Section 7 Recovery of Future Damages
| Library | Damages 2012 |
A plaintiff may recover damages that the plaintiff is “reasonably certain to sustain in the future.” MAI 4.01 [2002 Revision]. “Future damages” are merely those that are more likely than not to be incurred at some uncertain date. The 2002 Notes on Use to MAI 4.01 indicate that the optional language for future damages should only be used when supported by the evidence. Thus, future damages may be awarded only upon the showing of sufficient foundation.
MAI 4.01 is to be utilized...
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