What makes an expert damages report admissible under Daubert?
Under Daubert and Federal Rule of Evidence 702, an expert damages report must be based on sufficient facts or data, employ reliable principles and methods, and demonstrate that the expert reliably applied those methods to the case facts. The report should demonstrate that the methodology has been tested, subjected to peer review, has a known error rate, and is generally accepted in the relevant professional community. CaseMark structures reports to address each Daubert factor with supporting citations and transparent methodology disclosure.
How do you calculate lost profits in a breach of contract case?
Lost profits are typically calculated using a 'but for' analysis that compares the plaintiff's actual financial performance with the performance that would have been achieved absent the defendant's breach. This involves establishing a baseline using historical performance or industry benchmarks, projecting revenues and expenses during the damages period, and subtracting actual profits earned. The calculation must account for mitigation efforts, contingencies, and alternative causes. CaseMark analyzes your financial statements and case documents to perform this multi-step calculation with full transparency and supporting schedules.
What financial documents are needed for a damages analysis?
A comprehensive damages analysis typically requires financial statements (income statements, balance sheets, cash flow statements) for periods before, during, and after the alleged wrongful conduct, tax returns, accounting ledgers, sales records, and relevant contracts. Industry benchmarks, market research, and comparable company data may also be needed. Discovery materials including interrogatory responses and deposition testimony often provide critical financial information. CaseMark reviews all uploaded documents to identify available data and any gaps requiring assumptions or additional discovery.
How long does it typically take to prepare an expert damages report?
Manually preparing a comprehensive expert damages report typically requires 30-60 hours of work, including document review, financial analysis, calculation development, methodology documentation, and report drafting. Complex cases involving multiple damages theories or extensive financial records can take significantly longer. CaseMark reduces this to under 30 minutes by automating document analysis, calculation structuring, and report generation while maintaining the rigor and detail required for litigation use.
Can the same report address multiple damages theories?
Yes, expert reports frequently address alternative damages theories such as lost profits, diminution in value, and disgorgement of unjust enrichment. Each theory should be calculated separately with clear methodology, and the report should explain any overlaps or offsets to avoid double recovery. CaseMark can structure reports that present multiple damages calculations organized by theory, time period, or legal claim, with clear explanations of which scenarios are mutually exclusive and which can be aggregated.