Arizona Personal Injury Legal Glossary
Plain-English definitions of the legal terms that come up most in Arizona personal injury cases. State-specific notes for every term — statutes, deadlines, and rules that actually affect your case.
📞 Call 623-632-0959 for a free case reviewTerms in this glossary
Statute of Limitations
A legal deadline for filing a lawsuit. Once it passes, the case cannot be brought to court no matter how clear the liability is.
Arizona note: Arizona personal injury cases have a two-year statute of limitations under ARS §12-542. Wrongful death is also two years from date of death. Government-entity claims require a notice of claim within 180 days under ARS §12-821.01.
Comparative Negligence
A rule for splitting fault between parties when more than one person contributed to an accident. Your recovery is reduced by your percentage of fault.
Arizona note: Arizona follows pure comparative negligence under ARS §12-2505. You can recover damages even if you were 99% at fault, but your award is reduced by your percentage of fault.
Contingency Fee
A fee structure where the lawyer is paid only if the case results in a recovery. The fee is a percentage of the settlement or verdict, with no upfront cost to the client.
Arizona note: Standard personal injury contingency fees in Arizona range from 33% (pre-litigation settlement) to 40% (if the case goes to trial). Costs (filing fees, experts) are typically deducted from the recovery separately.
Damages
The money awarded to compensate someone for injury, loss, or harm. Personal injury damages are usually grouped into economic (medical bills, lost wages), non-economic (pain and suffering), and punitive.
Arizona note: Arizona caps punitive damages only in narrow contexts (no general cap). Economic damages are not capped in standard PI cases. Wrongful death damages flow to surviving spouse, children, or parents under ARS §12-612.
Pain and Suffering
A non-economic damage category covering physical pain, emotional distress, loss of enjoyment of life, and mental anguish caused by an injury. Awarded in addition to medical bills and lost wages.
Arizona note: Arizona has no statutory cap on pain and suffering damages in personal injury cases. Juries may consider the severity of injury, recovery time, and impact on daily life.
Wrongful Death Action
A civil lawsuit brought after a person dies due to negligence or misconduct. Damages compensate surviving family for losses including funeral costs, lost income, and loss of companionship.
Arizona note: Arizona wrongful death actions are governed by ARS §12-611 to §12-613. The personal representative or surviving spouse, children, parents, or guardian can file. Two-year statute of limitations applies.
Hours of Service (HOS)
Federal regulations that limit how long commercial truck drivers can drive without rest. Designed to prevent fatigue-related crashes.
Arizona note: Federal Motor Carrier Safety Administration (FMCSA) rules apply to interstate trucks operating in Arizona: 11-hour driving limit, 14-hour on-duty limit, 30-minute breaks, weekly limits. Violations can establish negligence in truck crash cases.
Electronic Logging Device (ELD)
A federally mandated device that automatically records a commercial truck driver's hours of service. ELD data shows driving time, breaks, and rest periods.
Arizona note: ELD data is critical evidence in Arizona truck crash cases — it can prove whether the driver violated hours-of-service rules. Trucking companies are required to retain ELD records but data can be overwritten if not preserved promptly.
Subrogation
The process by which an insurance company that paid your medical bills (like your health insurer) seeks reimbursement from the at-fault party's settlement.
Arizona note: Arizona allows insurer subrogation but requires the insurer to pay its share of the legal costs of recovery (the "made whole" doctrine and common fund rules apply).
Maximum Medical Improvement (MMI)
The point at which medical treatment can no longer improve your condition. Reaching MMI often signals the case is ready for valuation and settlement.
Arizona note: Arizona insurers usually wait for MMI before extending serious settlement offers. Premature settlement before MMI can leave future medical costs uncovered.
Demand Letter
A formal letter from your attorney to the at-fault party's insurer that lays out the case, calculates damages, and proposes a settlement amount. The first major step in pre-litigation negotiation.
Arizona note: A well-built Arizona demand letter includes medical records, lost wage documentation, future treatment estimates, and case law supporting the valuation. Insurers respond within 30 to 60 days typically.
Loss of Consortium
A damage category for the spouse, children, or close family of an injured person, covering loss of companionship, affection, sexual relations, and household services.
Arizona note: Arizona recognizes loss of consortium claims for spouses and, in limited cases, children. Claims are filed alongside the injured person's case.
Spoliation
The destruction or alteration of evidence relevant to a legal case. Courts can sanction parties who destroy evidence after they knew or should have known it was material.
Arizona note: In Arizona truck cases, spoliation of black box data, driver logs, or maintenance records can result in court sanctions and adverse inference instructions to the jury.
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