Credit damages can be recoverable as a special injury

The issue of credit damages and whether they are speculative is the topic of this blog post.  As will be shown in this blog post losses from credit damage are not speculative.  This blog post is a guest blog post written by Georg Finder and is one of a series of guest blog posts on credit damages.

Losses resulting from credit damage are in fact a measurable form of special injury that lawyers are capable of recovering for their clients in appropriate situations.  In the past, the argument has been made that credit damage losses were too speculative and should therefore not be recoverable as a special injury.   The fact is that for over one hundred years courts all over the United States have recognized that damage to credit is a cognizable injury for which victims can and should recover.  For one of many examples see the case of Bell v. May Dept Stores Co., 6 S.W. 3d 871, 876 (Mo. 1999).  It is extremely important that all lawyers recognize damaged credit as an important part of their client’s injury.

Speculative damages are generally defined as those that are contingent on a future event or those deemed highly improbable.  Any reasonable attorney will understand that they cannot recover speculative damages.   As a result, to recover for loss of credit reputation lawyers must prove that some credit damage actually occurred. It must be further shown that the loss can be quantified into an actual dollar amount with reasonable certainty.

 The good news is that tools and experts exist in the field of credit damage to clearly explain to the trier of fact such as a judge or jury whether any credit damage has actually occurred and how much loss was likely suffered.  A sophisticated credit damage analysis uses quantifiable measurements to show compensable damage for loss of credit reputation.  The effective presentation of a thorough investigation of an individual’s credit situation before and after their injury provides a strong argument for recovery for credit reputation damage making it an important tool in preparation for trial and settlement negotiations.  

When a lawyer’s client has suffered credit damage it may be helpful to get in touch with an economic damage expert to conduct the necessary measurement. The nation’s pioneer in this area is Georg Finder.     Mr. Finder is the author of numerous books and has developed an easy to use credit Damage Measurement Report to help lawyers identify when credit damage may be at issue.  In addition, he has developed the California State Bar’s first MCLE seminar on credit damage.  Mr. Finder is available for consulting and expert witness services for lawyers.  Consider contacting George Finder through his website: Credit damage expert website.

Copyright Georg Finder 2014, all rights reserved.  Posted with the express permission of the author.

Georg Finder, an Orange County, CA, Credit Damage Evaluator (CDE), is an expert on credit reporting violations and credit damage measurement. He has more than 15 years experience evaluating credit reports and appearing for both plaintiff and defense.  Mr. Finder has authored numerous articles, including his upcoming book, Divorce credit smarter, not credit out-smarted. He is an MCLE provider on credit report issues and credit reputation damage compensation. Learn more about Georg Finder and his services at Credit damage expert website  

The creator and owner of this blog, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 300 sample legal documents for California and Federal litigation.

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