Duration Of Damages: Can Lost Profits Continue Forever?
Law360, New York ( March 11, 2013, 1:54 PM EDT) -- If a business is financially harmed, but not ruined, by the acts of another party, it may seek damages based on some measure of lost profit. But for how long? While some aspects of a damages opinion may be accepted based on an expert's professional judgment, when it comes to the duration of damages, triers of fact will likely view the debate pre-armed with their own perceptions of how one recovers from "trauma." Consequently, an expert offering an opinion that financial harm will continue well into the future should consider the potential hesitancy of a judge or jury to award uncertain, long-term future damages. Failure to do so may reduce the degree of credibility given to an otherwise defensible damages analysis....
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