Marcum has extensive experience assisting counsel and their clients in evaluating and calculating damages in complex commercial and personal injury litigation. We have developed proven methodologies and economic models for purposes of quantifying damages.
Because of our extensive experience in this area, we are aware that the amount of recoverable damages, as opposed to alleged damages, determines the outcome of litigation. Our professionals are familiar with causation issues and work closely with counsel to ensure that our damages calculations are performed in accordance with applicable rules, regulations and case law in the particular jurisdiction in which the matter is being litigated.
Our Litigation Support practice provides services to counsel for plaintiffs and defendants in a variety of areas, including consulting with clients and counsel on all phases of litigation from discovery through trial, providing oral and written testimony as opinion, rebuttal, and/or fact witnesses, conducting interviews and fraud investigations as well as serving as independent arbitrators. Our professionals have experience providing valuable insights and credible testimony in litigation, alternative dispute resolution and investigations.
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Our litigation support specialists are skilled at preparing counsel and providing administrative support to attorneys through document management, database creation, and preparation of trial exhibits. We use our forensic accounting skills, valuation expertise, financial modeling experts, and litigation support specialists to apply to an economic damage case. Our commercial damages specialists have assisted their counsel in a wide variety of industries including manufacturing, distribution, retail, health care, financial services, and technology.
Our damage determination services provide:
- Early assessment of potential damages to assist counsel and clients in evaluating the cost/benefits of potential litigation.
- Key documents and other sources of information relating to damages.
- Support in deposing key fact witnesses and opposing experts.
- Alternative evaluations of damage calculations.
- Critique and analysis of the opposing expert's damage calculations and report.
- Computer models, computer-generated illustrations, and other trial exhibits.
- Prepare damage calculations, expert reports, and provide expert testimony.
- Evaluations of settlement proposals by opposing party.
Our specialists can provide expert testimony and support counsel in a variety of ways, including preparation of financial affidavits, income analysis, lifestyle analysis, valuations, asset tracing or discovery assistance. We frequently prepare mediation and trials exhibits, and provide tax advice and financial planning both during and after the resolution of the case.
As consultants or testifying experts we can help determine damages in a variety of cases, including:
- Breach of contract.
- Breach of fiduciary duty.
- Fidelity bond and other insurance claims.
- Intellectual property infringement.
- Personal injury.
- Employee wrongful termination.
- Lender liability.
- Construction damages.
- D&O liability.
- Mismanagement and fraud of corporate assets.
- Loss in value.
- Collateral valuations for equity purposes.