Forensic accounting
Economic damages calculation support
Economic damages calculation support from Finbryn builds the lost-profits workpapers behind a US claim: a but-for scenario grounded in the business's own financial history, a damages period isolated from unrelated results, and an assumptions log stating every judgment call. A senior reviewer reviews the model before it reaches counsel.
Management report
Illustrative client ยท August 2026
USD
| Line | Aug | Jul | |
|---|---|---|---|
| Revenue | 142,380 | 131,904 | +10,476 |
| Cost of sales | (51,260) | (48,115) | (3,145) |
| Gross profit | 91,120 | 83,789 | +7,331 |
| Payroll | (46,300) | (45,900) | (400) |
| SoftwareNoted | (6,480) | (5,490) | (990) |
| Rent | (8,000) | (8,000) | 0 |
| Other operating | (9,215) | (9,870) | +655 |
| Net income | 21,125 | 14,529 | +6,596 |
Reviewer's note
Software is up on last month after two seats were added mid-month. Revenue includes one milestone invoice that will not repeat next month.
Illustrative. An example of the document, not a client's figures.
A lost-profits number that shows up in a demand letter or a complaint has to survive more than one reading. Opposing counsel will read it looking for the weak assumption. A judge deciding a Daubert-style motion will read it looking for a methodology, not a guess. And a jury, if the matter gets that far, will read it looking for something they can actually follow. Economic damages calculation support is the workpaper layer underneath that number: the historical financial data it is built from, the but-for scenario it produces, and the log of every judgment call made along the way.
We start from what actually happened financially before the event at issue, usually two to three years of statements, tax returns, and internal reports, more where the business is seasonal or was already on a growth trajectory. From that base we build a but-for scenario: what the business would likely have earned had the breach, the tort, the termination, or the other triggering event not occurred. That is different work from bookkeeping or a tax return. It is closer to financial modeling, done backward, anchored to records instead of assumptions about the future.
Two things separate a damages calculation that holds up from one that gets picked apart in a deposition. First, the damages period has to be isolated cleanly, so a slow quarter that had nothing to do with the event at issue never gets swept into the number. Second, every assumption, a growth rate, a margin figure, a decision about which costs move with revenue and which do not, has to be written down in an assumptions log delivered with the calculation, not buried inside a spreadsheet formula. We build both into the deliverable from the start rather than reconstructing them under pressure once opposing counsel asks.
This work sits alongside two other pieces of the file. Where the loss runs through an insurance policy rather than a lawsuit, the mechanics overlap heavily with business interruption claim accounting, and the finished calculation typically becomes one exhibit inside a broader set of litigation support schedules prepared for the same matter. If the matter reaches the point where someone needs to testify to the number, that is a separate, credentialed role, and we coordinate with whoever holds it rather than stepping into it ourselves.
What is included
An economic damages engagement produces a but-for financial scenario, a damages-period schedule isolating the window at issue, an assumptions log stating every judgment call in plain language, and supporting exhibits tying each figure back to a source document, a bank statement, a general ledger entry, a signed contract, a prior filing. Where the claim has more than one component, lost profits on one product line and increased costs on another, for example, we build each component separately and then roll them into a single summary schedule so counsel can see both the total and the pieces underneath it. Revisions as the case develops, a new document surfaces, opposing counsel's expert report narrows the dispute, are turned around against the matter's own timeline rather than a generic monthly cycle.
How the process works
We start with a scoping call covering the claim, the event date, the records available, and the deadline, ideally with the attorney of record on the line so the scope matches what the matter actually needs. From there we collect the pre-event financial history, reconcile it to bank and tax records where possible, and build the but-for projection using documented growth and cost trends rather than a round number. The damages period gets isolated next, bounded by the specific dates the event affected, not the surrounding quarters. The assumptions log is written alongside the model, not after it, so nothing gets reverse-engineered to justify a number after the fact. A senior reviewer reviews the full package, model, schedules, and log together, before it goes to counsel, and we stay available for revisions as the matter proceeds toward a filing, a mediation, or a trial date.
