), a truck struck and damaged a tractor and citrus topper. The owner of this damaged machinery sued in negligence for property damage in addition to its lost profits,...