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Tort Liability
The defendant must owe a legal duty to the victim, the defendant breached that duty, the breach was the cause of an injury to the victim, there must be an injury. In most cases, there must be a physical or financial injury to the victim, but sometimes emotional distress, embarrassment, or dignitary harms are adequate for recovery.
Noneconomic damages
Damages payable for items other than monetary losses, such as pain and suffering. The term technically includes punitive damages, but those are typically discussed separately.
Fibromyalgia
A pain disorder in which a person feels widespread pain and stiffness in the muscles, fatigue, and other symptoms.
Interrogatories
A form of discovery in which one party submits a series of written questions to the other party, and to which the latter is bound to answer under oath.
Subrogation
A process by which a third party is put in the place of a creditor so that the rights and securities of the creditor pass to that third person.
Causalgia
Pain, usually burning, that is associated with autonomic changes -- change in color of the skin, change in temperature, change in sweating, swelling. Causalgia occurs after a nerve injury.
Medical lien
The right of a hospital, doctor or health care provider to assert an interest in personal injury recoveries to the extent of the cost of the treatment or service provided.
Stipulation
An agreement, admission or concession made in a judicial proceeding by the parties or their attorneys, thus relieving a party of its obligation to produce evidence in support of an argument or allegation.
Comparative negligence
The doctrine of comparing degrees of fault among the responsible parties.
Discovery
The pre-trial process, such as a deposition, by which one party discovers the evidence that will be relied upon at trial by the opposing party.
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