Arizona · Personal injury · Trial-ready representation
A plain-language glossary of the legal terms that come up most often in Arizona personal injury claims — without the jargon.
A short, plain-English reference for the terms you’ll hear most often in an Arizona personal injury case. If something on your case isn’t on this list, ask your attorney — there are no dumb questions, and a 30-second explanation up front prevents a lot of confusion later.
The failure to use the level of care a reasonable person would use under similar circumstances. Most personal injury cases turn on whether the defendant was negligent.
The legal obligation one party owes another to act reasonably. Drivers owe other drivers a duty of safe operation; property owners owe lawful visitors a duty of reasonable care.
When a person doesn’t meet the duty of care — running a red light, ignoring a known hazard on their property, etc.
The link between the breach and the injury. The plaintiff must show that the breach was both a “but for” cause and a proximate (foreseeable) cause of the harm.
The losses you’re seeking to recover. Includes “economic” damages (medical bills, lost wages, future medical care) and “non-economic” damages (pain, suffering, loss of enjoyment of life).
Legal responsibility for causing harm. A party can be partially or fully liable.
The deadline to file a lawsuit. In Arizona, two years for most personal injury and wrongful death claims, with critical exceptions (180-day notice for public-entity claims, tolling for minors, etc.).
The written notice that must be served on a public entity within 180 days when the entity may be liable. See statute of limitations FAQ.
A documented presentation sent to the at-fault party’s insurer outlining liability, medical treatment, damages, and the amount sought to settle the claim.
A negotiated resolution that ends the claim without trial. A signed release typically forecloses any further recovery related to the same incident.
The formal court process — pleadings, discovery, depositions, motions, and ultimately trial. Most cases that go into litigation still settle before trial.
The pretrial exchange of information — written questions (interrogatories), document requests, depositions, and expert disclosures.
Sworn out-of-court testimony, taken by attorneys with a court reporter present and admissible later.
A confidential settlement negotiation conducted with a neutral mediator. Often required by Arizona courts before trial.
A jury or bench presentation of the evidence, ending in a verdict.
A fee structure where the attorney is paid a percentage of the recovery and only if there is a recovery. Standard in personal injury work.
Claims against your settlement by parties who paid for medical care or other benefits — health insurers, Medicare, Medicaid, hospitals, etc. Often negotiable.
Uninsured motorist and underinsured motorist coverage on your own auto policy. Critical when the at-fault driver has no insurance or low policy limits — and routinely under-utilized by claimants who don’t realize they have it.
A no-fault medical-payments coverage on most Arizona auto policies. Pays a portion of medical bills regardless of who caused the crash.
The ability to combine UM/UIM coverage across multiple vehicles or policies. Whether stacking applies depends on the policy language.
Arizona’s rule for dividing fault among parties. See comparative negligence resource.
Most cases in Arizona use “several only” liability — each defendant pays only their share of fault. There are exceptions for certain joint enterprises and intentional torts.
Damages awarded to punish particularly bad conduct (drunk driving, reckless disregard for safety) and deter similar conduct in the future. Available in some Arizona cases on top of compensatory damages.
A short conversation with an attorney can save weeks of guesswork.
