A 'buffer' is properly an award for contingent loss in the future which may or may not occur (a loss of a chance as described in [name withheld] v J C Hutton Pty Ltd), and should not be used to describe an award for past economic loss which is properly characterised as loss of earning capacity. When assessing future economic loss, the court must account for the chance that anticipated remedial surgery may not succeed and the cumulative effect of the subject injury added to pre-existing disabilities. A trial judge must also account for future domestic assistance needs arising from anticipated future surgery.
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