Structure of a Defensible Damages Report
A useful expert damages report lays out the underlying facts, the methodology used to analyze them, the data relied upon, and the conclusions reached, in a structure that anticipates scrutiny at every stage — written discovery, deposition, a Daubert or Frye motion, and trial. That means showing the work, not just stating a number: every figure needs to trace back to a data source and a clearly explained method, and every assumption needs to be stated explicitly rather than buried in a footnote or omitted entirely.
Clarity for a Non-Technical Audience, Without Sacrificing Rigor
I write these reports with the same principle I apply to all expert witness work: complex technical analysis has to be explainable in language a judge and jury can follow, without sacrificing the underlying technical accuracy that makes the analysis defensible in the first place. I also review the draft report with retaining counsel before finalization, specifically to identify and address any gaps before opposing counsel does.