Tort law in Texas and other states is the body of law that addresses civil, as opposed to criminal, wrongs. These involve injuries inflicted by one person or entity in another. Tort law defines the type of conduct that constitutes actionable civil wrongs. Tort law is the subject of personal injury law and the area of practice of personal injury lawyers.
These form the basis of the ability of a person or entity to seek damages from another person or entity who has harmed them. The harm is usually physical, at least in part, but in most states today, a person can sue another for the intentional or negligent or intentional infliction of emotional distress.
The person or entity that commits these wrongs may be held liable for the losses or damages which they cause. The purpose of tort laws is to compensate victims as well as deter or discourage future similar behavior and wrongdoing.
The typical remedy for a tort is the payment of monetary damages, which are intended to compensate the victim for the economic loss they incur because of their injury. So, for example, a person might be awarded compensatory damages for the salary they lost because their injury rendered them unable to work.
Torts are generally classified as negligence, intentional torts, and strict liability torts. Negligent torts deal with harm a person suffers because another person was simply negligent in their activities. Some examples of negligent torts would be the following:
An intentional tort is a wrong that a person commits purposefully. Some examples of intentional torts are as follows:
There is also a class of tort that is known as “strict product liability.” In this type of tort, the manufacturer or distributor of products may be liable for the harm caused by the products that they design, produce, and sell to consumers if the products are defective.
It is important to note that there may be some overlap between tort law and criminal law. Tort law is the area of law that permits one person to sue another person or company because they suffered injury or harm. As noted above, this area of law is referred to as personal injury law.
For example, a person may be charged with a crime because they commit a battery on another person. However, a person may also be liable to pay damages to their victim in a civil lawsuit for committing a battery.
Usually, people do not sue those who commit battery on them because the perpetrator of the battery does not have insurance to cover their wrongful conduct, and they otherwise do not have any money. Thus, there would be no point in bringing a civil lawsuit for the intentional tort of battery against the perpetrator. But it is possible.
Tort cases are different from criminal cases. This means that a defendant in a civil case would not face criminal punishment for their actions. However, again, it is possible in some cases that a person who commits an intentional tort could be charged with a criminal offense and be named as the defendant in a civil lawsuit as well.
Intentional torts are committed on purpose against a victim. Negligence is committed because of the carelessness of a person or entity. In other words, a negligent tort is an unintentional tort.
Negligence is a person’s failure to act as an ordinary, reasonable person would in the same or similar circumstances. The victim who brings a negligence case is required to prove the following elements:
- Duty;
- Breach of duty;
- Causation;
- Damages.
Strict liability is the legal doctrine that allows a person or entity to be liable for injury to others even if they were not negligent in any way or did not inflict harm intentionally. It is most often applied in the case of defective products and in the area of ultrahazardous activities.
If a person is engaged in an ultrahazardous activity, they may be held liable if another individual is injured. These activities may include the following:
- Keeping wild animals;
- Using explosives;
- Making defective products.
What Do Tort Laws Cover?
As noted above, tort laws cover everything from simple negligence to intentional torts and strict liability for defective products or ultrahazardous activity. Tort law sets the legal basis for liability and the law regarding the remedies which a victim of another’s tort is entitled to claim.
What Is Tort Reform?
Tort reform includes proposed changes to the legal system, which try to reduce the ability of victims to file lawsuits for torts or to reduce the amount of damages that a person liable for a tort is obligated to pay a victim.
Tort reform in the U.S., as well as in Texas, is a contentious issue. Advocates of tort reform propose several changes, such as limits on a victim’s ability to file a claim and caps on the damages that can be awarded.
In Texas, the Medical Malpractice and Tort Reform Act of 2003 has capped the damages a victim can recover for noneconomic damages in a medical malpractice case at $250,000. The main injury for which noneconomic damages are awarded is pain and suffering.
This legislation does not cap economic damages, which compensates a victim for such losses as hospital bills and lost wages. However, because of tort reform, attorneys may be less likely to take on the cases of certain victims.
Who Benefits from Tort Reform?
