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.
- 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.
Comparative Negligence