A recent 5th Circuit Court ruling reaffirms that earning capacity and lost wages are distinct concepts, and that an economist’s experience-based methodology can satisfy reliability standards even without a post-injury earnings comparison. The author discusses the case. A recent 5th Circuit Court ruling reaffirms that earning capacity and lost wages are distinct concepts, and that an economist’s experience-based methodology can satisfy reliability standards even without a post-injury earnings comparison. Forensic economists who calculate damages in personal-injury matters routinely confront a recurring defense playbook: attack the expert’s assumptions, demand a side-by-side comparison of pre- and post-injury earnings, and argue that anything…