Getting a verdict in your favor in a business litigation case does not necessarily mean that you are the winner. An objective view of who won and who lost requires an analysis of the final award. A plaintiff’s verdict is a Pyrrhic victory if it is not accompanied by a damages award that fairly compensates the plaintiff, or an injunction that provides the remedy sought by the plaintiff. In other words, the defendant could lose the case, but win the war. At the end of the day, business litigation is about money. If the final award does not translate to money in your pocket, you lost.
Proving business losses is complicated. Unlike a personal injury case where a jury may simply pick an amount to fully compensate the injured plaintiff, most business disputes require more precise proofs, sometimes to be provided by an expert witness. In some cases, financial damages are not the best remedy, and the plaintiff will be better suited seeking an injunction to prevent irreparable harm.
The analysis of selecting the best remedy and procuring the necessary proofs to prevail starts at the beginning of the case. The strategy involved in making these decisions is as important as any other strategic decision to be made in the case. It makes the difference between winning and losing in the truest sense of those words.