Arizona vs. Texas: Injury Law Comparison

Are you an aspiring lawyer in the Harrison County area? We’re here to help you learn about Texas laws, so you can be the knowledgeable lawyer you hope to be.

Texas and Arizona are similar in many ways. For one thing, they both have a Wild West persona that is hard to resist. The second thing they have in common—similar personal injury laws. If you are an aspiring attorney in Texas, it’s important for you to learn about the laws in other states. 

You can learn a lot from the laws in other states, other cases, and other attorneys. 

For instance, you might hear about a case that a Phoenix personal injury attorney settled, which you realize is very similar to a case you are working on. You might be able to learn from that case, but you would need to compare the laws in Arizona to the laws in Texas to be sure that what worked in that case will also work in Texas. 

Read on to see a comparison of Arizona and Texas personal injury laws.

Texas and Arizona Personal Injury Laws

Statute of Limitations

In both Texas and Arizona, the accident victim is given two years to submit a personal injury claim. This is not a lot of time, so it’s important you convert leads into clients as quickly as possible so you have time to prepare your client’s case.

Comparative Negligence

Both Arizona and Texas use a comparative negligence approach to personal injury cases. This is when the accident victim’s damages are reduced by the percentage of fault that is attributed to them. 

However, Texas bars an injury victim from seeking compensation if their fault was 50 percent or greater. Arizona allows a victim to seek damages from another person even if the victim was 99 percent at fault for the accident. In Arizona, the law does bar the victim from seeking damages if they intentionally hurt themselves in an effort to secure compensation.

Damage Caps

Another difference between Arizona injury laws and Texas injury laws is damage caps. Arizona has no damage caps, but Texas does. Texas caps medical malpractice damages at $250,000 for non-economic losses for one person and $500,000 total. However, for wrongful death claims, the cap is higher and changes each year based on inflation.

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