A plaintiff claiming future economic loss for a minor but progressive injury must establish both that earning capacity is diminished and that the diminution is or may be productive of financial loss (Medlin). Where the risk of financial loss is real but low, a modest global award under Malec principles may be appropriate. Where the threshold requirements of Medlin are not met, the appropriate remedy may be augmentation of the injury scale value for general damages rather than an award for future economic loss. A failure to state methodology under s 55(3) of the Civil Liability Act 2003 (Qld) constitutes an error of law warranting appellate intervention.
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