How to recover lost profits

In Russian legal activity, the most acute and complex is the issue of recovering lost profits. The legislation recognizes the right to recover lost profits and even gives a definition to this term, but in practice it can be very difficult to prove that a person has not received profit in connection with the circumstances of the case.

You will need

• - assessment of lost profits;

• - statement of claim.

Instruction manual

1

Make an expert assessment of the amount of lost profits. If we are talking about the short supply of goods at the enterprise, divide the volume of short delivery products by the rate of its consumption. If, due to the circumstances, the company did not work, multiply the daily productivity of the company by the number of days that the company did not work.

2

If due to improper work of the defendant caused a change in the range of goods, calculate the amount of lost profit in the form of the difference between the estimated profit and the benefit that the company actually received.

3

Gather information about the company's performance, its capacity, labor resources, and transportation. Gather information about orders that the company did not fulfill due to improper fulfillment of the obligations of the future defendant, while losing part of the income.

4

Make a statement of claim to court. In it, indicate what circumstances affected the loss of profit, who caused the loss of income, what documents can confirm this.

5

Hire an experienced lawyer and calculate the amount of the claim with him, based on expert opinion. To help prove your lost profit, use the services of specialists who have extensive experience in this matter. You can make an expert assessment several times and choose the best option for yourself.

note

When contacting experts to assess lost profits, keep in mind that each specialist has his own methodology for determining lost profits and calculations can differ significantly.

Useful advice

When calculating, be sure to take into account seasonal fluctuations in prices, emergency circumstances that could affect production.