Personal Injury Law Glossary
Personal Injury Law Glossary: Plain-English Definitions for Arizona Claims
This personal injury law glossary explains the legal words you will run into during an Arizona injury claim, from negligence and comparative fault to depositions and notices of claim. Use it to follow what an insurance adjuster, a letter or a court filing is actually saying. It is general information, not legal advice, and many of these rules have exceptions.
Reviewed by Charles Paglialunga, Esq.
- Fault rule
- Pure comparative fault
- A.R.S. 12-2505
- Filing deadline
- 2 years from the injury
- A.R.S. 12-542(1)
- Damage caps
- None on personal injury or death damages
- Ariz. Const. art. 2 sec. 31; art. 18 sec. 6
- Public entity notice
- 180 days
- A.R.S. 12-821.01
How to Use This Personal Injury Law Glossary
Injury claims come with their own vocabulary, and the words are often used loosely. Adjusters say “liability” and “subrogation,” court papers say “complaint” and “discovery,” and online articles mix them all together. This glossary groups the terms by the question they help answer: who was at fault, what money is involved, how the insurance side works, what happens in a lawsuit, and which deadlines apply.
Each entry is a short, general definition. Where Arizona law matters, we name the statute so you can look it up. For the bigger picture, see our Arizona personal injury law guide, and for the sequence of events from the first call to the end of a claim, read the personal injury claim process.
In Legal Terms, What Is Negligence? The Negligence Legal Definition
The negligence legal definition is simple to say and harder to prove: negligence is a failure to use the level of care that a reasonably careful person would use in the same situation, and that failure causes harm to someone else. A driver who looks at a phone instead of the road, runs a red light, or follows too closely can be negligent.
To win a negligence claim, an injured person generally has to show four things: the other person owed a duty of care, they breached it, the breach caused the injury, and the injury led to real damages. Insurance companies and attorneys often negotiate each of those points, especially the percentage of fault.
Fault and Liability Terms
These terms describe who is responsible for a crash and how much.
- Duty of care
The legal obligation to act as a reasonably careful person would. Every driver owes a duty of care to everyone else on the road.
- Breach
Failing to meet the duty of care, such as speeding through a crosswalk or driving while distracted.
- Causation
The link between the breach and the injury. The breach has to be an actual cause of the harm, and the harm has to be a foreseeable result.
- Liability
Legal responsibility for harm. Saying someone is liable means a court or an insurer could hold them responsible for the damages.
- Comparative fault
A rule that reduces your damages by your own share of fault. Arizona follows pure comparative fault (A.R.S. 12-2505), so there is no percentage at which you are barred from recovering. See our guide to Arizona comparative negligence.
- Several liability
Under Arizona’s general rule, each defendant pays only its own share of fault, with exceptions (A.R.S. 12-2506). This is different from joint and several liability, where one defendant can be required to pay the whole amount.
- Vicarious liability
Responsibility for someone else’s conduct, such as an employer being responsible for an employee who causes a crash while working.
- Strict liability
Responsibility without proving negligence. Arizona’s dog bite statute is an example: an owner can be liable when the victim was in a public place or lawfully on private property, without proof of a prior bite (A.R.S. 11-1025).
Yield the Right of Way Definition
To yield the right of way means to slow down or stop and let another driver, pedestrian or cyclist go first when traffic law gives them priority. The right of way is not something a driver owns. The law decides who has to yield in each situation, such as a driver turning left across oncoming traffic, a driver pulling out of a driveway, or a driver approaching a crosswalk.
A driver who fails to yield and causes a crash may be found negligent, which makes the yield rules central to many intersection and left-turn cases. Fault can still be shared, so a plain failure to yield does not always mean the other driver bears all of the blame.
Damages and Money Terms
These terms describe what an injury claim can recover and how money moves at the end.
- Damages
The money a claim seeks to recover for harm. Arizona has no caps on personal injury or death damages (Ariz. Const. art. 2 sec. 31; art. 18 sec. 6).
- Economic damages
Measurable losses such as medical bills, lost wages, future medical costs and property damage.
- Non-economic damages
Losses that have no receipt, such as pain and suffering, emotional distress and loss of enjoyment of life. Our guide to what your case may be worth explains how these are valued.
- Punitive damages
Money meant to punish especially bad conduct rather than to make up a loss. In Arizona they require an “evil mind,” shown by clear and convincing evidence (Linthicum v. Nationwide, Ariz. 1986): either an intent to cause harm, or outrageous conduct that created a substantial risk of tremendous harm with a conscious and deliberate disregard for the safety of others. They are the exception.
- Loss of consortium
A claim by a spouse or domestic partner for the loss of companionship and support caused by the other person’s injury.
- Medical lien
A legal claim for repayment of medical costs, taken from a settlement before you receive the rest. Hospitals, providers, health plans, Medicare and AHCCCS can all hold one. See our guide to medical liens.
- Subrogation
An insurer’s right to be repaid from your recovery after it paid your bills.
- Demand letter
A written request to an insurer to settle a claim for a stated amount, usually with the supporting records attached.
- Settlement and release
A settlement is an agreement that ends a claim for an agreed amount. The release you sign will under most circumstances close your case permanently, even if your condition changes later.
- Contingency fee
A fee arrangement in which the lawyer is paid a percentage of the recovery. Arizona rules call for a written, signed fee agreement that states the percentage and how costs are handled (Ariz. ER 1.5(c)). You pay no attorney fee unless we recover money for you.
