How to deal with post-trial loss of working capacity claims?

The easiest situation to deal with is the claim for pre‑trial loss of working capacity. If the plaintiff has actually continued to work since the accident, there will be no past loss of earnings. So if the plaintiff has not lost his or her job prior to trial, it is irrelevant that, theoretically, he or she would have had trouble finding a new job if he or she had. Pre‑trial losses either occur or they don't. Since the loss is empirically and subjectively measured, the plaintiff cannot be heard to say that he or she was somehow less competitive, even though he or she has worked. There is no claim for "loss of competitive advantage" pre‑trial, only a claim for lost earnings. Athey v. Leonati 1996 CanLII 183 (SCC), [1996] 3 S.C.R. 458, at paras. 28, 41 Post‑Trial Loss of Working Capacity