KW Economics prepares lost profits analysis for fraud and embezzlement cases venued in South Carolina: what the loss claim consists of, the records that drive it, and a present value built to South Carolina damages rules and venues. Plaintiff and defense.
Beyond the amounts taken, a fraud or embezzlement can starve a business of working capital, cause defaults, or interrupt operations, and those consequential losses can exceed the direct loss. The economist quantifies the lost profits from the business's financial records, links each element to the diversion with the causal chain explained, separates the effect of the fraud from market conditions and other causes, and presents the consequential loss alongside the amounts traced so the two are not confused. Interest, penalties, and the cost of replacement borrowing are included where the records support them.
Lost profits and related commercial damages for contract, business-tort, and business-interruption matters. The analysis builds the but-for revenue and cost path from the company's own history, its market, and the terms of the disputed relationship, links each claimed loss to the conduct at issue, addresses mitigation, and reasons through the period of loss so the damages figure answers the causation question as well as the amount.
The direct loss is usually the amount traced through the records, and its size depends on how long the scheme ran and how far back the records permit reconstruction. Consequential losses can exceed the direct loss when the diversion starved a business of working capital or caused a default. Where the funds were used to acquire assets, tracing to those assets can support recovery from the assets themselves, which changes the practical exposure. The analysis states the amounts by year and by method so that partial findings and limitations are visible.
South Carolina courts ask whether the economist is qualified by training and experience, whether the opinion rests on a reliable basis, and whether it will assist the fact finder, under a reliability inquiry of the state's own that does not adopt the federal test. An economic damages report meets that inquiry by showing the published basis for each assumption and its application to the record.
Highest court: Supreme Court of South Carolina. Court system: sccourts.org.
Federal venues: District of South Carolina.
South Carolina reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the combined fault of the defendants. Prejudgment interest is generally limited to liquidated sums, such as an unpaid contract balance, and not awarded on unliquidated damages. Statutory limits apply to noneconomic damages in medical malpractice claims while economic damages are unlimited, so the economist's figure enters the case at its full present value, with the liquidated components identified separately.
We issue the final report and provide deposition and trial testimony and rebuttal of opposing damages models.
Beyond the amounts taken, a fraud or embezzlement can starve a business of working capital, cause defaults, or interrupt operations, and those consequential losses can exceed the direct loss. The economist quantifies the lost profits from the business's financial records, links each element to the diversion with the causal chain explained, separates the effect of the fraud from market conditions and other causes, and presents the consequential loss alongside the amounts traced so the two are not confused. Interest, penalties, and the cost of replacement borrowing are included where the records support them.
South Carolina courts ask whether the economist is qualified by training and experience, whether the opinion rests on a reliable basis, and whether it will assist the fact finder, under a reliability inquiry of the state's own that does not adopt the federal test. An economic damages report meets that inquiry by showing the published basis for each assumption and its application to the record. Fraud and Embezzlement cases venued in South Carolina are heard in the Circuit Court (General jurisdiction; larger civil cases, felonies; two divisions, Common Pleas for civil and General Sessions for criminal matters), with final appeals to the Supreme Court of South Carolina. Matters within federal jurisdiction proceed in the District of South Carolina.
South Carolina reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the combined fault of the defendants. Prejudgment interest is generally limited to liquidated sums, such as an unpaid contract balance, and not awarded on unliquidated damages. Statutory limits apply to noneconomic damages in medical malpractice claims while economic damages are unlimited, so the economist's figure enters the case at its full present value, with the liquidated components identified separately. The report presents past and future amounts separately, states every rate and table with its source, and shows the result under the alternatives the other side is likely to argue, so counsel can apply the South Carolina rules to a documented figure.
Request a consultation on Lost Profits or call (201) 343-0700. Plaintiff and defense counsel.