No Fault Systems / Motor Vehicle / Workers Comp. / Harm to Commercial Interests / Injurious Falsehood

Question 1

What must a P prove in order to recover non-economic damages in a motor vehicle no-fault case?

Answer 1

1. Death
2. Serious impairment of a body function, or
3. Permanent Serious Disfigurement

Question 2

How much can you recover for economic damages in motor vehicle no fault?

Answer 2

Up to 3 years of lost earnings and up to $20 per day for three years for your replacement expenses

Question 3

How much can you recover for medical expenses in motor vehicle no fault?

Answer 3

No cap, but have to prove that they’re necessary and that the cost is reasonable

Question 4

What is the three-pronged test used to establish if a P has suffered from serious impairment of a body function?

Answer 4

1. An objectively manifested impairment
2. Of an important body function (subjective)
3. That affects the person’s general ability to lead his or her life

Question 5

What damages can you recover under workers compensation?

Answer 5

Can recover 60-80% of your wage benefits. No dollar cap on medical expenses but must prove they were reasonably necessary and that the cost was reasonable. No pain and suffering.

Question 6

What are the elements of injurious falsehood?

Answer 6

1. False Statement
2. Calculated to harm P’s pecuniary interest
3. Publication
4. Actual Malice
5. Special Damages

Question 7

What are the elements of tortious interference?

Answer 7

1. Intentional
2. Harmful
3. Interference with a
4. Contract or business expectancy by
5. Improper or wrongful means
   (barber case)