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Perspective

Apr. 8, 2011

Factoring Risk Into the Measurement of Damages

Estimating future lost profits is no easy task. By Mark J. Phillips of Goldfarb, Sturman & Averbach and Michael J. Phillips.

By Mark J. Phillips and Michael J. Phillips

To be awarded lost profits, a plaintiff must prove to a reasonable certainty that such profits would have occurred but for the actions of the defendant. For purposes of calculation, the timing of lost profits generally falls into two categories: profits lost between the date of breach and the date of judgment, and profits lost from the date of judgment until either a specified date in the future or into perpetuity.

The fi...

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