Who this is for
Attorneys retained on a breach of contract, business tort, wrongful termination, or non-compete matter who need the financial side of a damages claim built or checked before it goes into a filing or a settlement demand. Business owners pursuing or defending a claim who need an accountant's version of the number rather than a rough internal estimate. Insurers, mediators, and in-house counsel who need a neutral calculation both sides can examine line by line. We do not offer an opinion on whether the underlying claim has legal merit, and we do not testify; where the matter needs a testifying expert, that role sits with a credentialed partner or counsel's own retained expert, and we build the workpapers that person relies on.
Common problems we fix
Businesses come to this engagement in different states of readiness, and most of the friction shows up in the same handful of places every time. A pre-event set of books that will not reconcile to the bank statements undermines the whole baseline before the but-for model even starts. A damages period that quietly bleeds into an unrelated slow season inflates or deflates the number depending on which way it drifts. A single company-wide average growth rate applied to a seasonal business produces a but-for projection that does not resemble how the business actually earned money. And a model built without a written assumptions log leaves every judgment call exposed the first time opposing counsel asks how a number was derived. We catch each of these during scoping and build the fix into the schedule from day one rather than patching it after a challenge lands.
Software and tools
The underlying bookkeeping usually lives in QuickBooks Online, Xero, or NetSuite, and we pull directly from whichever system the business already runs rather than asking for a re-export into something new. The but-for model itself is built in Microsoft Excel, formula-driven and fully auditable, since a damages calculation opposing counsel cannot trace line by line is a damages calculation that invites a challenge. Where the underlying transaction population is large, thousands of invoices or payment records across several years, we use CaseWare IDEA to test and summarize the data before it feeds the model. Finished exhibits are exported to the format counsel needs for a filing or a mediation binder, typically PDF schedules cross-referenced to the underlying Excel workpapers.
What it costs
Damages calculations are scoped and quoted individually rather than priced off a flat menu, since a single lost-profits schedule for a small business dispute and a multi-component calculation spanning several product lines and years are genuinely different pieces of work. Our US rate card covers recurring bookkeeping and advisory work; a damages engagement is quoted the way our Scale tier is quoted, after a scoping call that pins down the claim, the records available, and the deadline, so you have a number in writing before work starts rather than an open-ended clock.
Standing up to a Daubert challenge
Under Federal Rule of Evidence 702, an expert's methodology has to be reliable and the product of a defensible process, not just a credentialed person's say-so, and damages calculations are a frequent target for a motion to exclude on exactly that ground. We do not testify, but the workpapers we build are constructed the way a defensible methodology has to look on paper: a stated basis for every input, a documented reason for every adjustment, and a clear line from the raw financial records to the final number. When a testifying expert, whether one of our review partners or counsel's own retained expert, has to defend the calculation under cross-examination, the assumptions log and the source-document trail are what they defend from.
How we work
The process
- 1
Scoping call
We cover the claim, the event date, the records available, and the deadline, usually with the attorney of record, to fix the scope before any modeling starts.
- 2
Financial history collection
Two to three years of pre-event statements, tax returns, and internal reports are gathered and reconciled to bank and card records wherever possible.
- 3
But-for model build
Revenue and cost trends from the pre-event period are projected across the damages window, adjusted only for documented factors, never a target figure.
- 4
Damages period isolation
The window affected by the event at issue is bounded precisely, separating it from unrelated periods before and after.
- 5
Assumptions log
Every growth rate, margin assumption, and cost-classification decision is written down in plain language alongside the model, not reconstructed later.
- 6
Senior review
A senior reviewer reviews the model, schedules, and log together before delivery to counsel.
- 7
Revisions through the matter
Schedules are updated as new documents surface or the dispute narrows, on the case's own timeline rather than a fixed cycle.
Economic damages calculation support
Common problems we fix
The problem
How we fix it
- Pre-event books do not reconcile to the bank statementsWe reconcile the baseline first; a but-for model built on unreconciled books is unreliable before it starts.
- The damages period bleeds into an unrelated slow seasonWe bound the window to the specific dates the event affected, documented against the record, not a rough calendar quarter.
- A single average growth rate misrepresents a seasonal businessWe build the but-for projection on a seasonally adjusted or monthly basis rather than an annual average.
- The business was not yet profitable before the eventWe lean more heavily on documented projections and industry benchmarks and say so plainly in the assumptions log.
- No written record of why an assumption was madeWe write the assumptions log alongside the model, not after a challenge forces a reconstruction.
