Mass Tort Laws and Regulations in Texas

In Texas, tort laws regulate the legal process when an individual injures or causes harm to another person. A tort law case involves a plaintiff and defendant. Most times, the injuries sustained may be physical, economic, or emotional. On the other hand, Mass Tort laws include personal injury lawsuits that permit multiple plaintiffs to file a case against the same defendant or defendants. Typically, the circumstances leading to the injuries sustained are identical.

Generally, Texas tort cases are considered civil litigation cases. They are available to compensate a plaintiff and prevent defendants from causing more harm. A major difference between a tort case and a mass tort case is the number of people involved. A tort case involves one plaintiff and the defendant; meanwhile, mass tort action occurs between multiple plaintiffs and one defendant or multiple defendants.

With regards to multiple plaintiffs filing personal injury lawsuits against the same defendant, mass torts are similar to class actions. However, the main difference between a mass tort and class action lawsuits is how the plaintiffs are identified. In a mass tort, each plaintiff is treated as an individual according to the damages sustained. Therefore, mass tort plaintiffs are compensated individually. Meanwhile, a class action identifies plaintiffs as one (group of class representatives) because they suffer the same injury. Also, plaintiffs in a class action are compensated equally.

What Do Tort Laws Cover in Texas?

Tort laws in Texas cover the injuries sustained by a plaintiff and provide measures to prevent future occurrences. Examples of common tort cases include assaults, wrongful death, invasion of privacy, slip and fall injuries, and defamation. However, most tort cases are classified into:

• Intentional torts
• Negligence; or
• Strict liability.

Intentional torts: Intentional tort, as the name suggests, occurs when an individual knowingly or purposely injures or causes harm to another person. Common intentional torts include assault, false imprisonment, trespass to land, battery, conversion, and emotional distress.

Negligence: A tort is classified as negligence if the defendant acted carelessly. In most cases, the defendant’s actions are considered abnormal or inappropriate if it falls short of how a reasonable person would act. Examples of negligence include a duty of care, breach of duty, etc.

Strict liability: Strict liability is a situation whereby the defendant’s actions or products cause a plaintiff injuries (product liability cases). For instance, if a defendant makes defective products or keeps wild animals that result in causing harm to a plaintiff.

To get a professional evaluation of your case, speak with a Texas mass tort lawyer.

What Is Tort Reform in Texas

Texas Tort Reforms are changes made to existing civil laws to limit a plaintiff’s ability to sue or reduce the amount receivable as compensation. The limitation of non-economic damages for a healthcare liability claim is a popular tort reform in Texas. Based on Texas Civil Practice & Remedies Code section 74.301, the amount payable to a plaintiff for non-economic damages in a medical malpractice lawsuit was limited to $250,000 per liable health care institution, while the economic damages remained uncapped.

Who Benefits From Tort Reform in Texas?

Defendants may benefit from Texas Tort Reform because, in a medical malpractice settlement case, Texas’s tort reform law reduces the maximum possible amount payable to plaintiffs for non-economic injuries. According to the National Library of Medicine, the Texas tort reform implemented in 2003 resulted in an increase in physicians in Texas. Also, the cost of medical malpractice insurance premiums was reduced across the state. However, residents also benefit from tort reform in Texas due to the increase in physicians.

Is Texas Tort Law Different From Other State Tort Law?

Texas Tort Law is different from other state tort laws due to the changes made over the years. For instance, Texas has been regarded as a Tort Reform State since its Medical Malpractice and Tort Reform Act of 2003. In addition, Texas tort law has the following features:

• No statutory damages
• Comparative negligence
• Texas Tort Claims Act
• Texas Advance Directives Act.

No statutory damages: Statutory damages are the ones, where the amount is pre-established by the state law, instead of being determined based on the damages. The Texas tort law does not permit plaintiffs to receive compensation for statutory damages. Interested persons who seek compensation for damages must provide evidence showing they suffered actual economic losses -which gets used to calculate the damages.

Comparative negligence: In a negligence claim, a plaintiff is only eligible for compensation once their proportionate responsibility is determined. According to Texas Civil Practice and Remedies Code section 33.001, a plaintiff may not recover damages if their percentage of responsibility in the incident is more than 50 percent.

Texas Tort Claims Act: The Texas Tort Claims Act (TTCA) enables a plaintiff to file a case against a government entity despite its sovereign immunity.

Texas Advance Directives Act: The Texas Advance Directives Act allows medical professionals or facilities to stop the life-sustaining treatment of a critically ill patient. In most cases, the patient or their loved ones have ten days' notice to find a new healthcare facility before the treatment is stopped. The Texas Advance Directives Act may prevent a medical professional from any form of tort liability.

What to Know About Texas Two-Step and Mass Tort

Texas Two-Step is a bankruptcy strategy that allows companies to split into two or more entities to protect their assets from tort liabilities. The process of splitting into different parts is known as Divisive Merger”. A company that undergoes a divisive merger transfers its tort liabilities and a small portion of original assets to the newly formed entity. Therefore, the newly formed entity may file for bankruptcy to shield the original company from its tort liabilities.

Typically, companies use the two-step tactic to protect their assets from bankruptcy claims. In most cases, these may affect the claims of plaintiffs in a mass tort. Nonetheless, the Texas Business Organizations Code section 10.901 ensures such a divisive merger does not affect creditors’ rights under existing laws.

What Types of Remedies Can a Mass Tort Claimant Get in Texas?

Claimants in Texas mass tort claims can get legal remedies, also known as damages. The damages obtainable are monetary payments from the defendant to compensate a plaintiff for their pain and suffering, injuries, losses, etc. More often than not, damages are categorized into economic, non-economic, and punitive damages. In most cases, mass tort settlements are determined based on a case-by-case basis. Each case is evaluated under multidistrict litigation based on merit and injuries sustained.

Discuss your tort liability case with a tort lawyer.

What Is an MDL?

Multidistrict Litigation (MDL) is a legal process that allows mass tort cases to be handled in a single court. Often than not, mass tort plaintiffs are across the country. MDL allows parties involved to conserve resources and maintain consistent court ruling during the lawsuit. In such a situation, a single judge oversees the discovery and pretrial stages.

Is MDL a Mass Tort?

No, an MDL is not a Mass Tort. Mass tort actions enable different individuals to file a case for similar damages against a defendant or defendants. Meanwhile, multidistrict litigation (MDL) is a means that allows mass tort plaintiffs to get their compensation.

How Do I Know I Have a Mass Tort Case?

An individual can determine if they have a mass tort litigation case if they suffered the same or similar injury to other people due to the negligence of a person or entity. A mass tort action allows victims or plaintiffs to seek compensation for their injuries or damages. Due to the complexity of mass tort cases, plaintiffs should speak with a mass tort litigation attorney to provide professional advice and guidance on the viability of their claim, how best to pursue it, and represent their interest. The mass tort lawyer is responsible for examining each case in the litigation process and providing the necessary strategy to win.

For a free case evaluation, discuss your mass tort claim with legal counsel.