Torts and Personal Injury Flashcards

Under the Texas Wrongful Death Act, what is the statute of limitations for bringing a wrongful death claim?

Answer: Two years from the date of the decedent's death

Texas Civil Practice & Remedies Code § 16.003 imposes a two-year limitations period on wrongful death claims, running from the date of the decedent's death.

Which category of damages is recoverable in a Texas survival action but NOT in a wrongful death action?

Answer: The decedent's pre-death medical expenses, pain and suffering, and lost earnings between injury and death

A survival action, brought by the decedent's estate, recovers damages the decedent personally suffered before death — pre-death medical expenses, pain and suffering, and lost earnings during that period.

In Texas, to recover exemplary (punitive) damages, a plaintiff must prove which of the following by clear and convincing evidence?

Answer: The defendant acted with fraud, malice, or gross negligence

Texas requires clear and convincing evidence that the defendant acted with fraud, malice, or gross negligence before exemplary damages may be awarded.

In a Texas products liability case, comparative responsibility principles:

Answer: Reduce the plaintiff's recovery proportionally based on their assigned percentage of responsibility

Texas Civil Practice & Remedies Code Chapter 33 (proportionate responsibility) applies to both negligence and strict products liability claims, reducing the plaintiff's recovery by their assigned fault percentage.

Maria witnesses her husband being struck by a negligently driven car. She was not physically endangered but suffers severe emotional distress. Under Texas law, can Maria recover for negligent infliction of emotional distress (NIED)?

Answer: Yes, if she was present at or near the scene, contemporaneously perceived the injury, and is a close family member of the victim

Texas's bystander NIED rule requires presence at or near the scene, contemporaneous perception of the injury as it occurred, and a close family relationship with the primary victim.

Under Texas healthcare liability law, what must a plaintiff do within 120 days of filing a medical malpractice suit?

Answer: Serve a qualifying expert report authored by an expert in the relevant field of healthcare

Texas Civil Practice & Remedies Code § 74.351 requires plaintiffs in healthcare liability claims to serve a qualifying expert report within 120 days of filing or face mandatory dismissal with prejudice.

Under Texas law (as modified by Haygood v. De Escabedo), the amount a plaintiff can recover for past medical expenses in a personal injury case is limited to:

Answer: The amounts actually paid or incurred by or on behalf of the plaintiff, not inflated billed amounts

The Texas Supreme Court's Haygood decision limits recovery for medical expenses to amounts actually paid or legally owed, excluding phantom charges that were billed but never expected to be collected.