Can I claim economic loss damages in a common law claim?
• If you are certified as having a serious injury under the ‘quantitative test’ (i.e. an impairment rating of 30% or more), OR • If you can show that your earning capacity has been permanently reduced by at least 40 %. This involves will be a very complex assessment of the claimant’s earnings and earning capacity 3 years before injury and a claimant’s earning capacity (not just actual earnings) 3 years after injury.
