Litigation Damages Calculation Framework
Structure litigation damage calculations that satisfy Daubert standards and expert admissibility ...
What You Can Do
You can build rigorous damage calculations that meet judicial admissibility standards by applying structured forensic methodologies, documenting assumptions with supporting evidence, and preparing expert-witness-ready analysis. The framework guides you through selecting the correct damages model for your case type, identifying causation links, separating damages from pre-existing conditions, and formatting reports that survive Daubert/Kumho scrutiny. You'll create calculations that defend against opposing expert rebuttal and withstand cross-examination in depositions and trial.
Features
identifies correct methodology (lost profits, lost wages, diminished value, economic harm) based on case type and jurisdiction
structures and justifies all calculation assumptions with supporting evidence and forensic standards references
systematizes damages across time periods while isolating causation and excluding pre-existing conditions
ensures calculations meet federal and state expert admissibility standards with defensible methodology
anticipates opposing expert challenges and documents counter-arguments within calculation logic
organizes calculations, assumptions, and findings in court-ready format with clear causation narratives
builds transparent models with labeled inputs, formulas, and source documentation for expert review and deposition defense
Example Output
Example 1: Lost Profits Damages (Business Interruption)
- Identified baseline revenue period (2018-2021) with statistical controls for growth trends
- Quantified lost revenue stream at $2.3M over 18-month period with supporting market analysis
- Documented causation link: specific defendant breach directly prevented customer contracts
- Calculated prejudgment interest per applicable state statute
- Prepared rebuttal section addressing opposing expert's 'market conditions' argument
Example 2: Lost Earnings Damages (Employment Case)
- Established plaintiff's earning capacity using comparable worker methodology
- Calculated lost wages: $85,000/year × 4.5 years = $382,500 (with annual growth adjustments)
- Separated pre-existing health conditions from defendant-caused work loss
- Documented mitigation efforts and job search analysis
- Prepared Daubert-compliant assumption table with peer-reviewed support
Example 3: Rebuttal Analysis
- Identified three weaknesses in opposing expert's calculation methodology
- Documented why alternative damages model (theirs) violates accepted forensic standards
- Prepared counter-narrative defending your causation assumptions with case law support
What's Included
- SKILL.md instruction file with full framework methodology and admissibility standards:
- Damages Model Decision Tree: flowchart for selecting correct calculation approach by case type
- Assumption Documentation Template: structured format for listing, justifying, and supporting all calculation inputs
- Daubert Compliance Checklist: requirements verification for federal and state expert admissibility standards
- Multi-Period Calculation Workbook: template with formulas for isolating damages across time periods and documenting causation
- Expert Report Outline: recommended structure for presenting calculations with assumptions, methodology, and rebuttal sections
Who It's For
- Forensic Accountants — providing expert testimony and damage calculations in litigation matters
- Litigation Support Specialists — quantifying economic harm and preparing defensible analysis for attorneys
- Trial Consultants — reviewing damage calculations and preparing experts for cross-examination
- In-House Counsel — evaluating damage exposure and assessing expert report quality in litigation defense
- Accounting Experts — building admissible damage calculations for commercial disputes, employment cases, or IP litigation
Best For
- Calculating lost profits and revenue damages in business interruption cases
- Quantifying lost wages and earning capacity in employment litigation
- Structuring complex multi-period damage analyses with causation documentation
- Preparing rebuttal expert analysis against opposing damage calculations
- Formatting damages calculations to meet Daubert and state expert admissibility standards
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