501.4 Motor Vehicle Fault Threshold Instruction

501.4 Motor Vehicle Fault Threshold Instruction If your verdict is for (defendant)(s), you will not consider the matter of damages. But if the greater weight of the evidence supports (claimant)'s claim, you should determine and write on the verdict form, in dollars, the total amount of money that the greater weight of the evidence shows will fairly and adequately compensate (claimant) for the following elements of damage [to the extent that they have not been paid and are not payable by personal injury protection benefits], including damage that (claimant) is reasonably certain to incur in the future: a. Medical expenses: Care and treatment of claimant: The reasonable [value] [or] [expense] of [hospitalization and] medical [and nursing] care and treatment necessarily or reasonably obtained by (claimant) in the past [or to be so obtained in the future]. Care and treatment of minor claimant after reaching majority: The reasonable [value] [or] [expense] of [hospitalization and] medical [and nursing] care and treatment necessarily or reasonably to be obtained by (minor claimant) after [he] [she] reaches the age of (legal age). b. Lost earnings, lost time, lost earning capacity: When lost earnings or lost working time shown: [Any earnings] [Any working time] lost in the past [and any loss of ability to earn money in the future]. When earnings or lost working time not shown: Any loss of ability to earn money sustained in the past [and any such loss in the future]. c. Property damage: Any damage to [his] [her] [its] (identify automobile or other personal property). The measure of such damage is: [the difference between the value of the (name property) immediately before (incident complained of) and its value immediately afterward.] [the reasonable cost of repair, if it was practicable to repair the (name property), with due allowance for any difference between its value immediately before the (incident complained of) and its value after repair.] You shall also take into consideration any loss to (claimant) [for towing or storage charges and] by being deprived of the use of [his] [her] [its] (name property) during the period reasonably required for its [replacement] [repair]. You must next decide whether (claimant)'s [injury] [or] [disease], resulting from the incident in this case, is permanent. An [injury] [or] [disease] is permanent if it, in whole or in part, consists of: [(1) a significant and permanent loss of an important bodily function;] [or] [(2) a significant and permanent scarring or disfigurement;] [or] [(3) an injury that the evidence shows is permanent to a reasonable degree of medical probability]. If the greater weight of the evidence does not establish that (claimant)'s injury is permanent, then your verdict is complete. If, however, the greater weight of the evidence shows that (claimant)'s [injury] [or] [disease] is permanent, you should also award damages for [this] [these] additional element[s] of damage: d. Injury, pain, disability, disfigurement, loss of capacity for enjoyment of life: Any bodily injury sustained by (name) and any resulting pain and suffering [disability or physical impairment] [disfigurement] [mental anguish] [inconvenience] [or] [loss of capacity for the enjoyment of life] experienced in the past [or to be experienced in the future]. There is no exact standard for measuring such damage. The amount should be fair and just in the light of the evidence. e. Spouse's loss of consortium and services: On the claim brought by (spouse), you should award (spouse) an amount of money which the greater weight of the evidence shows will fairly and adequately compensate (spouse) for any loss by reason of [his wife's] [her husband's] injury, of [his] [her] services, comfort, society and attentions in the past [and in the future] caused by the incident in question.