Damages Part 2

In our last blog, we talked about the concept of damages and how damages are calculated. This blog will spend a little time on the process of the trial, or trials.

In some liability cases, the case is bifurcated, which means “divided in 2 parts.” A bifurcated case is divided into two parts: 1) a liability phase and then 2) a damages phase. If the liability phase finds the defendant did not commit any wrongdoing, then there are no damages, and therefore, no need for the second part of the case to proceed, the damages part.

If the liability phase results in the defendant being found to have committed some wrongdoing, then there is another trial or hearing to determine how much money should be given to the plaintiff to make the plaintiff whole, or, how much should be paid in damages.

We at Rosenfarb LLC calculate the amount of money or damages. That’s all we do. We do not have an opinion on whether or not there’s been any wrongdoing on the part of the defendant, except in the case of accounting malpractice. In accounting malpractice cases, in addition to calculating damages, we have an opinion on whether or not the accountants did or did not do anything wrong because we’re accounting liability experts as well as financial damages experts.

Other than accounting liability cases (and most of our cases are other than accounting liability cases), we have no opinion on whether or not the defendant did anything wrong. We assume that the defendant did something wrong, even when we represent the defendant. Even when the defendant swears up and down that:

•He didn’t do anything wrong
•He didn’t breach the agreement
•He didn’t tell a lie to anybody
•He didn’t compete

When we are the defendant’s damages experts, we assume that the defendant did the wrong that the plaintiff alleges he did because if he didn’t do anything wrong, there are no damages and therefore, there would be no damages for us to calculate. Sometimes we find that even if there was wrongdoing, there still are no damages.

In bifurcated cases, the first trial determines whether the defendant is liable. If the answer is no, there are no damages. If the answer is yes, we proceed with calculating the amount of damages due to the plaintiff.

At Rosenfarb LLC we produce well-supported, well-reasoned and well-communicated damage calculations that withstand the rigors of litigation. We are a firm of forensic accounting and valuation experts. We understand business, have keen insights and always connect the dots. We understand the litigation process. We frame the issues simply and in alignment with the litigation strategy. We use logic to support our opinions, while creating compelling stories. We are sincere, professional and credible. We are accounting experts with legal acumen.

Rosenfarb LLC
Phone: (855) 415-1100
Info@Rosenfarb.com
www.rosenfarb.com