Q: How does the jury decide damage award in a civil case? Does the judge give the jury exactly numbers to choose from?
I would like to know the exact procedure of what happens in the court when deciding damage award? The plaintiff attorney suggests a number of amounts, after that does the judge give the jury several number of amounts to choose from? if so, how many options does the judge usually provide the jury? Can the jury make up a damage amount, or is it only allowed to choose from the options given by the judge? Does the judge have the final say? I would like to know the exact procedure of deciding a damage award in a civil case, thank you!!!
A:
The judge does not offer any suggestions regarding damages amounts to the jury. Generally, the plaintiff's lawyer makes suggestions, but the amount is entirely the jury's determination based on the evidence presented during the trial. There are different ways a savvy attorney can plant the seed with the jury on behalf of their client. For example, do not present any medical bills into evidence, to let the jury determine the amount on their own.
In Illinois, the jury has the hammer to determine damages any way they want. This is based upon the Illinois Verdict forms, which specify how damages are allocated. Sometimes, the forms are used by attorneys in closing. Remember jury decisions from civil juries are highly unpredictable. Again, in most cases, the numbers are suggested by the evidence.
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