In Russian legal activity, the most acute and complex issue is the recovery of lost profits. Legislation recognizes the right to recover lost profits and even defines this term, but in practice it is very difficult to prove that a person did not receive benefits due to the circumstances of the case.
It is necessary
- - assessment of lost profits;
- - statement of claim.
Instructions
Step 1
Make an expert estimate of the amount of lost profits. If we are talking about underdelivery of goods at the enterprise, divide the volume of underdelivery by the rate of its consumption. If, due to the circumstances, the enterprise was not working, multiply the daily productivity of the company by the number of days that the enterprise was not working.
Step 2
If, due to improper work of the defendant, it resulted in a change in the assortment of goods, calculate the amount of lost profit in the form of the difference between the estimated profit and the profit that the company actually received.
Step 3
Collect information about the performance of the company, its capacity, labor resources, transportation. Collect information about orders that the company did not fulfill due to improper fulfillment of the obligations of the future respondent, while losing part of the income.
Step 4
Make a statement of claim to the court. In it, indicate what circumstances influenced the loss of benefits, who caused the loss of income, what documents can confirm this.
Step 5
Hire an experienced lawyer and calculate the amount of the claim with him, based on the expert opinion. To help prove the loss of profits, 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.
