Economic damages & lost profits expert witnesses
Damages engagements require translating legal theory into quantified losses: breach of contract, business interruption, personal injury wage-loss scenarios, and wrongful termination back-pay and front-pay analyses. Experts build but-for models, consider mitigation, and test sensitivity to key drivers.
Transparent methodology and well-sourced inputs reduce exclusion risk and help juries understand why a damages range is reasonable, not speculative.
Related topics
| Phase | What We Do | Deliverable |
|---|---|---|
| 1. Counterfactual Design | Define but-for world tied to the legal theory | Damages framework |
| 2. Data Integration | Reconcile GL, contracts, and operational KPIs | Verified data pack |
| 3. Modelling | Build lost-profit or lost-earnings schedules with sensitivities | Damages calculation workbook |
| 4. Testimony | Explain methodology and limitations to trier of fact | Expert damages report |
Frequently asked questions
When should counsel retain a damages expert?
When should counsel retain a damages expert?
Early retention helps shape discovery on performance data, counterfactual revenue models, and document requests tied to the contractual or tort baseline your theory requires.
Which records typically anchor admissible lost-profit opinions?
Which records typically anchor admissible lost-profit opinions?
ERP trial balances, customer-level revenue files, management forecasts with variance analysis, and contemporaneous board materials often form the backbone of damages models.
How do experts address mitigation?
How do experts address mitigation?
Courts expect credible discussion of mitigation efforts and substitute revenue or employment. Sensitivity analyses on growth, margin, and discount assumptions help triers understand reasonable ranges.
What documents should I send when retaining a damages expert?
What documents should I send when retaining a damages expert?
Provide pleadings, core contracts, GL detail for relevant periods, trial balances, bank statements, tax returns and workpapers, and any prior expert reports so assumptions map to admissible data.
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