A claim for future economic loss based on impaired earning capacity does not require express medical evidence stating that earning capacity is impaired; such a finding may be made on all relevant evidence including lay evidence of the plaintiff and employer witnesses. Where a case is expanded at trial beyond the particulars without objection, the trial judge is entitled to act on the evidence given. A buffer award for future economic loss under s 13 of the Civil Liability Act 2002 (NSW) need not be supported by precise calculation but must bear some proportionate relationship to plausible calculations of diminished earning capacity.
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