Arizona Personal Injury Law Glossary

Affidavit
A written statement made under oath, used as evidence in a personal injury case.
Alternative Dispute Resolution (ADR)
A process for resolving disputes outside of court, including mediation and arbitration.
Assumption of Risk
A defense in personal injury cases where the plaintiff knowingly exposed themselves to a dangerous situation.
Attorney-Client Privilege
A legal principle that keeps communications between a lawyer and their client confidential.
Burden of Proof
The obligation to prove one’s assertion in a legal case, typically resting on the plaintiff in personal injury cases.
Claimant
An individual who files a claim for damages in a personal injury case.

Comparative Negligence

A rule in Arizona that reduces the amount of damages a plaintiff can recover based on the degree of fault assigned to them.
Compensation
Monetary payment awarded to an injured party to cover medical expenses, lost wages, and other damages.
Contingency Fee
A fee arrangement where a lawyer is paid a percentage of the settlement or award if the case is won.
Contributory Negligence
A defense in personal injury cases where the plaintiff’s own negligence contributed to their injury, potentially reducing their compensation.
Damages
Compensation awarded to a plaintiff in a personal injury case, including economic, non-economic, and sometimes punitive damages.
Defendant
The party being sued in a personal injury case.
Duty of Care
A legal obligation to exercise reasonable care to avoid causing harm to others.
Economic Damages
Compensation for monetary losses such as medical bills, lost wages, and property damage.
Expert Witness
A professional with specialized knowledge who provides testimony in a personal injury case to support the claims of either party.
Filing a Complaint
The initial step in a lawsuit, where the plaintiff formally submits their claim to the court.
Injury
Harm or damage to a person, which can be physical, emotional, or psychological.
Insurance Adjuster
A representative of the insurance company who investigates and assesses the value of a claim.
Intentional Tort
A wrongful act done on purpose that causes harm to another person, such as assault or fraud.
Legal Precedent
A prior court decision that serves as a rule for future cases with similar issues or facts.
Liability
Legal responsibility for an accident or injury. In Arizona, proving liability is crucial in a personal injury case.
Liability Insurance
Insurance that covers legal responsibility for injuries or damages to another party.
Mediation
A process where a neutral third party helps the plaintiff and defendant reach a settlement agreement.
Medical Malpractice
Negligence by a medical professional that results in injury or harm to a patient.
Mental Anguish
Emotional suffering caused by an injury, for which a plaintiff may seek compensation.
Motor Vehicle Accident
An accident involving one or more vehicles, often leading to personal injury claims.
Negligence
The failure to exercise reasonable care, resulting in harm or injury to another person. Negligence is a key concept in personal injury law.
Negligent Infliction of Emotional Distress
A legal claim for emotional suffering caused by the defendant’s negligent conduct.
Non-Economic Damages
Compensation for non-monetary losses such as pain and suffering, emotional distress, and loss of companionship.
Occupational Injury
An injury that occurs in the workplace, often leading to a workers’ compensation claim.
Out-of-Court Settlement
An agreement between the plaintiff and defendant to resolve a case without going to trial.
Pain and Suffering
The physical and emotional distress resulting from an injury, which may be compensated in a personal injury case.
Partial Fault
A situation where both the plaintiff and defendant share some responsibility for the injury.
Personal Injury
Physical or emotional harm caused by someone else’s negligence or intentional act.
Personal Injury Protection (PIP)
Insurance coverage that pays for medical expenses and lost wages, regardless of fault, after an accident.
Plaintiff
The party who initiates a lawsuit by filing a complaint against the defendant.
Post-Traumatic Stress Disorder (PTSD)
A mental health condition triggered by a traumatic event, for which a plaintiff may seek compensation.
Premises Liability
Legal responsibility of a property owner for injuries sustained by individuals on their property.
Product Liability
Legal responsibility of a manufacturer or seller for harm caused by a defective product.
Proximate Cause
A primary cause of an injury, without which the injury would not have occurred.
Punitive Damages
Additional damages awarded to punish the defendant for particularly reckless or malicious conduct in a personal injury case.
Settlement
An agreement reached between the plaintiff and defendant to resolve a personal injury case without going to trial.
Statute of Limitations
The time limit within which a plaintiff must file a personal injury lawsuit in Arizona, typically two years from the date of the injury.
Strict Liability
A legal doctrine holding a party responsible for damages without the need to prove negligence or fault.
Subrogation
The right of an insurance company to pursue a third party that caused an insurance loss to the insured.
Third-Party Claim
A claim filed by an injured party against someone other than their own insurance provider.
Tort
A civil wrong that causes harm to another person, for which the injured party may seek compensation in a personal injury lawsuit.
Trial
A formal examination of evidence in court to determine the outcome of a personal injury case.
Underinsured Motorist Coverage
Insurance that provides coverage when the at-fault driver’s insurance is insufficient to cover the damages.
Uninsured Motorist Coverage
Insurance that provides coverage when the at-fault driver does not have insurance.
Vicarious Liability
Legal responsibility assigned to one party for the actions of another, such as an employer being liable for an employee’s actions.
Workers’ Compensation
Benefits provided to employees who suffer work-related injuries or illnesses, regardless of fault.
Wrongful Death
A legal claim that arises when someone dies as a result of another person’s negligence or intentional act.