Pricing
Damages work does not fit a flat monthly tier. After a scoping call covering the matter, the time period at issue, and the deadline, we quote the engagement the way we quote any custom-scope matter, on the same footing as the Scale tier on our US rate card. You get a number in writing before work starts, not an open-ended clock.
Economic damages calculation support
Glossary
- But-for scenario
- A projection of what a business would likely have earned had the event at issue never happened, built from its own pre-event financial history.
- Damages period
- The specific window of time the event at issue actually affected, isolated from unrelated periods before and after it.
- Assumptions log
- A written record of every growth rate, margin figure, and cost-classification decision a damages model depends on.
- Causation versus quantification
- Whether the event caused the loss is a legal question for counsel; we quantify the size of the loss assuming causation is established.
- Mitigation of damages
- Steps a claimant took, or should have taken, to reduce the loss, which can affect how much of a calculated figure is recoverable.
Questions
Frequently asked questions: Economic damages calculation support
Do you offer an opinion on the legal merits of the damages claim?
No. We calculate the financial figures behind the claim; whether the claim has legal merit, and whether causation is established, is a question for counsel and the court.
What financial history do you need to build a but-for scenario?
At least two to three years of pre-event financial records, more if the business is seasonal or was already trending before the event at issue.
Can you calculate damages for a business that was not yet profitable?
Yes, though the calculation relies more heavily on documented projections and industry benchmarks, and the assumptions log becomes even more important to state clearly.
Who reviews the damages calculation before it is delivered?
A senior reviewer reviews the but-for scenario, the damages-period schedule, and the assumptions log before delivery to counsel.
Will you testify to the number in a deposition or at trial?
No. Testimony is a credentialed, testifying-expert role. We build the workpapers; if the matter needs testimony, that sits with one of our review partners or counsel's own retained expert.
How far back do the assumptions get documented?
Every material assumption behind the but-for model and the damages-period boundary is logged, so opposing counsel or the court can see exactly what the number depends on.
Can the calculation survive a Daubert-style challenge to methodology?
We build the workpapers the way a defensible methodology has to look on paper, a stated basis for every input and a clear line from the records to the final number, but we do not testify to it ourselves.
How quickly can a calculation be turned around?
It depends on how complete the pre-event records are and how many components the claim has; we give a specific timeline at the scoping call once we see the records.
Related services
- Forensic accountingBusiness interruption insurance claim accountingAccounting support for a business interruption claim: quantifying lost income against the policy period, reconciling it to the business's own records, and preparing the workpapers an adjuster will review.
- Forensic accountingLitigation support schedulesAccounting schedules prepared for counsel in a pending or active matter: transaction summaries, reconciliations and damages exhibits built to the standard a filing or a deposition requires.
- Forensic accountingExpert-witness supportPreparing the workpapers and exhibits a testifying expert relies on. We build the underlying analysis; testimony at a deposition or trial is given by a credentialed expert-witness partner, not by our accounting team.
Industries
- Professional servicesBookkeeping for professional service firms such as engineering, architecture and IT consulting billing clients by project or retainer.
- Construction and job costingBookkeeping for contractors and builders who need cost and profitability tracked by job, not just by month.
- Restaurants and multi-entity franchise groupsBookkeeping for restaurant groups and franchise operators running several locations or legal entities at once.
- ManufacturingBookkeeping for small and mid-size manufacturers tracking raw materials, work in process and finished goods inventory.
- Startups and VC-backed companiesBookkeeping and reporting for early-stage, venture-backed companies watching burn, runway and investor reporting closely.
Related guides
- BookkeepingCatch-Up Bookkeeping: How to Fix Months or Years of Neglected BooksHow to triage neglected books, the documents you need, how reconstruction works, what to prioritize before a deadline, and what drives the cost.
- BookkeepingHow to Design a Chart of Accounts (With SaaS and Ecommerce Examples)How to number and structure a chart of accounts, with worked SaaS and ecommerce examples and the mistakes that force a costly rebuild later.
Sources
- [1]IRS, How long should I keep records, September 2026
- [2]AICPA, Forensic and Valuation Services resources, September 2026
- [3]Finbryn US pricing, September 2026
Next step
Talk to the team that would run your books
A short call covers your setup, your software and what a first month would look like. You get a written scope and price after it.
Need this in writing? Download a one to two page scope sheet for Economic damages calculation support: what is included, the process, and where pricing lives.
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