As a litigation funder—a financial organization that invests in lawsuits—we review and monitor a number of commercial actions. And, all too often, we see plaintiffs fail to pursue the full extent of damages to which they may be entitled. They may rely on overly conservative or narrow expert opinions. They may focus myopically on certain categories of loss, while overlooking others. Or they may fail to properly pursue or maximize an award of prejudgment interest.
Litigation funders are well-positioned to assess the strengths and weaknesses of a broad spectrum of commercial cases, and we have seen plaintiffs in commercial lawsuits make each of these errors and consequently leave money on the table. This article explains how to avoid some of these pitfalls and maximize damages in commercial litigation.