February 26, 2020 Articles

Using Experts to Prove Damages

Damages experts can help tie a defendant’s conduct to economic harm and distill complicated economic concepts into jury-friendly soundbites.

By Matthew S. Mulqueen

Selecting the Right Damages Expert

Careful thought should be given at the outset of a case to what type of expert will best serve your client’s interests.

In some cases, an accounting expert may be appropriate. Accounting experts can help wade through voluminous financial reports and statements to draw conclusions from those documents. They can also calculate lost profits based on an entity’s historical performance and future projections.

In other cases, a party may want to consider engaging an economist. Economists can develop more complex models of market outcomes and “but for” scenarios that extend beyond a party’s own financial statements. Economists can also apply quantitative analysis to the facts of a case using methods like regression analysis and statistical sampling.

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