can a plaintiff recover more than he sues for?

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can a plaintiff recover more than he sues for?

If a jury comes back with an amount higher than what was sued for,
can that amount be awarded?

Asked on December 4, 2017 under Personal Injury, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the additional amount is supported by the evidence and represents costs, injuries, losses, etc. which developed or were discovered after the suit was filed, yes--the plaintiff can get more than he/she sued for. Example: during the course of the lawsuit, the plaintiff discovered additional injuries, or injuries did not respond to treatment, causing continuing problems (more "pain and suffering"), or there were additional medical costs, etc., the plaintiff get more than he/she originally sued for.


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