Insurance and Claim Terms
These terms come up in calls and letters from insurance companies.
- Adjuster
The insurance company employee who investigates and values a claim. Adjusters work for the insurer, not for you. Read more in our guide to talking to insurance adjusters.
- Liability coverage
The part of a policy that pays for harm the policyholder causes to others. Arizona sets minimum limits (A.R.S. 28-4009), which our guide to Arizona car insurance minimums explains.
- Policy limits
The most an insurance policy will pay for a covered claim. A strong claim can still be capped by low limits.
- Uninsured and underinsured motorist coverage (UM and UIM)
Coverage under your own policy for a crash caused by a driver with no insurance or too little. Arizona insurers must offer it in writing, and the insured may reject it (A.R.S. 20-259.01).
- Recorded statement
A recorded interview an insurer asks for. You are generally not required to give one to the other driver’s insurer, so think carefully before agreeing to it.
- MedPay
Optional medical payments coverage on your own auto policy that pays regardless of fault, often with a repayment clause after a settlement.
What Is the Deposition Process?
A deposition is sworn testimony taken outside the courtroom, usually in an office, during the discovery phase of a lawsuit. Here is how the deposition process generally works.
- 1
A notice is served
One side gives notice of the time and place and who will be questioned.
- 2
The witness takes an oath
The person answers under oath, with the same duty to tell the truth as in court.
- 3
Lawyers ask questions
Lawyers for each side ask questions, and the witness answers. Objections may be stated for the record.
- 4
A court reporter records it
A court reporter creates a word-for-word transcript, and the session may also be videotaped.
- 5
The transcript is reviewed
The witness may be able to review the transcript, and either side can later use the testimony in the case.
Court and Lawsuit Terms
These terms describe what happens if a claim becomes a lawsuit.
- Plaintiff and defendant
The plaintiff is the person who files the lawsuit. The defendant is the person or company being sued.
- Complaint
The document that starts a lawsuit by describing what happened and what the plaintiff is asking for.
- Answer
The defendant’s written response to the complaint.
- Discovery
The stage where each side exchanges information, including documents, written questions and depositions.
- Interrogatories
Written questions one side sends the other, which must be answered in writing under oath.
- Mediation
A meeting with a neutral person who helps the sides try to reach a settlement. The mediator does not decide the case.
- Arbitration
A process in which a neutral decision maker hears the case and issues a decision, as an alternative to a trial.
- Verdict and judgment
A verdict is the decision of the jury or judge. A judgment is the court’s formal order that results from it.
- Appeal
A request that a higher court review a decision for legal error.
Deadline Terms
Deadlines are where claims are most often lost. These terms have exceptions, so call us and we will explain how they apply to you.
| Term | What it means | Rule or citation |
|---|---|---|
| Statute of limitations | The deadline to file a lawsuit. Most personal injury claims have 2 years from the injury. | A.R.S. 12-542(1) |
| Accrual | The point when a claim is treated as starting, which usually starts the clock. | Depends on the claim |
| Discovery rule | The clock can start when you knew or should have known of the injury and its cause. | Case law |
| Tolling | A pause in the clock. For minors, the period is tolled until age 18, then the normal period runs. | A.R.S. 12-502 |
| Notice of claim | Written notice required before suing a public entity, within 180 days. See our guide to the Arizona notice of claim. | A.R.S. 12-821.01 |
| Sum certain | The specific dollar amount a notice of claim must state. | A.R.S. 12-821.01 |
Source: Arizona Revised Statutes as cited. Deadlines can start on different dates depending on the facts.
Related pages
Questions
Questions about the legal terms you will hear
What does yield the right of way mean when I am turning left?
In general, a driver turning left has to give way to oncoming traffic that is close enough to be a hazard. If a left-turning driver fails to do that and causes a crash, they may be found negligent. Fault can still be shared, and the facts of each crash matter.
What is the difference between a claim and a lawsuit?
A claim is a demand for payment, usually made to an insurance company. A lawsuit is a court case that starts when a complaint is filed. Many claims settle without a lawsuit, but a claim does not stop the filing deadline from running.
What is the difference between economic and non-economic damages?
Economic damages are measurable losses such as medical bills and lost wages. Non-economic damages are harder to measure, such as pain and suffering and loss of enjoyment of life. Arizona does not cap either kind in personal injury cases.
Do I have to attend a deposition?
If you file a lawsuit, you should expect to be deposed, because both sides are entitled to question the people involved. A deposition is under oath, so it helps to understand the process before you are asked to take part.
What does sum certain mean in a notice of claim?
A sum certain is a specific dollar amount. When you serve a notice of claim on a public entity under A.R.S. 12-821.01, the notice must state the facts and a specific sum for which the claim can be settled. A notice that leaves the amount open can be rejected.
Is negligence the same as intent?
No. Negligence means a failure to use reasonable care, not a plan to hurt someone. A negligent driver may not have meant any harm at all. Intentional conduct is a different category, and punitive damages can come into play in rare cases.
Free case review
Ask Us About Any Term You Do Not Recognize
Call (602) 584-8054 or request your free case review if a letter or a phone call has you stuck on a term. Our experienced and friendly attorney will explain your legal rights in plain English. The earlier you call, the better, but it’s never too late to find out your legal rights.
Call any time. Office visits Monday to Friday, 9 to 5.
Thank you, we’ve received your request.
A member of our team will reach out shortly. If your matter is urgent, call us now at (602) 584-8054.