What is the test for recoverable damages in a personal injury case?

California, United States of America


The following excerpt is from Sargon Enter.s Inc v. Univ. Of Southern, B202789, B205034, No. BC209992 (Cal. App. 2011):

recoverable where the evidence makes reasonably certain their occurrence and extent." (Kids' Universe v. In2Labs (2002) 95 Cal.App.4th 870, 883.) The present case involves an established business.

"It is enough to demonstrate a reasonable probability that profits would have been earned except for the defendant's conduct." (Kids' Universe v. In2Labs, supra, 95 Cal.App.4th at p. 884.) "[D]amages may be established with reasonable certainty with the aid of expert testimony, economic and financial data, market surveys and analyses, business records of similar enterprises, and the like." (Ibid.)

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