‘The Assessment of Economic Loss’, by Maurice Nussenbaum, published in D.O. Actualité No. 39 of 28 September 2017
The assessment of economic loss is based on an economic and financial approach. It involves analysing both past events and future expectations, and consists of comparing the actual situation with the normal or counterfactual situation in order to determine the losses incurred and the loss of earnings. This assessment is a matter for expert opinion but must be validated by the judge, who alone can decide what could legitimately have been expected.