A failure by a trial judge to state methodology under s 55(3) of the Civil Liability Act 2003 (Qld) does not necessarily invalidate a future economic loss assessment, but may cause the appellate court to scrutinise the award more closely. Where a trial judge finds that an injury is likely to cause intermittent pain, a failure to make any award for future special damages for medication and medical attendances is likely to constitute error. The threshold under s 59(1) for gratuitous care requires proof on the balance of probabilities that the claimant needed services solely by reason of the injury for at least six hours per week; evidence that household tasks were performed for the benefit of the whole household, without clear attribution to the claimant's needs, is insufficient.
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