When it comes to litigation, the difference between success and failure can often depend on the strength and presentation of your facts. The more concrete and specific your facts and data are, the more persuasive your argument will be. Having an experienced and knowledgeable forensic accounting team can often be vital to litigation success.
At Smolin Lupin, we have experience supporting attorneys and their clients in a wide range of litigation. We dig into the facts of the case to provide clarity and transparency on the issues at hand. We offer support out of the courtroom, take the stand to provide expert testimony, assist you with cross examination.
Our litigation support team members are trained to handle the rigors of expert testimony. They know how to present the pertinent facts in a clear and coherent manner. They have experience dealing with cross-examination and are skilled at answering questions with professionalism and authority.
Some of the areas in which we’ve provided litigation support are:
Breach of Contract Damages
Often in breach of contract cases, the question isn’t whether the contract was breached, but rather how much a party was harmed by the breach. We can analyze the nature of the alleged breach and how it impacted a business or individual. We then calculate the loss associated with the breach and provide all of the necessary documentation to back up that calculation in court. We help plaintiffs justify their pursuit of damages or help defendants fight back against excessive damages claims.
In disputes involving a closely held business, the issue at hand may involve the business’s valuation. Finding a value of a closely-held business can often be more art than science. There are multiple methods available for valuing a business. Our job is to calculate the value of the business as accurately as possible based on the information available applying the appropriate standard.
During litigation proceedings, we can discuss our valuation models in detail and defend them against criticism or attack. We have extensive experience valuing businesses and understand the common questions that arise in that process. We’re always prepared to answer questions and provide our clients with professional, authoritative valuation support.
Damages from construction claims can often be tough to calculate with precision. What exactly is driving the damages claim? How was the amount calculated? What were the actual damages, if any? Whether we represent plaintiffs or defendants in a construction claim, we work to find an accurate damages amount that is clearly supported by logic, fact and law.
Fraud and Defalcation
Fraud can have severe consequences for a business. When it happens, it’s often vital for the company to recoup as much of the money as possible. By the same token, defending against a fraud claim can also be a complex and stressful ordeal.
Regardless of which side we’re on, we work to reconstruct the alleged fraud and determine just how much damage it may have done. We can present that reconstruction in court to help our clients advance their arguments. We also assist businesses in setting up systems and controls to prevent future frauds.
Insurance claims often involve many damages that are difficult to precisely value or substantiate. Damages resulting from death, pain and suffering and inability to work can be influenced by a number of factors. On the defendants’ side, we help assess and evaluate a claim based on the documentation provided by the plaintiff. We scrutinize and question everything and then present our own data and analysis to show why the claims may be excessive.
A forensic accountant can be a valuable asset during marital dissolution litigation. Some assets, like closely held businesses, foreign investments and unqualified benefit plans, may not be easy to value. There are usually disputes about income and lifestyle, which can heavily influence the amount of support that’s awarded.
We can dig into each spouse’s financial records to find hidden assets, forecast expected income and determine value of the business assets. We can also testify in court, negotiation or in mediation to support our clients’ arguments and reach optimal outcomes.
Even the best business partners can find themselves in court against each other. Often, the disputes are centered on issues that are hard to ascertain, such as business valuation, each partner’s contribution and income that should have been distributed.
We analyze the situation and review the business documents to come up with an estimate of how the alleged incidents financially oppressed each person involved. We also value the business and other pertinent assets to determine the appropriate buyouts.
Product Liability Damages
A defective product can have serious consequences. For plaintiffs, it could lead to serious injury, illness or even death. The damages associated with those issues may be difficult to calculate. For instance, pain and suffering can’t be objectively valued. Loss of future income is also difficult to peg with the appropriate standard of accuracy and probability.
On the defense side, it can be stressful to fight an unwarranted product liability claim. The plaintiff could request damages that seem excessive in relation to the alleged incident. Our team can analyze the plaintiff’s damages, provide a review and critique of the approach and the conclusion and calculate our own estimate of the correct amount. You can then use that information to strengthen you case in negotiations or in trial.
Professional Malpractice and Damages
Often, the damages from an alleged malpractice event aren’t known until years down the road. A patient may suffer recurring injuries or illness long after the malpractice took place. They may need additional treatment later in life that’s difficult to project at the time of litigation.
We evaluate malpractice claims to estimate what financial damages a plaintiff incurred. How much income will they lose? To what extent it should be mitigated? We work with both plaintiffs and defendants in the negotiation and litigation processes.
When shareholders feel that they’ve been wronged, they often have no recourse but to pursue litigation. However, proving misdeeds can be difficult, as can justifying the desired amount of damages. We work with shareholders and their attorneys to calculate the damages suffered by management misconduct.
We also work with the attorneys for companies who have been wrongly targeted in shareholder litigation. We help dig into the details of the allegations to see whether any financial damages were actually incurred.
We’re happy to consult with you on any of these issues and more. We can do anything from reviewing documents and providing an opinion, to taking the stand in court. Contact us today to learn how we can support your litigation efforts.