It is clear that the plaintiff has suffered increased pain and discomfort, along with a decrease in earning potential, since the 2002 accident. The accident is not the sole cause of these issues; however it has clearly contributed to them. I am satisfied on a balance of probabilities that her general damages for pain and suffering arising from injuries suffered in the 2002 accident should fall in the upper middle range of the Smith v. Stubbert scale. In addition, I am satisfied that the plaintiff has suffered a degree of diminished earning capacity as a result of the 2002 accident, albeit one that is virtually impossible to quantify and is best treated as an aspect of her claim for general damages.
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