Developing a Reliable and Valid Process for Estimating Post-Injury Earning Capacity: Part I (the Problem)

In forensics, arriving at opinions of lost earning capacity is one of the most important aspects of specific damage analysis proffered by a vocational expert (VE) and calculated by a forensic expert (FE). For about four decades, models have been developed of what to include in such an analysis. This article is the first in a two-part series examining existing models and procedures used in the United States and internationally of how to arrive at a fair and precise conclusion of earning capacity, as well as the drawbacks of present analyses. In Part II, the authors will introduce a new model with components absent from present models to maximize precision and minimize bias in the process of assessing lost earning capacity.