Accident victims often face property damage, personal physical injury, costly ongoing therapies, and dramatic changes in the ways they live and work. 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.
Employees sometimes allege they have been inappropriately terminated due to discrimination (for issues ranging from age, race, religion, sexual orientation, nationality, or gender) or retaliation for being a whistleblower or unwilling to commit an illegal act.
Because of our extensive experience in this area, we are cognizant that the amount of recoverable damages, as opposed to alleged damages, is determinative of the outcome of litigation. Consequently, 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.
Our Experience
Marcum provides comprehensive financial analysis and damage calculations related to claims arising in these matters. We have experience working with both Plaintiffs' and Defendants' counsel in such claims and our calculations have been used in both mediation and arbitration settings. A careful review of the reports of other experts often helps lead to a reasonable settlement, thus avoiding the costs of trial.
Matters in which we have been involved include hourly employees, salaried individuals, independent contractors, business owners, students with future prospects of employment, and children. Services provided include preparation of document requests, review of case documents, preparation of questions for depositions of opposing parties and opposing parties’ experts, employment and industry research, preparation of concise and understandable trial exhibits, and deposition and trial testimony.
Types of Cases
Our experts seek to make the complex financial, accounting, or business concepts or terms clear and easy to understand. We are asked to testify in federal and state courts, and in arbitration and mediation forums.
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.
- Insolvency.
- Lender liability.
- Antitrust.
- Construction damages.
- D&O liability.
- Mismanagement and fraud of corporate assets.
- Loss in value.
- Collateral valuations for equity purposes.
Damage Determination Services
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.
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