Damages for lost profits are a common tool in business litigation, used by litigants to increase a defendant’s potential exposure, particularly in cases in which the plaintiff’s provable, out-of-pocket expenses may be limited. Damages for lost profits can be awarded to established businesses with a track record of profits, and also even in cases involving businesses without a proven history of profits.
The Florida Supreme Court, and cases from the Florida District Courts of Appeal, have set forth the standard for entitlement to lost profits damages. The elements for a claimant to prove such damages are that: (1) the breaching party caused the loss and lost profits were a direct result of the defendant’s actions; and (2) the amount of the lost profits can be adequately determined by some standard so as to be shown with a reasonable degree of certainty, see, e.g., WW Gay Mechanical Contractor v. Wharfside Two from the Florida Supreme Court in 1989.
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