Economic Damage
Expert damage assessments may be required for a variety of situations. This can occur when a litigant seeks redress for negligence or misconduct as a result of professional malpractice, or when a business has been illegally damaged and the financial impact must be determined. Oxburgh Row utilizes verified and trusted methodologies to quantify, measure, and illustrate economic damages. Complex commercial damages can include lost profits, lost business value, and intellectual property infringement. Cause-of-action factors upon which the financial injury rest must be identified in the process of assessing damage, which includes detailed business, economic, and financial research to determine causation, duration, incremental loss, and future loss.
Damages must be calculated and quantified in a manner that can be legally proven to a reasonable degree of economic certainty. This process usually involves two distinct valuations where the first valuation determines the present value of the company and the second valuation is based on what the value of the company would have been in the absence of the action that caused the damage. Other approaches to measuring damages include the Yardstick Method, which is based on comparable measures, and the But For Method.
Oxburgh Row will also review the damage calculations prepared by other valuation experts, assess the financial claims of opposing parties, assist in negotiations and mediation, and provide litigation support with expert witness testimony. In addition to measuring lost profits, lost business value, and intellectual property infringement, we offer services to provide support for the following:
- Business interruption
- Contract damages
- Fraudulent conveyance
- Insurance claims
- Lender liability claims
- Special issue damages
- Tortuous interference
- Unjust enrichment
- Professional malpractice