As previously noted, tort reform in Texas is generally an effort to limit the amount of money damages that a victim can recover in a tort case. This provides a benefit to the people who are liable for causing the damage, i.e., healthcare providers, doctors, hospitals, and other healthcare providers.
Who benefits is debatable and often depends on whom one asks. Healthcare providers may argue that limiting damages in medical malpractice cases may reduce the cost of healthcare overall, which may benefit all of us. Healthcare providers must have malpractice insurance that covers their losses in a malpractice case. Arguably, caps on damages limit the cost of malpractice insurance. This may benefit patients in the end.
Those on the side of victims of medical error are likely to argue that tort reform such as caps on damages mean that victims and the lawyers who represent them come up short of what they deserve to recover.
In Texas, it can be noted that the number of physicians has not increased since the passing of this bill if the increase in population is taken into account. In fact, Texas ranks 41st among the 50 states in the U.S. in active patient care physicians per 100,000 residents, sitting at 199.9 physicians per 100,000 residents.
This number is below the national state average. The Texas Department of State Health Services reports that Texas has a shortage of physicians. However, many factors affect the number of doctors practicing in any given state, and the shortage in Texas can hardly be blamed on tort reform.
It is important to keep in mind that in 2016, medical safety experts at Johns Hopkins University revealed that medical errors result in over 250,000 deaths per year in the U.S., which made it the third leading cause of death in the U.S. at that time.
Other studies reportedly claim that the number of deaths from medical errors is actually quite a bit higher, with as many as 440,000 deaths per year. Regardless, cases of medical malpractice and medical negligence have become a genuine cause for concern, especially in Texas.
Because most lawyers collect a percentage of the money damages they recover for a victim, caps on damages limit the amount of money that lawyers can make on these cases. This makes it less likely that a lawyer would prosecute a case. This, in turn, makes it less likely that a victim can recover the amount of money that might compensate them for their losses. In some cases, victims might be prevented from collecting the compensation they arguably deserve.
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Is Texas Tort Law Different from That of Other States?
The State of Texas is known as a tort reform state. Texas is primarily known for placing a cap on medical malpractice damages that a victim can be awarded in medical malpractice claims.
There are also other features of the state’s reformed tort law, which include the following:
- No Statutory Damages: These are damages that may be awarded to a victim who has not shown that they suffered any economic losses in connection with their injury. A victim must show an economic loss in order to win an award of damages;
- Sovereign Immunity: Texas allows a person to file a tort lawsuit against a government entity. This is prohibited in many states;
- The Texas Advance Directives Act: This allows a healthcare professional or facility to end the life-support for a critically ill patient. The treatment may be terminated within 10 days following written notice that continuing the treatment is not likely to have an effect on the patient. Under the Act, a doctor avoids possible tort liability for discontinuing treatment;
- Comparative Negligence: A person who has a negligence claim in Texas may recover damages if their own percentage of liability, if any, is equal to or less than 50%. It is important to note that not every state has a comparative negligence statute. However, many do observe the law of comparative negligence.
Other states have also limited the amount a victim of malpractice may recover for noneconomic damages, so Texas is not unique in this regard. Other states also have comparative negligence laws similar to the law in Texas.
How Do I File a Tort Claim?
A person would most likely want to consult a local attorney in Texas before filing a tort claim of any kind. That is because a certain amount of research and analysis must go into deciding how to proceed. For example, a person has a choice of different levels of courts.
The court in which a person would file would, in part, depend on how much they seek in damages. If a person seeks $20,000 or less, they would file their claim in a Texas small claims court. If they seek more, they would file in a state judicial court.
There are other factors to consider as well. A local Texas attorney would be able to help a person determine how best to proceed with filing a tort claim.
Should I Hire a Lawyer if I Have Issues with Texas Tort Law?
Whatever side of the debate you may be on, it is essential to have the help of a Texas tort lawyer if you have any issues, questions, or concerns regarding a tort law issue in Texas. This is especially true if your case involves medical malpractice.
LegalMatch.com can connect you to an attorney who can review your case and advise you regarding how the issues may be resolved. Your attorney can also assist you with filing a personal injury lawsuit as well as represent you during any negotiations or court proceedings.
