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Economic Damages Expert Witness
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Donald M. May

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Donald M. May
DMA Economics LLC

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What is covered under Economic Damages Expert Witness Law Practice?

The Economic Damages Expert Witness Law Practice is a specialized professional service that provides impartial financial analysis and testimony to quantify monetary losses in legal disputes. This practice, often staffed by forensic accountants and economists, serves as a critical support function for litigation by calculating damages in a methodologically sound and legally defensible manner. The scope of this practice is broad, covering the calculation of lost profits in complex commercial litigation, such as breach of contract or business interruption cases. It also includes assessing lost wages and future earning capacity in personal injury, wrongful termination, and discrimination lawsuits. Practitioners analyze vast amounts of financial data, apply established economic models, prepare detailed expert reports, and provide clear, objective testimony in depositions and at trial to assist the court in understanding the financial impact of a legal wrong.

Economic Damages Expert Witness FAQ's

An economic damages expert witness is a financial professional, typically a forensic accountant, economist, or valuation analyst, who is qualified by their knowledge, skill, and experience to provide expert testimony in a legal case. Their role is to analyze complex financial and economic data to calculate the monetary losses suffered by a party. They provide an objective and independent opinion on the value of the damages and explain their methodology in a clear and understandable manner to a judge or jury.

Economic damages experts are needed in a wide variety of legal cases where quantifying financial loss is a central issue. They are essential in personal injury and wrongful death lawsuits to calculate lost future earnings and the cost of future medical care. In commercial litigation, such as breach of contract or intellectual property infringement cases, they are retained to determine lost profits and economic harm. They are also frequently used in employment disputes to calculate damages from wrongful termination.

The legal difference is based on quantifiability. Economic damages are the specific, calculable financial losses that a party has suffered as a direct result of a wrongful act. This includes objectively verifiable losses like past and future medical expenses, lost wages, and lost business profits. Non-economic damages are subjective, intangible losses that do not have a direct invoice, such as pain and suffering, emotional distress, loss of enjoyment of life, or loss of consortium.

An expert calculates lost profits by determining what the business’s financial performance would have been “but for” the defendant’s wrongful act. This is typically done by analyzing the company’s historical financial data, considering industry trends and overall market conditions, and creating a detailed projection of the revenue and expenses that were lost. The difference between this projected “but for” scenario and the company’s actual performance represents the calculated lost profits damages.

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Donald M. May

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