Economic Damages
Economic Damages
  • Lost Profits

    • Lost profits can be due to lost revenues, additional incurred costs, diminution of business value, securities fraud, estate and trust fraud, intellectual property infringement or anti-trust violation. We create effective models that can be used to graphically demonstrate the lost profits calculations.We have experience in calculations that include manufacturing, real estate, software, distribution as well a variety of other industries.Our work is both claimant and defense. We work to cost effectively create analysis that can be explained clearly and concisely to a trier of fact.Our analysis and testimony have resulting in multi-million-dollar verdicts for plaintiffs. Among our successes is assisting the defense in receiving a zero verdict in a trust/real estate matter with claims over $100 million.

 

  • Contract Disputes

    • Contract disputes come in many forms that require a creative financial analysis. Models often need to be developed based on accepted theories but framed in a manner that highlight the damages clearly. We are well versed in developing these arguments.

 

  • Punitive Damage Assessments

    • We can assist legal counsel in developing presentations to the judge that allow a ruling of punitive damages to be assessed. Showing the trier of fact, the solvent financial condition of the defendant and their ability to pay punitive damages can be a strategy that assist counsel in obtaining larger judgments.

 

  • Business Interruption

    • Increasing the value of a business interruption claim to the insurance company can be a valid strategy to obtain larger, more appropriate settlements. The insurer wishes to mitigate their claim payouts to the minimum necessary. The insured can use our reports to negotiate a fair settlement instead of relying on the analyst hired by the insurance company to determine the amount of the claim.Other business interruption claims can be made due to a variety of bad acts on the part of a landlord, business partner or vendor.We develop clear and concise analysis which will be persuasive when used in litigation or settlement discussions.

 

  • Product liability

    • Product liability claims call for economic damage calculations often revolving around wage loss or wrongful death calculations. We have performed analysis of each in the context of product liability.

 

  • Wage loss in personal injury

    • Wage loss in personal injury matters revolve heavily around the assumption that are made in the mathematical models used. Our work in wage loss calculations is the same for plaintiff or defendant. This renders our analysis effective and persuasive to the triers of fact. We focus on advocating for our opinions, not advocating for the plaintiff or defendant. This places us in a position as neutral experts that maintain credibility with the court.

 

  • Real Estate and Construction Disputes
    • Construction defects
      • We are skilled at making these calculations and offering clear and concise analysis which is easy for the trier of fact to follow.
    • ¬†Construction scams
      • Contractors and sub-contractors can double bill, overbill per contract and pass costs of other jobs to their customers. We are skilled at identifying the schemes used to perform these scams and assessing damage amounts.
    • Property management scams
      • Property managers can pass fees and costs to clients that are unwarranted and false. We understand how these schemes are constructed and can assist you in unraveling them.
    • Property investment scams
      • We have unraveled a number of schemes that are constructed to cheat the passive investors of property investment partnerships. Some of these schemes are sold as “tax advantaged” investments, some are sold as uplegs for private 1031 transactions. ¬†We are familiar with 1031 exchange upleg schemes and are familiar with the TIC (Tenants in Common) and DST (Delaware Statutory Trusts) requirements.