Glossary
Arizona Legal Terms, Explained.
77 legal terms used in Arizona personal injury cases. Each term links to the relevant statute, related concepts, and practice areas.
Liability
Allocation of Fault The process of dividing responsibility among all parties whose conduct contributed to an injury, expressed as percentages that must total 100%. Breach of Duty A failure to meet the standard of care required by a duty. But-For Causation Cause-in-fact: would the injury have occurred 'but for' the defendant's actions? If the harm would have happened anyway, but-for causation isn't established. Comparative Fault A system that reduces a plaintiff's recovery in proportion to their share of fault for the injury. Duty of Care A legal obligation requiring people to act with reasonable care to avoid causing harm to others. Joint and Several Liability A doctrine that allows an injured plaintiff to recover the entire judgment from any one defendant, even if multiple defendants share fault. Negligence Negligence is the failure to act with the level of care that a reasonable person would use in the same situation. Negligence Per Se When a defendant violates a safety statute and that violation causes the injury the statute was designed to prevent, negligence is presumed without needing to argue what a reasonable person would do. Premises Liability The legal responsibility property owners have to keep their premises reasonably safe for visitors. Proximate Cause The legal cause of an injury. Pure Comparative Fault The Arizona rule that allows an injured plaintiff to recover damages even if they were more than 50% at fault. Respondeat Superior Latin for 'let the master answer. Standard of Care The level of care a reasonably prudent person or professional would exercise in the same situation. Strict Liability Legal responsibility for damages regardless of fault or intent. Vicarious Liability Holding one party legally responsible for the wrongful actions of another based on their relationship.
Damages
Collateral Source Rule A common law rule that prevents defendants from reducing damages by the amount of money the plaintiff received from independent sources (insurance, government benefits, etc. Compensatory Damages Money awarded to make an injured person 'whole. Economic Damages Quantifiable monetary losses caused by an injury. Eggshell Plaintiff The legal rule that a defendant takes the plaintiff as they find them. Future Medical Expenses Reasonably anticipated medical costs related to the injury. Letter of Protection A written agreement where a healthcare provider agrees to treat an injured patient and wait for payment from the eventual settlement, in exchange for a lien on the recovery. Loss of Consortium Damages for the loss of companionship, affection, sexual relations, and household services suffered by the spouse of an injured person. Loss of Earning Capacity Damages for the reduction in a person's ability to earn money in the future, separate from actual lost wages already incurred. Medical Lien A legal claim by a healthcare provider against the proceeds of a personal injury settlement to recover the cost of treatment provided to the injured person. Non-Economic Damages Subjective losses that don't have a clear dollar value. Pain and Suffering Compensation for the physical pain and emotional distress caused by an injury. Pre-Existing Condition A medical condition or injury that existed before the incident at issue. Present Value The current worth of a future sum of money, calculated by discounting future amounts to account for the time value of money. Punitive Damages Damages awarded to punish a defendant for especially harmful behavior and to deter similar conduct. Subrogation The right of an insurance company that paid for medical care to recover those payments from the at-fault party or their insurance.
Procedure
Arbitration A dispute resolution process where a neutral arbitrator hears evidence and issues a binding decision. Contingency Fee An attorney fee arrangement where the lawyer gets paid only if the client recovers money. Demand Letter A formal letter sent to an at-fault party (or their insurance) demanding compensation for injuries. Deposition A pre-trial sworn testimony taken outside of court, in the presence of a court reporter. Discovery The pre-trial phase where parties exchange information, take depositions, request documents, and serve interrogatories. Interrogatories Written questions sent from one party to another that must be answered in writing under oath. Mediation A voluntary settlement process where a neutral third party (mediator) helps both sides try to reach an agreement. Minority Tolling A rule that pauses ('tolls') the statute of limitations for minors. Notice of Claim A formal written notice required before suing a government entity. Settlement An agreement to resolve a legal claim without going to trial, typically involving payment in exchange for a release of all claims. Statute of Limitations The legal deadline for filing a lawsuit. Summary Judgment A court ruling that decides a case (or parts of it) without a trial because there are no genuine disputes of material fact.
