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The Impact of Different Conventions for Projecting Future Damages, Part I

The Legal Intelligencer

August 22, 2012

When calculating damages for future periods ? such as for lost profits, loss of income in wrongful death cases, etc. ? experts are often charged with expressing an opinion as to what would happen in the future but for the wrongful act. These projections typically rely upon either industry trends or on the historical operating results of the injured party. Four of the most commonly used projection conventions when relying upon the operating results of the injured party are: the mean, the median, exponential smoothing and regression analysis. This blog post will define each of these conventions and discuss the pros and cons of each.

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