Sometimes, the easiest way for me to learn more about the personal injury laws in Arizona is to compare our laws to personal injury laws elsewhere. Living in Flagstaff can sometimes feel like a bubble. As a law student, I know other states operate differently, but I rarely think about what it would be like to get injured and take legal action with different rules.
Because I don’t know where I’ll get a job once I graduate, I figured it was about time I expanded my knowledge and changed my mindset. My first comparison is between Florida and Arizona personal injury laws. Who knows, maybe one day I’ll be like a Tampa personal injury lawyer and get to live near the beach!
No-Fault vs. Fault Car Insurance Law
The biggest difference between Florida and Arizona personal injury laws comes with car insurance.
Florida is a no-fault insurance state, while Arizona is a fault state. In Florida, all drivers must carry a minimum of $10,000 in personal injury protection insurance. This insurance covers medical expenses and lost income when a car accident occurs, regardless of who was at fault. Drivers can file lawsuits for negligence but only if their damages exceed $10,000 or if they suffer severe injuries.
Arizona is a fault state, which means car accident victims can sue for compensation as long as they can prove fault against the at-fault party in their accident. Anyone who causes an accident can be held accountable and there’s no requirement for personal injury protection insurance.
Pure Comparative Negligence
Both Florida and Arizona have pure comparative negligence laws in place, meaning any victim in an accident can file a claim against another at-fault party regardless of their percentage of fault. The court will deduct the victim’s percentage of fault from their settlement amount.
Statute of Limitations in Filing Your Claim
Florida gives injured victims four years from when their accident occurred to file their claim and obtain a settlement. Arizona gives injured victims only two years from their accident to file a claim.
It’s essential for victims to know the statute of limitations in their state if they want the court to hear their case.
Whether you live in Florida or right here in Arizona, you should know the personal injury laws in your state just in case you get into an accident. As a future attorney, I plan to learn the personal injury laws in every state so I can help any victim I may serve one day.