Insurance
Bad Faith An insurance company's unreasonable denial, delay, or undervaluation of a valid claim. First-Party Claim An insurance claim filed by the policyholder against their own insurance company. Insurance Bad Faith (Arizona Standard) Arizona allows policyholders to sue their own insurer for unreasonable handling of a claim. Liability Insurance Insurance that covers damages an insured person becomes legally responsible for paying to another person. Medical Payments Coverage (Med Pay) Optional auto insurance coverage that pays medical bills for you and your passengers regardless of who caused the crash. Personal Injury Protection (PIP) No-fault auto insurance coverage that pays medical bills, lost wages, and related expenses regardless of fault. Policy Limits The maximum amount an insurance policy will pay for a covered claim. Third-Party Claim An insurance claim filed against another person's insurance company for damages they caused. Underinsured Motorist (UIM) Coverage Optional auto insurance that pays the gap when an at-fault driver's liability limits are too low to cover your damages. Uninsured Motorist (UM) Coverage An optional auto insurance coverage that pays for your injuries if you're hit by a driver who has no insurance.
Arizona Statutes
ARS 11-1025 (Strict Liability for Dog Bites) Arizona's dog bite statute. ARS 12-2505 Arizona's pure comparative fault statute. ARS 12-2506 Arizona's several liability statute. ARS 12-502 (Minority Tolling) Arizona statute that pauses the statute of limitations for minors and people of unsound mind. ARS 12-542 Arizona's two-year statute of limitations for personal injury and medical malpractice claims (wrongful death has its own statute, ARS 12-611). ARS 12-611 (Wrongful Death Liability) Establishes Arizona's wrongful death cause of action. ARS 12-612 (Wrongful Death Beneficiaries) Identifies who can bring an Arizona wrongful death action: a surviving spouse, child, or parent; if none survive, a surviving sibling; or the personal representative of the estate on behalf of the statutory beneficiaries. ARS 12-820 (Public Entity Definitions) Defines key terms for Arizona's public entity liability framework. ARS 12-821 (Public Entity Statute of Limitations) Arizona's one-year statute of limitations for actions against public entities and employees. ARS 12-821.01 (Notice of Claim) Requires a written notice of claim to be filed with a public entity within 180 days of when the cause of action accrues. ARS 13-3620 (Mandatory Child Abuse Reporting) Arizona's mandatory child abuse reporting statute. ARS 28-4135 (Mandatory Auto Insurance) Arizona's mandatory auto insurance statute. ARS 28-964 (Motorcycle Helmet Law) Arizona's motorcycle helmet statute. ARS 46-451 (Adult Protective Services Definitions) Defines abuse, neglect, exploitation, and 'vulnerable adult' under Arizona's Adult Protective Services framework. ARS 46-454 (Mandatory Vulnerable Adult Reporting) Requires certain professionals to report suspected abuse, neglect, or exploitation of vulnerable adults.
Practice-Specific
Attractive Nuisance A doctrine that holds property owners liable for injuries to children attracted onto the property by a dangerous condition (pool, abandoned car, machinery), even if the children were technically trespassing. Dram Shop Liability Legal responsibility of bars, restaurants, and other alcohol vendors for injuries caused by patrons they served while obviously intoxicated. Invitee A person on someone's property for a business purpose that benefits the property owner (a customer at a store, a guest at a hotel). Licensee A person on someone's property with permission for their own purposes (a social guest, a door-to-door salesperson). Mandatory Reporter A person required by law to report suspected abuse, neglect, or exploitation of children or vulnerable adults. Maximum Medical Improvement (MMI) The point at which an injured person's medical condition has stabilized and is unlikely to improve further with additional treatment. Social Host Liability Civil liability of a private host (not a licensed alcohol vendor) for serving alcohol to a guest who later causes harm. Trespasser A person on property without permission. Vulnerable Adult Under Arizona law, a person 18 or older who is unable to protect themselves from abuse, neglect, or exploitation due to a physical or mental impairment. Wrongful Death (Arizona) A civil action brought by certain family members when a person dies due to another's wrongful conduct.