Where earning capacity has been reduced but its extent is difficult to assess, the absence of precise evidence of relevant earning rates does not confine the plaintiff to nominal damages; the trier of fact must form a discretionary judgment within broad parameters. The conventional 15% vicissitudes discount in NSW is a starting point that may be departed from where the plaintiff's individual characteristics (such as exceptional drive and determination) justify a lower figure. Written schedules of damages may be provided to juries in civil personal injury trials where they serve as helpful summaries.
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