| name | expert-report-on-damages |
| title | Expert Report on Damages |
| description | Generates a structured expert report on economic damages for U.S. commercial litigation. Produces Daubert-ready, FRE 702-compliant analyses covering lost profits, disgorgement, diminution in value, or reasonable royalty with full FRCP 26(a)(2)(B) disclosure. Use when the user needs a damages expert report, economic loss calculation, damages rebuttal, forensic accounting analysis, or expert disclosure for commercial disputes during discovery, pre-trial, or trial. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/expert-report-on-damages |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | litigation |
| language | en |
| tags | ["analysis"] |
Expert Report on Damages
Produces a Daubert-compliant expert damages report for U.S. commercial litigation with defensible methodology, transparent calculations, and full FRCP 26(a)(2)(B) disclosure.
Prerequisites
- Case materials — pleadings defining damages scope, interrogatory responses, deposition transcripts
- Financial records — income statements, balance sheets, tax returns, sales records, general ledger (3–5 years pre-wrongdoing minimum)
- Contracts — governing relationship, damages caps, limitations of liability
- Expert CV — credentials, certifications, prior testimony list
- Industry data — benchmarks, comparable company data, economic studies
- Discovery status — identify gaps upfront; missing records require disclosed limitations or range opinions
Report Structure
1. Title Page & Engagement Scope
- Retaining party, engagement date, specific questions presented
- Compensation statement: fees not contingent on outcome or amount
- Scope boundaries — what was and was not examined
2. Expert Qualifications (FRE 702 / Daubert)
| Element | Required Detail |
|---|
| Education | Degrees, institutions, dates |
| Certifications | CPA, CFE, CFA, ABV, CVA as applicable |
| Experience | Years in damages/forensic/valuation; matter types |
| Prior testimony | Case count, deposition vs. trial, jurisdictions |
| Publications | Peer-reviewed articles, conference papers, committee service |
3. Materials Reviewed
Itemized list of all documents, data, and testimony considered. Every item traceable to source.
4. Assumptions & Limitations
| # | Assumption / Limitation | Basis for Reasonableness |
|---|
| 1 | Accuracy of financial statements | Third-party preparation; management representations |
| 2 | Continuation of pre-breach trends | Historical performance data |
| 3 | [Case-specific] | [Support] |
Flag unavailable records, incomplete discovery, or destroyed documents. Explain how each gap affects certainty or requires a range opinion.
