High Court, in personal injuries proceedings, awards €45,000 in damages for significant soft-tissue injuries caused to plaintiff as a result of a high-speed road traffic collision in 2009, as well as €15,000 for past loss of earnings, but rejects plaintiff's 'totally unrealistic' future loss of earnings claim in the sum of €478,279 in circumstances where the plaintiff's own vocational assessor indicates that given his education attainment, the plaintiff is now in a good position to source employment.
Personal injuries - road traffic accident - high speed rear impact collision - liability not in issue - serious soft tissue injuries - myofascial pain syndrome - plaintiff unable to ever do heavy manual work again - loss of earnings claim as one-man construction company/self-employed - whether injuries consistent with plaintiff's complaints - whether injuries in fact relatively minor - treatment in first two years - PIAB form not signed by plaintiff - procurement of professional reports - evidence of plaintiff's treating doctors - evidence of consultant psychiatrist regarding plaintiff's diagnosis as suffering from an adjustment disorder - mitigation of plaintiff's losses - qualification as a physical therapist - scans of plaintiff's spine over the course of time - cross-examination of plaintiff's physicians - pain management programme - scope for recovery - day-to-day activities of plaintiff - vocational assessor - special damages claim for past loss of earnings - forensic accounting of figures put forth by plaintiff - claim for future loss of earnings - inappropriate for solicitors to refer clients for specialist examination - failure to call medical doctor to give evidence - assessment of general damages - pre-existing degenerative changes in plaintiff's spine - plaintiff delayed for 4 years in returning to treating doctor - award of €45,000 for pain and suffering - €15,000 for future pain and suffering - average earnings of plaintiff prior to accident - evidence of defendant's accountant preferred - €20,000 awarded - future loss of earnings claim totally unrealistic - insufficient medical evidence to establish that plaintiff will never work again - future loss of earnings claim rejected due to positive findings of vocational assessor.