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Breach of Contract Damages: Future Lost Profits

A plaintiff needs to show damages to prevail on a breach of contract claim. In many contracts, and often in business contracts, future lost profits will wholly or partially form the basis of a damages request.

To obtain lost profits, a plaintiff needs to prove the facts of damages with reasonable certainty and provide an adequate basis for the jury to estimate the lost profits with reasonable certainty. Midwest Coal, LLC ex rel. Stanton v. Cabanas, 378 S.W.3d 367, 371 (Mo. Ct. App. 2012). “Certainty” in this context means that damages have been suffered — and not necessarily exact proof of the amount of damages. Where the fact of damage is clear, it is reasonable to require a lesser degree of certainty as to the amount of loss. Harvey v. Timber Ress, Inc., 37 S.W.3d 814, 819-20 (Mo. Ct. App. 2001).

Contact with respect to breach of contract suits, lost future profits and/or other business/commercial disputes.