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Fill and Sign the Burden is on the Plaintiff to Prove His Damages by a Preponderance of the Evidence Form

Fill and Sign the Burden is on the Plaintiff to Prove His Damages by a Preponderance of the Evidence Form

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IN THE CIRCUIT COURT OF COUNTY, MISSISSIPPI PLAINTIFFVS.NO. AND DEFENDANTS INSTRUCTION NO. The burden is on the Plaintiff to prove his damages by a preponderance of the evidence and with reasonable certainty. If your verdict should be for the Plaintiff, then you should award only such damages as have been proven, if any, by a preponderance of the evidence. You are further instructed that damages cannot be proven by mere speculation, conjecture or guesswork but must be reasonably certain; if the Plaintiff has, not your judgment, failed to prove any part of his claimed damages by a preponderance of the evidence and with reasonable certainty, then as to such part, no sum of money should be awarded.Any damages you award to the Plaintiff in this case must be reasonable. You are not authorized to find for the Plaintiff in any amount beyond reasonable compensation. You are not authorized to award any damages in the nature of a penalty or for attorneys' fees. You should not consider any estimate of damages made by the parties as binding. You must confine your verdict to reasonable compensation.You may award only such damages as will fairly and adequately compensate the Plaintiff for the loss, if any, proximately caused by the accident in question. The Court further instructs the jury that the Plaintiff should not derive a profit from the amount awarded. Therefore, the Court instructs the jury that you should not award such damages to the Plaintiff as would put him in a better position than he would have been in had this incident not occurred. Further, you are instructed that the arguments of the lawyers are not evidence or any measure of damages and, also, the amount the Plaintiff has sued for is not evidence of any measure of damages. If you should find for the Plaintiff, then on the question of damages, you are the sole judges as to the amount of damages, and if you find for the Plaintiff, you have a duty to fix the damages at a reasonable compensation for the damages which have been proven by a preponderance of the evidence, and in determining what is a reasonable amount, you must be as fair to one side of the case as to the other. DI- 17

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